Introduction: The subtle tools -- Ground Zero -- The Patriot Act -- Homeland -- President Trump and the subtle tools -- The Muslim ban -- Crisis at the border -- The killing of General Soleimani -- The Black Lives Matter protests : militarizing the home front -- The 2020 elections -- Conclusion: Biden's Ground Zero.
In January 2002, the first detainees of the War on Terror disembarked in Guantánamo Bay, dazed, bewildered, and--more often than not--alarmingly thin. With little advance notice, the military's preparations for this group of predominantly unimportant ne'er-do-wells were hastily thrown together, but as Karen Greenberg shows, a number of capable and honorable Marine officers tried to create a humane and just detention center. Greenberg, a leading expert on the Bush Administration's policies on terrorism, tells the story of the first one hundred days of Guantánamo through a group of career officers who tried--and ultimately failed--to stymie the Pentagon's desire to implement harsh new policies and bypass the Geneva Conventions. The latter ultimately won out, replacing transparency with secrecy, military protocol with violations of basic operation procedures, and humane and legal detainee treatment with harsh interrogation methods and torture--patterns of power that would come to dominate the Bush administration's overall strategy.--From publisher description
Introduction : the rule of law finds its golem : judicial torture then and now / Karen J. Greenberg -- Torture : the road to Abu Ghraib and beyond : panel discussion with Burt Neuborne, Dana Priest, Anthony Lewis, Joshua Dratel, Major Michael (Dan) Mori, and Stephen Gillers -- section 1: Democracy, terror, and torture. Liberalism, torture, and the ticking bomb / David Luban -- How to interrogate terrorists / Heather MacDonald -- Torture : thinking about the unthinkable / Andrew C. McCarthy -- The curious debate / Joshua Dratel -- Is defiance of law a proof of success? : magical thinking in the war on terror / Stephen Holmes -- Through a mirror, darkly: applying the Geneva Conventions to "a new kind of warfare" / Scott Horton -- Speaking law to power : lawyers and torture / Richard B. Bilder and Detlev F. Vagts -- Torture : an interreligious debate / Joyce S. Dubensky and Rachel Lavery -- section 2: On the matter of failed states, the Geneva Conventions, and international law. Unwise counsel: the war on terrorism and the criminal mistreatment of detainees in U.S. custody / David W. Bowker -- Rethinking the Geneva Conventions / Lee A. Casey and David B. Rivkin, Jr. -- If Afghanistan has failed, then Afghanistan is dead : "failed states" and the inappropriate substitution of legal conclusion for political description / David D. Caron -- War not crime / William H. Taft IV -- section 3: On torture. Legal ethics and other perspectives / Jeffrey K. Shapiro -- Legal ethics : a debate / Stephen Gillers -- The lawyers know sin : complicity in torture / Christopher Kutz -- Renouncing torture / Michael C. Dorf -- Reconciling torture with democracy / Deborah Pearlstein -- Great nations and torture / M. Cherif Bassiouni -- Section 4: Looking forward. Litigating against torture : the German criminal prosecution / Michael Ratner and Peter Weiss -- Ugly Americans / Noah Feldman -- Relevant documents. 1: Taft-Haynes March 22, 2002 memo re: President's decision about applicability of Geneva Conventions to al Qaeda and Taliban / William Taft IV to William Haynes, March 22, 2002 -- 2: Bybee-Gonzales August 1, 2002 memo re: Standards of conduct for interrogation, aka the "Torture memo" / Jay Bybee to Alberto Gonzales, August 1, 2002 -- 3: Levin-Comey December 30, 2004 memo re: legal standards applicable under 18 U.S.C. Sec. 2340-2340A / Daniel Levin to James B. Comey, December 30, 2004 -- JAG memos re: recommendations of the Working Group to assess the legal, policy, and operational issues relating to interrogation of detainees held by the U.S. Armed Forces in the war on terrorism, February-March 2003 / Jack Rives, Major General USAF memo, February 5, 2003 ; Jack Rives memo, February 6, 2003 ; Michael Lohr memo for the GCAF, February 6, 2003 ; Kevin Sandkuhler memo, February 27, 2003 ; Thomas Romig memo for GCAF, March 3, 2003 ; Lohr comments on March 6 report, March 13, 2003 (incorrectly dated 2002) -- Afterthought: To the American people: report upon the illegal practices of the United States Department of Justice / Zechariah Chafee, Felix Frankfurter, Ernst Freund, Roscoe Pound, et al., May 1920.
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President Donald Trump's Hobbesian worldview is pushing U.S. national security policies to harsher, meaner places, according to Fordham University's Karen J. Greenberg.
ISIS and other international terrorist organizations rely on the Internet to disseminate their extremist rhetoric and to recruit people to their cause, particularly through popular online social media applications. Any meaningful counterterrorism strategy must, therefore, account for the ways in which terrorist organizations use the Internet to prey on young, manipulable minds who are drawn to radical ideas and propaganda and to the desire to serve a cause larger than themselves. This article outlines the ways in which extremist organizations use the Internet to ensnare new recruits, analyzes the implications of cyber-recruitment on existing counterterrorism techniques, and suggests ways in which the U.S. government can work with Internet service providers and other major cyber corporations to better address this growing threat.