At JNSLP’s Feb. 11, 2015 symposium on “Trials and Terrorism: The Implications of Trying National Security Cases in Article III Courts,” an expert panel was convened to discuss trends in sentencing considerations in Article III terrorism prosecutions, and what the implications for these cases portend for american foreign policy. The panel consisted of a judge, a government official and former prosecutor, academics, and sentencing experts.
The so-called “war on terror” has ended. By the end of his first week in office, President Barack H. Obama had begun the process of dismantling some of the most notorious “wartime” measures. A few weeks before, recently reappointed Secretary of Defense Robert M. Gates had clearly forsaken the contentious label in a post-election essay on U.S. strategy in Foreign Affairs. Gates noted this historic shift in an almost offhanded way: “What is dubbed the war on terror is, in grim reality, a prolonged, worldwide irregular campaign – a struggle between the forces of violent extremism and those of moderation.” At the same time, the Obama administration is taking care to reconfirm its commitment to defending the United States and its interests against the threat of radical Islamists, among others. However, because it is hard to replace something with nothing, this article argues that the President should go further and offer a positive formulation – based on good law as well as sound policy – of how he will lead us to a “future of peace and dignity.” He should restore Franklin D. Roosevelt’s Four Freedoms to a central place in the nation’s grand strategy.
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.
The USA PATRIOT Act has sparked intense public debate, with proponents claiming that the Act is a necessarily hard-minded response to a national crisis, while opponents see unwarranted, even opportunistic, expansion of state power. Perhaps no provision of the Act has generated more controversy than §215, which authorizes the FBI to seek a court order compelling the production of “any tangible things” relevant to certain counterintelligence and counterterrorism investigations. Like many other provisions of the USA PATRIOT Act, §215 will expire on December 31, 2005, unless reauthorized by Congress. The controversy, therefore, is likely to intensify over the coming months.