Tag Archives: Counterterrorism Law

A Knowledgeable Insider Warns of the Challenges in Shaping Counterterrorism Policies

Reviewing Skating on Stilts: Why We Aren’t Stopping Tomorrow’s Terrorism by Stewart A. Baker

“Stewart Baker has written an enthralling, yet alarming, account of the difficult road we as country have traveled since 9/11.1 Part memoir of a veteran senior government official, part lesson in interdepartmental infighting and bureaucratic power games, part philosophical musing on technology’s benefits and potential costs, and part vigorous advocacy enlivened by saucy humor and snappy prose, Baker’s book summons us to think hard about how new technologies – air travel, computer functionality, biotechnology – jeopardize our lives and our way of life even as they also promise to brighten our futures.”

Preventive Detention and Preventive Warfare: U.S. National Security Policies Obama Should Abandon

At the January 2009 Association of American Law Schools’ Section on National Security Law panel discussion, I and others urged the incoming Obama administration to make a clear and decisive break with the Bush administration’s national security policies. Six months later, the new Administration has not done so. Rather, it has acted in a contradictory manner: boldly asserting in its first days that it would ban torture and close Guantánamo, but in practice continuing many of the Bush antiterrorism policies. President Obama’s major speech on Guantánamo and other national security issues reiterated his desire to close Guantánamo, but also argued that the United States could hold detainees in custody indefinitely without trial or try them by military commissions. The Administration has adopted the Bush administration position that detainees held in U.S. custody in Afghanistan indefinitely have no right to seek habeas corpus in U.S. courts. It has also continued to assert the state secrets privilege to attempt to block lawsuits seeking accountability for extraordinary rendition and torture.

‘This Is Not Your Father’s War’ Confronting the Moral Challenges of ‘Unconventional’ War

On Tuesday, November 4, 2008, Paula Loyd, assigned to U.S. Army team AF-4 Blue, was conducting interviews among the local population in the small village of Chehel Gazi in southern Afghanistan. According to witnesses, she approached a man carrying a fuel jug, and they began discussing the price of gasoline. Suddenly the man, Abdul Salam, doused her with the fuel in his jug and set her on fire. She suffered second- and third-degree burns over sixty percent of her body. Tragically, Paula Loyd died of her injuries a few weeks later, in early January 2009.