AELE Home Page
Federal Laws and Guidelines:
- The
Military Commissions Act of 2006: Analysis of Procedural Rules and Comparison
with Previous DOD Rules and the Uinform Code of Military Justice (updated
Sep. 27, 2007). http://www.fas.org/sgp/crs/natsec/RL33688.pdf
- National
Response Plan, Department of Homeland
Security, 426 pgs.(January 6, 2005). Describes how federal agencies
will work with state, local, and tribal governments in the event of an
emergency--naturally occurring or terrorist imposed. [PDF]
- S. 2845, the Intelligence
Reform and Terrorism Prevention Act of 2004, as passed by the Congress.
[PDF]
- The President's Memorandum
to the Director of Central Intelligence regarding the strengthening
Central Intelligence Agency capabilities and Memorandum
to the Attorney General regarding further strengthening of Federal
Bureau of Investigation capabilities (11-23-2004).
- Final
Report of The National Commission
on Terrorist Attacks Upon the United States (also known as the 9-11
Commission). July 22, 2004. 7.22 megabyte file. [PDF].
- SENATE INTELLIGENCE COMMITTEE REPORT ON THE U.S. INTELLIGENCE
COMMUNITY'S PREWAR INTELLIGENCE ASSESSMENTS ON IRAQ (Released July 9, 2004)
The Senate Select Committee On Intelligence Released Its 521-Page Report,
Unanimously Approved By The Committee, Detailing Pre-War Intelligence Regarding
Iraq's Weapons Of Mass Destruction Programs, Ties To Terrorists, Threat
To Regional Stability And Violations Of Human Rights. The Report Was Heavily
Redacted By The Central Intelligence Agency Prior To Release. Complete
Iraq Report (24 MB - CAUTION Large File) [PDF] http://news.findlaw.com/hdocs/docs/iraq/sic70904iraqrpt.pdf
- Report
to the National Commission on Terrorist Attacks upon the United States:
The FBI's Counter-terrorism Program Since September 2001. [PDF] 80
pages, (FBI, April 14, 2004).
- "Risks Facing Key Border and Transportation Security
Program Need to Be Addressed," U.S. General Accounting Office Report
GAO-03-1083 to Congressional Committees 9/17/2003 (PDF, 104 pp.). http://www.gao.gov/new.items/d031083.pdf
- Memorandum of Understanding on the integration and use
of screening information to protect against terrorism (Sep. 16, 2003).
[PDF] http://news.findlaw.com/hdocs/docs/terrorism/fed91603memund.pdf
- Comprehensive list of legislation inspired by the attack
of Sept. 11, 2001 (on Thomas) http://thomas.loc.gov/home/terrorleg.htm
- Declassified version of the Congressional joint inquiry
report on the September 11 terrorist attacks, released July 2003, following
a seven-month declassification process. The 858 page document (in a 6.5mb
PDF file) is at:
http://www.fas.org/irp/congress/2002_rpt/911rept.pdf
- Revised
Justice Department Guidelines, issued by the Attorney General on May
30, 2002. Includes guidelines on "General Crimes, Racketeering and
Terrorism Investigations," "FBI Undercover Operations,"
"Confidential Informants," and "Lawful, Warrantless Monitoring
of Verbal Communications."
- Department of Justice Emergency
Preparedness: Guidance and General Information. Justice Management
Division (February 2003).
- "Patterns
of Global Terrorism" Report 2003, U.S. State Department (April
2004). (A 7.4 megabyte .pdf file). Individual sections may be downloaded
in .pdf format here.
Individual sections of the report may be access in .html format here.
NOTE: Corrected Year
in Review, Appendix
A, and Appendix
G were posted on June 22, 2004. (Numbers in the overall report text,
specifically numbers of killed and wounded, will subsequently be revised
to reflect the corrected Appendices. Until that occurs, reference should
be made to these supplemental files). Also, a new fact sheet Chronology
of Non-Significant International Terrorist Incidents, 2003 was released
on June 22, 2004. (An International Terrorist Incident is judged non-significant
if it does not result in a loss of life or serious injury to persons, major
property damage (more than $10,000), and/or is not an act or attempted
act that could reasonably be expected to create the conditions noted).
- "Patterns
of Global Terrorism" Report 2002, U.S. State Department (April
2003). (A 40.3 megabyte .pdf file). Individual sections may be downloaded
in .pdf format here.
Individual sections of the report may be accessed in .html format here.
- "Patterns
of Global Terrorism" Report 2001, U.S. State Department (May
2002). (A 34 megabyte .pdf file). General description of report (with links
to particular sections) at: http://news.findlaw.com/hdocs/docs/dos/trrpt2001/
- Military
Tribunal Rules -- Military Commission Order issued by the U.S. Dept.
of Defense (Mar. 21, 2002).
- OSHA guidelines
on assessing risks of anthrax in the workplace (Nov. 16, 2001).
- President Bush's Military
Order: Retention, Treatment and Trial of Certain Non-Citizens in the War
Against Terrorism (Nov. 13, 2001).
- Federal Bureau of Prisons: Rule, "National
Security, Prevention of Acts of Violence and Terrorism," 66 Federal
Register 55061-55066 (Oct. 31, 2001).
- Text of the anti-terrorism guidelines issued by the Justice
Dept. (Oct. 30, 2001).
Link » http://www.epic.org/privacy/terrorism/DOJ_guidance.pdf
- Presidential Executive Order: Critical Infrastructure
Protection in the Information Age (Oct. 16, 2001).
Link » http://www.whitehouse.gov/news/releases/2001/10/20011016-12.html
Proposed Federal Laws and Guidelines:
- Pending legislation Congress is considering: the State
Bioterrorism Preparedness Act (H.R. 3153 & S. 1520); the Cyber
Security Enhancement Act of 2001 (H.R. 3482); and the Cyberterrorism
Preparedness Act of 2002 (S. 1900).
- Proposed Preparedness
Against Domestic Terrorism Act of 2001 to help prepare the country
for acts of terrorism and natural disasters, such as a fire, flood, explosion
or other catastrophe.
State Laws and Guidelines:
- Proposed Model
State Emergency Health Powers Act, drafted at the request of the Centers
for Disease Control by the Center
for Law and the Public's Health (Johns Hopkins and Georgetown Universities),
released on Oct. 30, 2001.
- Florida's Weapons
of Mass Destruction hoax and threat law (2000).
- On Dec. 17, 2002, the City of Oakland,
CA, became the 20th municipality to pass a resolution
barring its employees from cooperating with federal officials who investigate
city residents under the USA Patriot Act, if the request is "in violation
of individuals' civil rights or civil liberties."
Caselaw Developments & News:
- New York appellate panel affirms a jury verdict that
the Port Authority was more than two-thirds responsible for the 1993 terrorist
bombing of the World Trade Center that killed six persons and injured more
than a thousand. Nash
v. Port Auth. of N.Y. & N.J., #129074/93, 2008 N.Y. App. Div.
Lexis 374, 2008 NY Slip Op. 03991 (1st Dept.).
- "Situation of
detainees at Guantánamo Bay, " U.N. Commission on
Human Rights (Feb. 2006).
Military Commissions:
- Supreme Court decision: Hamdan
v. Rumsfeld, #05-184 (Jun. 29, 2006).
- Dept. of Defense Rules for Military
Commissions: Analysis
of Procedural Rules and Comparison with Proposed Legislation and the Uniform
Code of Military Justice (updated Jul. 25, 2006).
- Military
Commissions in the Global War on Terrorism (July 6, 2006).
- Incarceration of suspected terrorists: U.S. Supreme
Court rules that foreign nationals detained in Guantanamo Bay, Cuba, captured
in Afghanistan hostilities, have a right to access to U.S. courts to challenge
the legality of their detention, and that U.S. citizen detained as an "enemy
combatant" for allegedly fighting against the U.S. in Afghanistan,
also had a due process right to access to a "neutral decision maker"
to challenge the factual basis for his detention. In a third case involving
a U.S. citizen detained as an "enemy combatant" on U.S. soil
for alleged involvement in terrorist conspiracy, Court does not reach ultimate
issues because of procedural defects in court filing. Rasul
v. Bush, No. 03-334, 2004 U.S. Lexis 4760; Hamdi
v. Rumsfeld, No. 03-6696, 2004 U.S. Lexis 4761; Rumsfeld
v. Padilla, No. 03-1027, 2004 U.S. Lexis 4759.
- ACLU
suit against the Secret Service: A civil action was filed on behalf
of various organizations and demonstrators, naming the Secret Service and
the Philadelphia Police. It complains that officers and agents violated
the free speech rights of anti-President protesters.
- Complaint in Muslim
Community Assn. v. Ashcroft and Mueller (.pdf format). (lawsuit challenging
the constitutionality of Section 215 of the USA PATRIOT Act, expanding
FBI power to obtain records and other "tangible things" sought
for an ongoing foreign intelligence, counterintelligence, or international
terrorism investigation).
- In
Re: D-J-, Respondent,
23 I&N Dec. 572 (A.G. 2003). (.pdf format). Interim decision #3448.
April 17, 2003 decision of U.S. Attorney General John Ashcroft. He found
that illegal immigrants could be held indefinitely without bond if their
cases present national security concerns. The opinion was requested by
the Homeland Security Department, which now has authority over most immigration
matters, after the Board of Immigration Appeals upheld a judge's decision
to release a Haitian asylum-seeker on $2,500 bond. Ashcroft ordered that
this decision be vacated, and that the asylum-seeker be denied bond and
detained "pending appropriate disposition and proceedings respecting
his status under the immigration laws."
- In
Re: Sealed Case No. 02-001 (Nov. 18, 2002). Federal appellate ruling
overturning a May 2002 Foreign Intelligence Surveillance Court opinion
and holding that the USA Patriot Act provides the government with
much discretion in the use of wiretaps in investigations of terror and
espionage. (.pdf format).
- Cases on Airline Liability for Terrorist Acts, Civil
Suits Against Terrorists and Terrorist Organizations, Foreign Terrorist
Organizations, Pre-Boarding Searches, International Searches and Seizures
and Selective Prosecution:
Link » http://news.findlaw.com/legalnews/us/terrorism/cases/background.html
- NYC postal workers' Complaint against
the Postmaster General, alleging a failure to protect them from anthrax.
Link » http://news.findlaw.com/cnn/docs/usps/smithpttr102901cmp.pdf
- News about "hoax" cases (false reports of terrorist
activity):
Link » http://news.findlaw.com/legalnews/us/terrorism/cases/hoax.html
