Term
|
Definition
| 1861: Chief Justice Taney held that in wartime, the President alone cannot suspend Habeas Corpus Rights- Art 1 says that only congress can do that. Lincoln did this and ordered the US Military to not obey the Supreme Court. |
|
|
Term
|
Definition
| 1866: Held private persons seized by Federal Government agents have a Habeas Corpus right to access all American civillian courts IF the civillian courts are open and operating - even during wartime. |
|
|
Term
|
Definition
| 1919: Justices held 9-0 that First Amendment does NOT allow (non-verbal symbolic speech) anti-war protests during formally declared war. Supreme Court upholds the 1917 Conscription Act and 1917 Espionage Act. |
|
|
Term
|
Definition
| 1919: 8-1 Justices uphold 1917 Espionage and Conscription Act, ruled 1st amndt does not protect those who disrupt America's war effort. Justice Holmes rejected Clear & Present Danger Doctrine. US can order troops in to another nation's civil war. |
|
|
Term
|
Definition
| 1927: Held 1st Amndt does NOT protect membership in groups seeking to overthrow the US; Brandeis CONCURRENCE Clear and present danger should be more speech not enforced silence. |
|
|
Term
|
Definition
| 1942: Justices ruled Military tribunals for Nazi German saboteurs who invaded the US were legal, as Nazis had acted under orders of a dictator (Hitler) during a declared war WWII. US constitution cites three legal areas "in time of war or public danger." Art. I, Sect. 8 grants congress power to act; 6th Amndt specifies protections in time of war; Art. III & 5th amndt do not require all offenses to have trial by jury. |
|
|
Term
|
Definition
| 1943: Justices upheld curfew ordering all persons of Japanese ancestry in an area to be in their residences from 8pm-6am. Plantiff 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. |
|
|
Term
|
Definition
| 1944: Justices ruled that President/Commander in Chief could issue executive order to inter Japanese in camps. Justice Robert Jackson dissented and eventually prosecuted the Nuremburg trials. 110,000ish in internment camps. |
|
|
Term
|
Definition
| 1946: Justices struck down use of a military tribunal during a time of martial law in Hawaii after Pearl Harbor but before Declared War. Duncan was a Navy Civillian arrested for fighting, tried, convicted by a military tribunal. Cite Ex parte Milligan. |
|
|
Term
|
Definition
| 1946: After WWII, the US military tried one of Japan's most powerful generals in a military tribunal; the general received a death sentence. On appeal to the US Supreme Court, the Justices chose to limit the range of military tribunals to the area of military operations during a time of war. The general was executed. |
|
|
Term
|
Definition
| 1950: US Supreme Court declared, 5 years after WWII, that US courts did not have jurisdiction over German prisoners-of-war in a US military-controlled prison. The German POWs had never lived or been jailed on US controlled land; they had been transported to a US prison from China. |
|
|
Term
|
Definition
| 1st Amndt does not protect speech about communism; subversice talk can bring convictions. This case reflects "McCarthy Ear" communist paranoia. Yates v. US limits this case. |
|
|
Term
| Youngstown Sheet & Tube Company v. Sawyer |
|
Definition
| Justices held 6-3 a president acting as commander-in-chief lacks Constitutional power to seize American businesses to prvent strikes during time of war. |
|
|
Term
|
Definition
| 1969: 1st amndt allows political advocacy of unpopular and/or repugnant ideas suc has those Expressed by the KKK (America's first terrorist group). This case effectively invalidates or neutralizing the 1940 Smith Act as well as all other state "sedition" laws intended to prevent criticism of government officials. |
|
|
Term
|
Definition
| 1972: the Amry (US government) can legally collect information on groups/persons seen to be radical. |
|
|
Term
|
Definition
| 1972: The 4th Amndt protections are very important when persons are targets of government surveillance because of their personal/political beliefs. This case will lead to "special prosecutors" |
|
|
Term
| Rowley v. McMillan (4th Cir.) |
|
Definition
| 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 1st amndt allows the public to attend public gatherings where the president is present. |
|
|
Term
| US v. Franklin (10th Cir.) |
|
Definition
| 1983: Fed. Govt. can prosecute a local crime it it impacts the nation. A "hate crime." A man had bragged how he had shot 2 black men jogging in public with 2 white women in Salt Lake City. |
|
|
Term
| US v. Cavanaugh (9th Circuit) |
|
Definition
| Held FISA designation of judges in not unconstitutional even though they serve limited terms because they are still Art. III judges and serves an Art. III purpose. |
|
|
Term
| U.S. v. Yunis (D.C. Circuit) |
|
Definition
| In 1985 the defendant skyjacked a Jordan airliner, freed passengers, blew up the plane; int'l 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. 1st time U.S. prosecuted an incident of int'l terrorism. The defendant was the leader & admitted his role. Convicted of conspiracy, air piracy, & hostage-taking. |
|
|
Term
| Luhan v. Defender of Wildlife |
|
Definition
| A citizen watchdog group usually does not have "standing" to sue the federal Government just because it disagrees with certain government actions. |
|
|
Term
|
Definition
| 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. |
|
|
Term
|
Definition
| In 1993 the defendant was mastermind of WTC bombing, arrested in Pakistan, convicted of plan to blow up 10 U.S. airliners & kill 4,000. The defendant is now in isolation in "Super-Max" prison (Florence, Colorado). |
|
|
Term
| U.S. v. Noriega (11th Circuit) |
|
Definition
| In Dec. 1989 U.S. invaded Panama and seized a general who had been indicted in U.S. Federal Court on drug trafficking charges; he had declared war existed between Panama & U.S. Manuel Noriega was tried, convicted, and imprisoned in U.S. federal prisons. (He had received $$$ secretly from the CIA). |
|
|
Term
| U.S. v. Rezaq (D.C. Cir.) |
|
Definition
| In 1985 the defendant hijacked an Egyptian airliner and killed two passengers; he was captured and served 7yrs in prison, and then was tried and convicted in the U.S. for air piracy - and was imprisoned. The 6th Amndt's confrontation clause & 5th Amndt Due Process Clause require a defendant not be tried in absentia. |
|
|
Term
| U.S. v. Salameh(2nd Cir.) |
|
Definition
| Involved 4 of 6 "active" participants in the 2/26/1008 WTC bombing (4 die; <1000 hurt). Federal trial in NYC was 4 months. Fed. Govt. gets 4 convictions for 4 of the 6 1993 WTC bombers. Yousef fled. The defendant had rented van & storage facility, & arrested at the rental agency seeking a refund of his rental deposit. |
|
|
Term
| U.S. v. Rahman (2nd Cir.) |
|
Definition
| Fed. Govt. gets convictions ("seditious conspiracy" and plots for "urban terrorism" for the defendant + 9 conspirators for plans to blow up tunnels & bridges in NYC area. |
|
|
Term
| U.S. v. bin Laden (S.D.N.Y.) |
|
Definition
| A leader and several other terrorists were indicted for 1998 bombings of U.S. Embassies in Kenya and Tanzania; the leader was not captured/tried. Others pled guilty, offered varying cooperation, and received varying sentences. Federal charges still pending against the leader. |
|
|
Term
| U.S. v. El-Hage (2nd Cir.) |
|
Definition
| A 3-judge federal panel in NYC unanimously upheld convictions of 4 defendants tried & Convicted for conspiracy that involved the 1998 bombings of two American embassies in Kenya & Tanzania. The defendant (a close aide to Osama bin Laden & naturalized American citizen) + 3 others were sentenced to life in prison; the jury concluded that the death penalty was less punitive than life in prison. 224 died. >5,000 hurt. |
|
|
Term
|
Definition
| Held an alien subject to a removal deportation order but with nohwere to go can be kept in detention - & is entitled by due process to a hearing to determine whether removal was possible. |
|
|
Term
|
Definition
| The defendant was 1st 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. |
|
|
Term
|
Definition
| Justices rule 8-1 that all U.S. Citizens in U.S. custody on U.S. soil have hadeas corpus rights. Those detained as "enemy combatants " must have a "meaningful opportunity" to challenge reasons for detention. Justice O'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. |
|
|
Term
|
Definition
| 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 coruts. |
|
|
Term
| U.S. v. Afshari (9th cir.) |
|
Definition
| 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. |
|
|
Term
| In Re Terrorist Attacks on September 11, 2001 (S.D.N.Y.) |
|
Definition
| Over 200 Lawsuits brought by injured survivors and insurers of those killed on 9/11. This criminal act will cause an unprecedented # of ongoing terrorism law cases. |
|
|
Term
|
Definition
| The defendant 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 the defendant was speaking with his lawyers. |
|
|
Term
|
Definition
| Canadian (Syrian-born) citizen seized in U.S. & tortured in Syria for a year; Canada's government apologized/paid $10.5 M in damages. The plaintiff sued the U.S. government but the U.S. courts dismissed claims. |
|
|
Term
|
Definition
| 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/seen in a trial; both U.S. Dist & Court of Appeals agreed & dismissed the plaintiff's lawsuit. |
|
|
Term
|
Definition
| Justices ruled 5-3 (Roberts recused) that President Bush's post-9/11 presidential policy of detaining without trial persons deemed "enemy combatants" at Guantanamo Bay without asking Congress to agree violated Constitution's basic separation of powers between Article I & Article II. Justices held the president was obligated to honor U.S. treaty commitments under the 1949 Genevea Conv. Bush White House cited 2001 AUFM as legal justification for executive branch military tribunals at Gitmo. However, SC ruled that the 2005 detainee treatment act violtaed U.S. and international laws. |
|
|
Term
|
Definition
| In 2003 Valerie Plame Wilson was a CIA agent looking for WMDs when her secret identity was revealed to the press by "Scooter" Lobby - chief of staff to VP Dick Cheney. Cheney criticized a NYT's Op-Ed by Joe Wilson (former U.S. Ambassador to Iraq & Plame's husband) who questioned the bush white house claim that invasion of Iraq was justified b/c Saddam had WMD. Disclosure of a CIA's secret identity violates a 1982 Act of Congress. Libby was indicted by a federal grand jury, and obstruction of justice for hindering a federal grand jury investigating the disclosure of a CIA'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 sentenced to 2 1/2 years in federal prison and fined 1/4M. On 6/2/07 President Bush granted Executive Clemency (commuted) Libby's sentence (removing the prison term.) But Libby's fine & loss of his license to practice law remained in effect. Arguably, White House politics had impacted CIA & the Bush administration's role in "war on terror" immeasurably. |
|
|
Term
|
Definition
| 2008: Ali Hmza ______ was tried/convicted by a military commission after 6 years in at Guantanamo. He 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. Cole") describing the 10/12/2000 attack that killed 17 sailors in the port of Aden in his home country of Yemen. |
|
|
Term
| al-Marri v. Pucciarelli (4th Cir., Richmond, VA) |
|
Definition
| 2008: Judges ruled 5-4 the President has legal power to order indefinite military detentions of civillians seized in U.S. but detainees must have opportunity to challenge detention in court. He (Qatar citizen) was arrested 12/12/2001 in Peoria, Ill & 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. The plaintiff is only person on U.S. soil known held as an "enemy combatant" & case is on appeal to U.S. Supreme Court. |
|
|
Term
|
Definition
| 2008: Detainee Mohammed the plaintiff has been kept at Guantanamo for <6 years, & has been called the "20th Hijacker" in the 9/11 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. |
|
|
Term
|
Definition
| 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 detaineees 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: "the costs of delay can no longer be borne by those who are held in custody." |
|
|
Term
|
Definition
| 2008: Salim _____ (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. The plaintiff was Osama bin Laden's driver, the 1st detainee tried at Guantanamo & 1st person since WWII to face an American was crimes trial. |
|
|
Term
|
Definition
| 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 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. |
|
|
Term
| United States v. Ghailani |
|
Definition
| 2009: will proceed in a civillian court in New York City. The defendant is charged with being an Al-Qaeda terrorist. In 2004 he was captured in Pakistan, held in CIA secret prisons, and then moved to Guantanamo Bay. 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 tiral, and been tortured by members of the U.S. military and CIA. He is in his mid-30s. His lawyers want a civillian trial and not a military tribunal closed to the press and public. |
|
|
Term
| US v. Khalid Sheik Mohammed et al. |
|
Definition
| 2009: Attorney General Eric Holder announces that the Obama Administration will prosecute the suspected architect of the 9/11 terrorist attacks + four others. KSM has indicated that he wants a civillian trial where he can express his viewpoints, be found guilty, and be executed. KSM is the uncle of Ramzi Yousef. |
|
|
Term
| U.S. v. Umar Farouk Abdulmutallab |
|
Definition
| 2009: Christmas Day Underwear Bomber arrested in Detroit. _________ 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 flight 253. The defendant had spent 20 minutes in the plane's lavatory, returned to his seat, covered himself with a blanket. PETN explosive powder did not explode but passengers heard popping and defendant sustained burns. Chose seat 19A above the fuel tank and wing. DOJ cited this as pre-meditated act. |
|
|
Term
|
Definition
| 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 7/7/10 |
|
|
Term
|
Definition
| 2010: Nine members of a militant group 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 1st 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. |
|
|
Term
|
Definition
| May 2010: Paul and 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 of probation while his pregnant wife will serve probation. Their motive was to revenge alleged desecration of the Islamic Faith. |
|
|
Term
|
Definition
| 9/1/10 American _______ entered the headquarters of the Discovery Channel in 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 environmental" message and tis television programming that encouraged the birth of human beings -- "filthy" babies. The defendant was arrested with no hostages harmed. |
|
|
Term
| U.S. v. Sami Samir Hassoun |
|
Definition
| 9/20/10 The 22 Y.O. defendant, a lebanese citizen living in Chicago, was charged with one count of attempted use of a weapon of mass destruction and an attempted use of an explosive device after placing a backpack with what he thought was a bomb near Wrigley Field. A FBI informant exposed this plot after the defendant had discussed various ideas for mass destruction attacks with the undercover agent. |
|
|
Term
|
Definition
| The defendant, a 34 y.o. naturalized U.S. citizen, was indicted for conspiracy to bomb four Metro stations Washington, D.C. with people he though were al-Qaeda terrorists. The were FBI informants. |
|
|
Term
|
Definition
| U.S. undercover agents, working with Thai police, arrested the Russian business man in Bangkok. The man is suspected of being the world's #1 international arms trafficker. He is beign kept in a high security secret location. The defendant pleaded "not guilty" to providing many sophisticated weapons to guerilla forces and warring factions throughout the world since the end of the Cold War. The U.S. Government had been seeking his arrest for many years. |
|
|
Term
| U.S. v. Mohamed Osman Mohamud: |
|
Definition
| The defendant is a 19 y.o. 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 thatthere would be many deaths. The device did not explode because FBI agenst had provided the suspect with a fake bomb. His lawyers have asserted that the defendant was the victim of illegal entrapment. |
|
|
Term
|
Definition
| Faisal _____ was sentenced to life in prison after pleading guilty to a 10-count indictment in June 2010. His life sentence was based on conspiracy to sue a weapon of mass destruction and an attempted act of terrorism. The defendant said that "the defeat of the U.S. is imminent" and that "we will keep terrorizing you until you leave our lands." The defendant planned on detonating a second bomb in Times Square two weeks later. |
|
|
