Law 790 (37298)

Counterterrorism and the Law

Syracuse University College of Law
Teaching Professor William C. Snyder
Spring 2020

 

Class Cancelled, Wednesday, 1/29/2020

Jump to: Lesson 4 for Monday, 1/27/2020.

Course Description:

This three-credit course is about the law and legal policy used to counter terrorism, not about its history, ideology, or grand strategies.  As one of the creators of this course (Professor Emeritus William Banks) explains, the course is designed to help you "reflect intensively on how to protect national security under the rule of law; whether civil rights and civil liberties must be traded for security, and, if so, how much; and what roles each of the three branches of government should play in making these decisions and trade-offs."  Special attention will be paid to the dynamic quality of counterterrorism law – that is, most classes will begin with a review of developments since last we met.  Included specific topics can be found in the Assignments section, below.  There are no prerequisites for enrollment.

Required Reading:

Please see "About" page.

Assignments:

The reading assignments are not long.  Yet, the material is fairly challenging, and we may not be able to keep the pace outlined here. Thus, these assignments are subject to change. If the class as a group is not comfortable with its understanding of a section, we will spend extra time upon it.

Unless otherwise indicated, assigned pages are from Abrams, Anti-Terrorism and Criminal Enforcement, 5th Ed. (West Academic Publishing 2018; ISBN 9781683288657).

 

Lesson

Topic

Assignment

 

Part I. Introduction

1
1/13/2020

Defining Terrorism and Counterterrorism

HANDOUT

2
1/15/2020

U.S. National Strategy

HANDOUT

 

Part II. Detaining Terrorist Suspects

3
1/22/2020

  1. a. Detention in Military Custody

Ch. 10, pp. 725-757

4

  1. b. Detention in Military Custody

pp. 757-791

5

  1. c. Detention in Military Custody

 

6

  1. d. Material Witness Detention

Ch. 8

7

  1. e. Immigration Detention

Ch. 8.C.

 

Part III. Choice Between Criminal Prosecution in the Federal Courts or Military Commission Trials

8

  1. a. Using the Military in Domestic Law Enforcement

Ch. 13

9

  1. b. Military Commissions and the Choice Between Criminal Prosecution in the Federal Courts or Military Commission Trials

Ch. 11

10

  1. c. Military Commissions and the Choice Between Criminal Prosecution in the Federal Courts or Military Commission Trials (Cont.)

 

11

  1. d. Military Commissions and the Choice Between Criminal Prosecution in the Federal Courts or Military Commission Trials (Cont.)

 

 

Part IV. Counterterrorism Offenses

12

  1. a. Selected Terrorism Statutes

Ch. 2.F.

13

  1. b. The Material Support Offenses: 18 U.S.C. § 2339A, § 2339B

Ch.3

14

  1. c. The Material Support Offenses: 18 U.S.C. § 2339A, § 2339B (Cont.)

Ch.3

15

  1. d. The Material Support Offenses: 18 U.S.C. § 2339A, § 2339B (Cont.)

Ch.3.

 

Part V. Electronic Surveillance

16

 

Ch.5

17

 

Ch.5

18

 

Ch.5

19

 

Ch.5

 

Part VI. Searches and Administrative Subpoenas

20

 

Ch. 6

21

 

Ch. 6

22

Attorney General Guidelines for FBI Domestic Operations

Ch. 2.C

Part V. Interrogating Terrorist Suspects

23

 

Ch.7

24

 

CH.7

25

 

Ch.7

Classified Information in Civilian Terrorism Trials.

26

 

Ch.9

 27

 

Ch.9

 

Suing Terrorists and Their Sponsors

28

 

 

TBD

EXAM – in class, closed book with statutory supplement.

 

     

 

 

[old 2018 syllabus]

[old 2015 syllabus]

Updated 29-Jan-2020 14:18

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