Exam 4

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Exam 4
2011-04-26 14:49:58
Chambless Terrorism Law

Exam 4 study guide
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  1. Ex Parte Merryman (1861)
    Chief Justice Taney held that in wartime, the President alone cannot suspend Habeas Corpus rights that Article I specifies Congress alone may do so. Lincoln had suspended Habeas Corpus, ordered hundreds arrested, ordered U.S. military NOT to obey Supreme Court. Later Congress approved Linco|n’s order.
  2. 1866: Ex Parte Milligan (1866) - Held private persons seized by Federal Government agents have a Habeas Corpus right
    to access all American civilian courts IF the civilian courts are open and operating even during a time of war.
  3. 1919: Schenck v. U.S.
    • Justices held 9-0 that First Amendment does NOT allow (non­verbaI symbolic speech) anti­war
    • protests during formally declared war. Supreme Court upholds the 1917 Conscription Act and 1917 Espionage Act. Justice Oliver Wendell Holmes, Jr.: “When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that no court could regard them as protected by any constitutional right.” Protesters are “shouting fire in a dark crowded theatre.” He wrote later: “War opens dangers that do not exist at other times.
  4. 1919: Abrams v. U.S. - 8-1
    • Justices uphold 1917 Espionage Act and 1917 Conscription Act, and ruled 1*' Amendment does
    • NOT protect those who disrupt America’s war effort. Justice Holmes rejected Clear & Present Danger doctrine.
    • Accordingly, U.S. can order U.S. troops into another nation’s civil war (e.g., into Russia). Vietnam? Iraq?
  5. 1927: Whitney v. Califomia
    • - Held 1*’ Amendment does NOT protect membership in groups seeking overthrow of U.S.;
    • Brandeis dissent argues Holmes’ “clear & present danger” test should favor ‘more speech, not enforced silence.”
  6. 1942: Ex Parte Quirin –
    • Justices ruled military tribunals for Nazi German saboteurs who invaded the U.S. were legal, as the Nazis had acted under orders of a dictator (Hitler) during a declared war (WWII). U.S. Constitution cites three legal areas “in time of war or public danger.” Art. I, Sect. 8 grants Congress power to act; 6*” Amendment specifies
    • protections in time of war; Art. Ill & Amendment do not require all offenses reqúire a right to trial by jury.
  7. 1943: Hirabayashi v. U.S.
    • - Justices upheld curfew ordering all persons of Japanese ancestry in an area to be in their
    • residences 8:00 p.m.-6:00 a.m. Plaintiff argued the curfew exceeded WWII war powers & that it was selective racial discrimination. Justices reasoned that “temporary” restrictions were acceptable during a time of war.
  8. 1944: Korematsu v. U.S,
    - Justices ruled that the President, in a time of declared war, can act as Commander-in­Chief to issue an Executive Order to order American citizens detained in military prisons for the duration of the war. Justices upheld detention of <110,000 Japanese-Americans in domestic U.S. internment camps during WWII. Justice Robert Jackson dissented. The U.S. prosecutor at Nuremberg after WWII, Jackson will assert that to approve such action was like leaving behind a “Ioaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need.”
  9. 1951:International Military Tribunal (Nuremberg)
    created by England, Ireland, France, USSR, U.S. [818] with power to try punish those who committed crimes against peace, war crimes, crimes against humanity defined in the Charter.
  10. Duncan v. Kahanamoku
    - Justices struck down use of a military tribunal during a time of “martial law” in Hawaii after 12/7/1941 attack on Pearl Harbor & a fonnal declaration of war sought by President FDR & vote by Congress. Hawaii was under martial law, but civilian courts were open/operating. Duncan was a Navy civilian arrested for fighting, tried, convicted by military tribunal. High Court overtumed his conviction - citing Ex garte Milligan (1866).
  11. In Re Yamashita
    - After WWII, the U.S. military tried one of Japan’s most powerful generals in a military tribunal; the general received a death sentence. On appeal to the U.S. Supreme Court, the Justices chose to limit the range of military tribunals to the area of military operations during a time of war. Gen. Yamashita was executed.
  12. National Security Act
    - Congress established the National Security Council & position of National Security Advisor to advise the President, to create the Central Intelligence Agency [CIA] (to replace Office of Strategic Services), and to rename the War Department the Department of Defense. This was done at the outset of the Cold War.
  13. United Nations Universal Declaration of Human Rights issued
    (12/10) legal standards to protect the accused. (1) presumption of innocence, (2) public trial, (3) right to counsel, (4) confrontation of witnesses, (5) ban on ex post facto laws, (6) freedom of expression, and (7) resistance to undefined crimes.
  14. The Geneva Accords/Conventions (1949 version)
    are ratified by the U.S. Senate. As a ratified treaty, it becomes U.S. law. For example, the Geneva Accords/Conventions do not permit torture - and therefore, U.S. law prohibits torture.
  15. Johnson v. Eisentrager 1950
    - U.S. Supreme Court declared, 5 years after WWII, that U.S. courts did not have jurisdiction over German prisoners-of-war in a U.S. miIitary­controlled prison. The German P0lNs had never lived or been jailed on U.S. controlled land; they had been transported to a U.S. prison from China.
  16. Dennis v. U.S. 1951
    - Amendment does NOT protect speech about communism; subversive talk can bring convictions. Dennis reflects America’s “McCarthy Era” fears of communism.” Yates v. U.S. will limit the legal impact of Dennis.
  17. Uniform Code of Military Justice 1951
    became U.S. law (5/31) six years after WWII & during the Cold War/Korean War. It applies to all members of the military, and to others closely identified. It established standards of conduct.
  18. Youngstown Sheet & Tube Company v. Sawyer
    - Justices held 6-3 a president acting as commander­in-chief lacks Constitutional power to seize American businesses (e.g., steel mills) to prevent strikes during time of war.
  19. _Yates v. U.S.
    – 1st Amendment is broad enough to allow open discussion about doctrines and beliefs viewed as unpopular or a national security threat to the U.S. Yates v. United States effectively neutralizes Dennis v. U.S.
  20. Brandenburg v. Ohio –
    1** Amendment allows political advocacy of unpopular and/or repugnant ideas such as those Expressed by the KKK (America’s first terrorist group). This case effectively ìnvalidates or neutralizing the 1940 Smith (federal) Act as well as all other state “sedition” laws intended to prevent criticism of government officials.
  21. Laird v. Tatum –
    The Army (U.S. Government) can legally collect information on groups/persons seen to be radical.
  22. Q.S. v. U.S. District Court –
    The Fourth Amendment protections are very important when persons are targets of government surveillance because of their personallpolitical beliefs. This case will lead to “speciaI prosecutors.”
  23. 1992: Rowley v. McMillan Cir.)
    - Held unconstitutional a Secret Service attempt to prevent dissident members of the public from entering a gathering at which President Nixon was due to appear. The First Amendment allows the public to attend public gatherings where the President is present.
  24. Foreign Intelligence Surveillance Act 1978
    passed by Congress to conduct “foreign intelligence surveillance” and created a special court (FISC) of sitting district judged designated by the Chief Justice to review applications for surveillance of foreign agents.
  25. U.S. v. Franklin Cir.) –
    Fed. Govt. can prosecute a local crime if it impacts the nation - e.g., a “hate crime.” Franklin bragged how he had shot 2 black men jogging in public with 2 white women in Salt Lake City.
  26. Omnibus Diplomatic Security and Antiterrorism Act 1986
    sets penalties for murder or manslaughter for anyone who “kills a national of the U.S.” while that person is outside the U.S.
  27. U.5. v. Cavanaugh Cir.
    ) = Held FISA designation of judges is not unconstitutional even though they serve limited terms because they are still Article lll judges and serve an Article lll (U.S. Constitutional) purpose.
  28. U.S. v. Yunis (D.C. Cir.)
    In 1985 Yunis skyjacked a Jordan airliner, freed passengers, blew up the plane; int’I law does not stop U.S. from claiming jurisdiction for a murder of a U.S. national by a foreign national in a foreign country. 1“ time U.S. prosecuted an incident of int’l terrorism. Yunis was the leader & admitted his role. Convicted of conspiracy, air piracy, 8» hostage-taking.
  29. Luhan v. Defenders of Wildlife
    - A citizen watchdog group usually does NOT have “standing’ to sue the Federal Government just because it disagrees with certain government actions.
  30. U.S. v. Alvarez­Machain 1992–
    U.S. Government agents abducted a man suspected of the brutal torture/murder of a DEA agent in Mexico after the Mexican Government ignored U.S. extradition requests; U.S. Supreme Court ruled a forcible abduction is legal if no treaty restrictions exist between the United States and the other nation.
  31. World Trade Center in NYC attacked 1993
    (February - 4 killed & 1,000+ injured. Ramzi Yousef and Khalid Sheik Mohammed would eventually be arrested for this crime. years later, both towers will be struck by planes piloted by terrorists, and that incident will impact U.S. law and politics immeasurably.
  32. CIA begins Rendition Program 1995
    (1) to isolate suspected terrorists & (2) to seize materials. Done after evidence uncovered that terrorists planned to blow up 12 airliners over Pacific Ocean & tly a fully-fueled jet into the CIA.
  33. Anti-Terrorism & Effective Death Penalty Act (AEDPA) 1996
    created offenses of “material support’ for terrorists or for terrorist organizations; there are apparent First Amendment concems involving treason and conspiracy.
  34. U.S. v. Yousef (S.D.N.Y.) 1996
    • - ln 1993 Yousef was mastermind of WTC bombing, arrested in Pakistan, convicted of plan to blow up 10 U.S. airliners & kill 4,000. Yousef is now in isolation in prison (Florence, Colorado).
    • 1996 War Crimes Act Congress passed and President Bill Clinton had signed this federal law which declared that a “grave breaciiof the 1'949 éeneva Conventions” constituted “a war crime.” Civil war in Yugoslavia had just ended. This federal law applied to all Americans - regardless whether they were in the military or private citizens. The Geneva Conventions defines a “war crime” to be “willful killing, torture or inhumane treatment, including biological experiments, willfully causing great suffering, or serious injury to body or health.
  35. U.S. Noriega (11*" Cir.) 1997
    - In Dec. 1989 U.S. invaded Panama and seized Gen. Noriega who had been indicted in U.S. Federal Court. on drug trafficking charges; he had declared war existed between Panama & Manuel Noriega was tried, convicted, and imprisoned in U.S. federal prisons. (He had received $$$$ Secretly from the CIA.)
  36. U.S. v. Rezag (D.C. Cir.)1998
    - In 1985 Rezaq hijacked an Egyptian airliner and killed two passengers; he was captured and served 7 yrs in prison, and then was tried and convicted in the U.S. for air piracy - and was imprisoned. The 6th Amendment’s Confrontation Clause 8» 5*" Amdt Due Process Clause require a defendant not be tried in absentia.
  37. U.S. v. Salameh (2d Cir.) 1998
    - involved 4 of 6 “active” participants in the 2/26/1008 WTC bombing (4 die; <1,000 hurt). Federal trial in NYC was 4 months. Fed. Govt. gets 4 convictions for 4 of the 6 1993 WTC bombers. Yousef fled. Salameh had rented van & storage facility, arrested at the rental agency seeking a refund of his rental deposit.
  38. 1998 U.S. Embassies in Kenya & Tanzania destroyed (8/7) by car bombs.
    Date is exactly 7 years after U.S. forces land in Saudi Arabia to combat invading Iraqi troops. Osama bin Ladin will see such action as anti­musIim.
  39. 1999 U.S v, _Rahman (2d Cir.)
    Fed. Govt. gets convictions (“seditious conspiracy and plots for “urban terrorism” for Sheik Rahman 9 conspirators for plans to blow up tunnels & bridges in NYC area.
  40. U.S. v. bin Laden (S.D.N.Y.) 2000
    - bin Laden others indicted for 1998 bombings of U.S. Embassies in Kenya and Tanzania; bin Laden not capturedltried. Others pled guilty, offered varying cooperation, and received varying sentences. Federal charges still pending against bin Laden.
  41. U.S. v. El-Hage (2d Cir.) 2000
    convictions of conspiracy in regard to the kenya/tanzania bombings
  42. Congress approved (9/18) S.J. Resolution 23 - Authorization for Use of Military Force (AUMF)
    • - one week after 9/11. President Bush had declared a “nationaI emergency.” The AUMF declared that Congress had granted the President authority to use all “necessary and appropriate force” against all persons he identified to be “terrorists” who had “pIanned, authorized, committed or aided” in the 9/11/2001 attacks in NYC & D.C. Resolution 23 is not an Act.
    • passed by Congress & signed by President Bush (10/26) in order to combat threat of terrorism. “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” = the acronym created in an attempt to consolidate American public opinion & discourage critics of the federal law. It greatly increased govemment law enforcement powers to support national security, weakened civil liberties In 2005, after 4 years, certain sections required re-authorization; a few violations of civil liberties were removed. Law enforcement agencies at all levels were given unprecedented statutory powers to do the following actions...
    • (1) To search telephone records both personal and business, international and domestic (2) To search e-mail correspondence - both personal and business, intemational and domestic (3) To examine a person’s medical, financial & banking records - personal and business (4) To search a person’s home or business without the permission/knowledge of the owner or occupant (5) To expand “national security letters” to permit the FBI to do searches without a court order/warrant (6) To detain & deport individuals suspected of being involved in terrorist-related activities (7) To expand the legal definitions of domestic terrorism in order to extend the powers of state & local police (8) To increase powers of the Sec. of Treasury to regulation financial transactions - international 8. domestic
    • Zadgdas v. Davis
    • Held an alien subject to a removal deportation order but with nowhere to go be kept in detention & is entitled by due process to a hearing to determine whether removal was possible.
  43. Bybee-Yoo Memorandum (8/1)
    [“Standards of Conduct for lnterrogation”] reasons torture consists of “severe” or “extreme” infliction of pain. Victim must experience intense pain or suffering of the kind that is equivalent to the pain that would be associated with serious physical injury so severe that death, organ failure, or permanent damage...” Bush administration greatly accelerates the policy of “extraordinary rendition.” Policy remains secret until 2006.
  44. Jan 2002 Guantanamo Bay, Cuba, is opened
    a prison site operated by U.S. military to hold suspected terrorists labeled as “enemy combatants” in close proximity to the U.S. where they might be transported to federal court locations.
  45. U.S. v. Lindh (E.D. VA) - John Walker Lindh
    was 1“ person tried for terrorism after 9/11. Conviction won as suspect said he was “personnel” & he “willfully & unlawfully” received “training”+ he tried to supply services to the Taliban.
  46. Hamdi v. Rumsfeld 2004
    Justices rule 8-1 that all U.S. citizens in custody on U.S. soil have habeas corpus rights. Those detained as “enemy combatants” must have a “meaningful opportunity” to challenge reasons for detention. Justice 0’Connor declares no government has “a blank check” to detain U.S. citizens without habeas corpus rights. Justice Thomas is the lone dissent reasoning that the President acting as commander-in-chief must be trusted.
  47. Intelligence Reform Act (12/17 2004
    created Dir. of Nat. Intelligence (DNI) to coordinate intelligence gathering with all related govemment agencies (e.g., FBI).
  48. Rasul v. Bush 2004
    - Justices ruled 6-3 that Guantanamo Bay, Cuba, was within U.S. jurisdiction & subject to U.S. law; Detainees are entitled to some form of (unspecified) “due process” in U.S. courts (but Justices do not specify). Justices impact that Congress might pass an Act that allows detainees to have access to the federal courts.
  49. U.S. v. Afshari 9th Cir.) 2004
    - The Fed. Govt. must prove specific intent to further violent illegal activities of the organization not just that the defendants knew some details of wrongdoing.
  50. Detainee Treatment Act –2005
    It was passed by Congress as part of the 2006 Dept. of Defense Appropriations Act. President Bush signed the Act (12/30) during holidays. Its purpose was to prohibit inhumane abuse of prisoners. It declared U.S./federal courts do not have jurisdiction to hear habeas corpus appeals from “enemy combatants.” The DTA also declares that all those held at Guantanamo cannot have their claims heard in U.S. federal courts.
  51. NSA Surveillance Program2005
    revealed by New York Times [12/16/2005]. Bush administration had authorized NSA monitor electronic communications without seeking FISA court approval - including communications where part was in U.S. George W. Bush declares the President has “inherent” power to protect the U.S. against terrorism.
  52. U.5. v. al-Timimi Ali 2005
    was an Islamic leader tried/convicted in Alexandria, VA of supporting terrorism. He was convicted on all 10 counts of conspiracy to aid Taliban terrorists. He claimed total innocence throughout. He claimed he did not get a fair trial because prosecutors secretly used NSA wiretaps in his case, argued the U.S had turned over to the judge only intercepted conversations making him look guilty & withheld favorable wiretaps. The DOJ never admitted that it used secret wiretaps in which al­Timimi was speaking with his lawyers.
  53. Arar v. Ashcroft (E.D.N.Y.) 2006
    - Canadian (Syrian-born) citizen seized in U.S. tortured in Syria for a year; Canada’s government apologized/paid $10.5 M in damages. Arar sued the U.S. Government but U.S. courts dismissed claims.
  54. Military Commissions Act 2006
    - passed barely by Congress 3 weeks before mid­term election after pressure from Bush White House, it was intended to circumvent the Supreme Court’s ruling in Hamdan v. Rumsfeld (2006). Republican Congress declares that it has given its Article I power to imprison “enemy combatants” to the commander­in­chief, Congress declares that it has the Constitutional power to deny Guantanamo detainees a right to habeas corpus. Republicans lost 29 House seats & 5 Senate seats 3 weeks later. DTA held illegal in Boumediene v. Bush (2008).
  55. El-Masri v. Tenet 2006
    - German citizen sued CIA Dir. for seizure in Mascedonia & “rendition”/torture in Afghanistan;Bush DOJ argued classified info requested by plaintiff for defense would violate nat. sec. if heard or seen in a trial; both U.S. Dist. CT & CT of Appeals agreed & dismissed El-Masri’s lawsuit.
  56. Hamdan v. Rumsfeld 2006
    - Justices ruled 5-3 (Roberts not voting) that President Bush’s post-9/11/2001 presidential policy of detaining without trial persons deemed “enemy combatants” at Guantanamo Bay, Cuba, without asking Congress to agree violated the Constitution’s basic separation of powers between Article I & Article ll. Justices held the president was obligated to honor U.S. treaty commitments under the 1949 Geneva ßonventions. Bush White House cited 2001 AUFM as legal justification for executive branch military tribunals at Guantanamo. However, the U.S. Supreme Court ruled that the 2005 Detainee Treatment Act violated U.S. intemational laws.
  57. Executive Qrder 13440 (interpretation of Geneva Conventions)
    signed by President Bush (7/20/2007) - authorizes CIA detention & interrogation of suspected terrorists or “an alien detainee who could assist in detecting, mitigating, or preventing terrorist attacks.”
  58. Foreign Sovereign Immunity Act (FSIA) 1976/2007
    withholds sovereign immunity for acts committed by designated terrorist states and for torts committed within the U.S.
  59. U.S. v. Libby 2007
    - In 2003, Valerie Plame Wilson was a CIA agent working to find weapons of mass destruction (WMDs) when her secret identity was revealed to the press by I. “Scooter” Libby chief of staff to VP Dick Cheney. Cheney criticized a NYT’s column by Joe Wilson (former U.S. Ambassador to Iraq & PIame’s husband) who questionel the Bush White House claim that invasion of Iraq was justified because Saddam Hussein had WMDs. Disclosure of a CIA’s secret identity violates a 1982 Act of Congress. Libby was indicted by a federal grand jury on 5 felony counts of making false statements to federal investigators, perjury for lying to a federal grand jury, and objection of justice for hindering a federal grand jury investigating the disclosure of a ClA’s secret identification. Libby testified in that VP Cheney & other White House “superiors” had “authorized” him to disclose Plame’s identity. On March 6, 2007 Libby was convicted on 4 counts of perjury, obstruction of justice, making false statements. Libby was sentence« to in federal prison & fined $250,000. 0n July 2, 2007 President Bush granted Executive Clemency (commutedl Libby’s sentence (removing the prison term). But Libby’s fine 8» loss of his license to practice law remained in effec Arguably, White House politics had impacted CIA & the Bush administration’s role in “war on terror” immeasurably.
  60. U.S. v. - Ali Hamza al-Bahlu 2008
    l was tried and convicted by a military commission after 6 years in at Guantanamo. was convicted (11/3) of conspiracy, terrorism, giving material support for terrorism, attacking material objects & solicitation to commit murder. He had no defense as he told his lawyer to stay silent during the weeklong trial. He declared he did not accept the authority of the military tribunal, that he was a close aide to Osama bin Laden. He had made a recruiting film (“The Destruction of the American Destroyer U.S.S. CoIe”) describing the 10/12/2000 attack that killed 17 sailors in the port of Aden in his home country of Yemen.
  61. al-Marri v. Pucciarelli Cir., Richmond, VA 2008
    ) - Judges ruled 5-4 the President has legal power to order indefinite military detentions of civilians seized in U.S., but detainees must have opportunity to challenge detention in court. He (Qatar citizen) was arrested 12/12/2001 in Peoria, lll. charged with credit-card fraud lying to federal agents; In 2003, he was moved to a military prison in Charleston, SC; Navy Commander John Pucciarelli was in charge. is only person on U.S. soil known held as an “enemy combatant” & case is on appeal to U.S. Supreme Ct.
  62. Al-Quatanit v. U.S. 2008
    - Detainee Mohammed al-Qahtani has been kept at Guantanamo for <6 years, has been called the hijacker” in the September 1 1'“, 2001 terror plot. Earlier charges were dropped with no reason given. A Saudi, he was denied entry (August 2001) into U.S. at the Orlando, Florida airport. He was later arrested. At Guantanamo he experienced sleep deprivation, forced nudity & dancing, temperature extremes, dog commands.
  63. Boumediene v. Bush 2008
    - U.S. Constitution guarantees right of habeas corpus to all under U.S. law - e.g., prisoners. Justices (5-4) invalidated 2006 military Commission Act denying Guantanamo detainees habeas corpus rights. All detainees in U.S. prisoners have a legal/Constitutional right to challenge their detentions in federal courts. The majority opinion declared: “he costs of delay can no longer be bome by those who are held in custody.”
  64. FISA Amendments Act (to 1978 FISA Act) 2008
    - Congress approves a new surveillance law giving U.S. Govemment nearly unchecked power to spy on phones callsle-mails of Americans. Supposedly only targets people outside U.S. The federal law allows the Foreign Intelligence Surveillance Court to review only general procedures for spying rather than individual warrants. The FISA court/judges will not be told specifics about who will be wiretapped. Since 1995, U.S. Govt has monitored all telephone calls to/from the U.S. Now all call records will be stored/saved.
  65. Hamdan v. U.S. 2008
    Salim Hamdan (Yemen citizen) found guilty (8/6) by a U.S. military commission at Guantanamo of providing material support for terrorism & sentenced to 5/2 yrs in prison; returned to Yemen & released in 12/2008. Hamdan was Osama bin Laden’s driver, the 1st detainee tried at Guantanamo & 1st person since WWII to face an American war crimes trial.
  66. 11/4: Sheik Abu 0mar’s trial 2009
    in Italy results in 23 felony convictions for his “rendition”lkidnapping and torture. 21 Americans with CIA links are convicted although they did not attend the trial, however, they can be arrested if they return to a nation which belongs to the European Union (EU) and extradited to Italy for trial. Italy, an ally of the U.S. since WWII, is extremely critical of Bush administration tactics since 9/11/2001 outside the United States.
  67. 1 1/9: Dr. Nidal Malik Hasan2009
    formally charged for shooting deaths of 13 men and women wounding 29 others at Ft. Hood, Texas 11/3. The U.S.-bom Muslim-American will be tried in a military court rather than a civilian court. U.S. v. Hasan (2009) involves a U.S.-born Muslim-American who survived 4 bullet wounds and may be paralyzed. He will be tried under the rules of the Unified Code of Military Justice (UCMJ) because he is a military officer who was seen shooting victims on the U.S. Army base near Killeen, Texas. An intensive investigation is on-going.
  68. 11/23: United States v. Ghailani 2009
    will proceed in a civilian court in New York City. Ghailani is charged with being an terrorist. In 2004 he was captured in Pakistan, held in CIA secret prisons, and then moved to Guantanaml Bay, Cuba. He has been held in U.S. custody for 5 years without a trial. He claims, through his American lawyers, that he is innocent, been denied access to a fair trial, and been tortured by members of the U.S. military and CIA. He is in his mid-30s. His lawyers want a civilian trial and not a military tribunal closed to the press and public.
  69. 11/25: United States v. Khalid Sheik Mohammed et al 2009
    . Attorney General Eric Holder announces that the Obama Administration will prosecute the suspected architect of the 9/11/2001 terrorist attacks four others. KSM has indicated that he wants a civilian trial where he can express his viewpoints, be found guilty, and be executed. KSM is the uncle of Ramzi Yousef. Republicans in Congress, and potential Republican candidates for President, criticize the Obama White House and Department of Justice (DOJ) decision to close the Guantanamo Bay, Cuba prison and move approximately 100 prisoners to prisons within the United States - and criticize the decision to prosecute suspected terrorists in U.S. civilian courts in New York City (site of the World Trade Center attacks)
  70. 12/25: U.S. v. Umar Farouk Abdulmutallab. 2009
    On Christmas day, the 23-year-old defendant from a wealthy family in Nigeria was arrested at the Detroit airport following an attempted suicide bombing of a commercial passenger jet with a power explosive in his underwear. Abdulmutallab was charged with 6 criminal counts - including the attempted use of a weapon of mass destruction, and attempted murder of the 289 other people on NW Hight 253. The defendant had spent 20 minutes in the plane’s lavatory, retumed to his seat, covered himself with a blanket. Passengers heard “popping” sounds and saw flames coming from the suspect’s clothes; they put out the flames. Abdulmutallab suffered bums, but there was no explosion from the PETN explosive powder in his underwear. He had intentionally selected seat 19A - located above the plane’s fuel tanks and wing. The Department of Justice cited this action as an apparent pre-meditated act, with the goal being to be a suicide bomber on a U.S. airplane.
  71. 1/6: American terrorist James W. Von Brunn 2010
    age 88, died while awaiting trial. Von Brunn had ties to American neo-Nazi groups. On June 10, 2009, he double-parked his car and dashed into the U.S. Holocaust Memorial Museurr and past a security check-point. When confronted quickly by a museum guard, the intruder shotlkilled the officer before two other guards shot Von Brunn. This could be a “suicide by cop” incident as Von Brunn was in debt and had health problems. The U.S. Holocaust Museum gets daily threats from anti­semetic individuals and groups.
  72. 1/7: v. Adis Medun'|anin. 2010
    The defendant attempted a suicide attack in NYC by crashing his car on the crowded Whitestone Bridge. He is later indicted on federal felony charges on July 1, 2010.
  73. 2/18: American Andrew Joseph Stack Ill 2010
    flew his small airplane into the @S building in Austin, Texas killing himself and one other person injuring many more in a calculated suicidal act of terrorism. Stack had left a long note explaining his many grievances against the U.S. Federal Govemment and politicians corporations (e.g., General Motors, Enron and Arthur Andersen), big banks and labor unions, drug and health care insurance companies, and the Catholic Church.
  74. 3/28: U.S. v. Hutaree Militia.
    Nine members of the Hutaree militia are indicted in an alleged plot to kill a policeman and then bomb his funeral caravan. The group planned to seize several rural counties in SE Michigan and use the area to ambush law enforcement officers. On April 1“ all nine plead “not guilty.” Their lawyers claim they are young men who were simply bragging - that this was not a serious terrorist threat. Their trial date has not yet been set.
  75. May 2010: U.S. v. Rockwood.
    Paul Rockwood and his wife Nancy from King Salmon, Alaska compiled a list of 20 targets, including members of the military and media and had moved to the operational phase of their plan, plead guilty to lying to FBI about the list and making false statements to the FBI. Under a plea agreement, the husband will serve eight years in prison and three years probation while his pregnant wife will serve probation. Their criminal motive was revenge for alleged desecration of the Islamic faith.
  76. 9/1/2010: U.S. v. _Jamie Lee.
    American Jamie Lee entered the headquarters of the Discovery Channel in the Washington, D.C. suburb of Silver Spring, Maryland, wearing explosives and carrying a gun. Lee took hostages. He declared that he was protesting the Discovery Channel’s "anti environmentaI" message and its television programming that encouraged the birth of human beings - babies he called “filthy.” Lee was arrested with no hostages harmed.
  77. 9/20: U.S. Sami Samir Hassoun.
    The 22-year-old defendant, a Lebanese citizen living in ¢hicago, was charged with one count each of attempted use of a weapon of mass destruction and attempted use of an explosive device after placing a backpack with what he thought was a bomb near Wrigley Field (where the Chicago Cubs play their home baseball games). A FBI informant exposed this plot after Hassoun had discussed various ideas for mass destruction attacks with the undercover agent.
  78. 10/4: U.S. v. Faisal Shahzad.2010
    Faisal Shahzad was sentenced to life in prison after pleading guilty to a 10­count indictment in June 2010. His life sentence was based on conspiracy to use a weapon of mass destruction and an attempted act of terrorism. Shahzad said that “the defeat of the U.S. is imminent” and that “we will keep on terrorizing you until you leave our lands.” Shahzad planned on detonating a second bomb in Times Square two weeks later.
  79. 1 0/27: U.S. v. Farogue Ahmed.
    The defendant, a 34-year-old naturalized U.S. citizen, was indicted for conspiracy to bomb four Metro stations in Washington, D.C. with people he thought were terrorists. They were FBI informants.
  80. 1 1/16: U.S. v. Viçktor Bout.
    U.S. undercover agents, working with Thai police, arrested the Russian businessman in Bangkok. Bout, who speaks six languages, is suspected of being the world’s #1 intemational arms trafficker. He is being kept in a high security secret location. Bout pleaded “not guilty” to providing many sophisticated weapons to guerrilla forces and warring factions throughout the world since the end of the Gold War. The U.S. Government had been seeking his arrest for many years.
  81. 1 1/26: U.S. v. Mohamed Osman Mohamud.
    The defendant is a 19-year-old Somali-American who had attempted to explode a car bomb by remote control at a Christmas tree lighting ceremony in Portland, Oregon, with the hope that there would be many deaths. The device did not explode because FBI agents had provided the suspect with a fake bomb. His lawyers have asserted that Mohamud was the victim of an illegal federal entrapment.