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.
As the United States continues to fight on multiple fronts to disrupt the efforts of al Qaeda and its affiliates, the U.S. government has slowly come to realize that military force alone cannot defeat radical Islamist extremism (hereafter “radical extremism”). Today, there is a growing consensus that countering the ideology that drives this extremism is a critical element in the overall effort to prevent extremist acts of violence. Despite this greater realization, developing a precise strategy to counter extremism effectively and empower mainstream alternatives has proved challenging. This issue posed a difficult challenge to the Bush administration and remains a daunting and urgent task for the Obama administration.
This article examines three national security law challenges resulting from greater involvement of state and local police agencies in protecting national security, especially in combating terrorism: organizational challenges, accountability challenges, and institutional tensions with traditional local police functions. Each threatens the balance of security and civil liberties.
National security threats in the twenty-first century, such as terrorism, proliferation, failing states, and climate change, are fast, dynamic, and complex. Meeting them successfully requires a capacity to integrate all instruments of U.S. national power – diplomacy, military force, intelligence, law enforcement, foreign aid, homeland security, education, transportation, and health and human services – into a single system supporting a common mission.
By any measure, the period between September 11, 2001, and the 2008 presidential election witnessed an unprecedented tangle of controversies at the intersection of national security law and policy. The Bush administration responded to the September 11 attacks and the threat of further terrorism by asserting expansive executive authority across a wide range of national security domains. The President fashioned new rules for detaining those captured in what was called the “global war on terror” …