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Category Archives: Domestic Terrorism

Jose Padilla Re-sentenced to 21 Years

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Wednesday, September 10, 2014 at 10:39 AM

U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to provide material support to terrorists; and providing material support to terrorists. An appellate court had vacated Padilla’s original, 17-and-a-half year sentence, after finding . . .
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DOJ to Seek Death Penalty Against Dzhokhar Tsarnaev for Boston Marathon Bombings

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Thursday, January 30, 2014 at 3:04 PM

The DOJ has just announced it will seek the death penalty against 20-year-old Dzhokhar Tsarnaev for his alleged role in the Boston Marathon bombings. Here’s the notice the government filed today in federal court.  U.S. Attorney Carmen M. Ortiz has also issued a statement regarding Attorney General Eric Holder’s authorization of the death penalty. It reads: . . .
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Brennan Center Report Slams Current State & Local CT Programs

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Tuesday, December 10, 2013 at 12:00 PM

The Brennan Center for Justice released today a new report titled “National Security and Local Police.”  They conducted surveys of more than a dozen major police departments and their affiliated state or city intelligence “fusion centers” (funded heavily by federal grants) and Joint Terrorism Task Forces (FBI-led interagency and intergovernmental coordination groups for terrorism investigations).  . . .
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Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases

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Monday, December 2, 2013 at 3:00 PM

From the defense’s standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; Judge George O’Toole of the United States District Court for the District of Massachusetts heard argument on . . .
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Tsarnaev Files Reply in Support of Motion to Vacate Special Administrative Measures

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Friday, November 8, 2013 at 11:00 AM

On Monday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed his reply to the government’s response to his motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his filing, Tsarnaev rejects the government’s claim that the court lacks jurisdiction to consider his motion, and he reiterates that the measures are not properly authorized and violate the Constitution. Tsarnaev opens . . .
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Government Files Response to Tsarnaev’s Motion to Vacate Special Administrative Measures

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Wednesday, October 30, 2013 at 7:00 AM

Last Monday, the government filed its response to accused Boston Marathon bomber Dzhokhar Tsarnaev’s motion to vacate the special administrative measures (SAMs) imposed on him and his attorneys. (We previously described the measures and Tsarnaev’s challenge here.) In essence, the opposition filing makes two arguments: first, that the court lacks jurisdiction to consider Tsarnaev’s motion because he failed to exhaust his . . .
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Tsarnaev Files Motion to Vacate Special Administrative Measures

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Monday, October 7, 2013 at 8:00 AM

Last Wednesday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed a motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his motion, Tsarnaev argues that the government has not alleged facts sufficient to justify the measures—essentially a package of additional security restrictions—and that the measures violate the First, Fifth, and Sixth Amendments. Lawfare will cover the defense challenge, . . .
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Shane Harris on Nathan Myhrvold’s Paper

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Friday, September 20, 2013 at 6:48 AM

Over at Foreign Policy, Shane Harris has a story about Nathan Myhrvold’s Lawfare Research Paper Series paper: “Strategic Terrorism: A Call to Action.” Along the way, it also contains some nice words about Lawfare. It opens: Add to Nathan Myhrvold’s already eclectic résumé—which includes ex-chief technology officer of Microsoft, co-founder of one of the world’s largest patent-holding firms, and author of . . .
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Al Nusrah/Al Shabaab Supporters Brought to the US for Prosecution, and other Terrorism Prosecution News

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Friday, August 9, 2013 at 2:50 PM

Some interesting terrorism-prosecution developments over the past few days that are worth noting. United States v. Mohammed (S.D. Fla.) First, a pair of men (one leaving in Kenya, and the other–who happens to be a naturalized US citizen–living in Saudi Arabia) are in custody in the US facing material support charges based on their efforts . . .
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POTUS Plans to Nominate James B. Comey as Next FBI Director

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Wednesday, May 29, 2013 at 7:29 PM

So report the New York Times and the Washington Post.  

Our Testimony on Military Detention for Domestic Captures: Congress Should Foreclose This Defunct Option

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Wednesday, May 22, 2013 at 9:00 AM

Today we will appear before the House Judiciary Committee, and will argue that Congress should put to rest the question of military detention for domestic captures.  More specifically, we will argue that Congress should state explicitly that such detention is not an option under the AUMF or the NDAA FY’12.  Here is the complete text . . .
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Center for Democracy and Technology Report on USG Proposals to Expand CALEA to Peer-to-Peer Communications

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Friday, May 17, 2013 at 8:47 AM

The New York Times has a story about the problems of expanding CALEA to on peer-to-peer communications.  The story discusses a Center for Democracy and Technology report on the topic by several experts.  One signatory is Susan Landau, who writes in:    Our first concern is something that I have written about on multiple occasions, . . .
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After the AUMF, the Pithier Version…

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Thursday, May 16, 2013 at 1:45 AM

For those who’d prefer the shorter version of Jen Daskal and my draft paper on life “After the AUMF,” we’ve got a short op-ed out in today’s New York Times with a far less alliterative title: “Don’t Expand the War on Terror.”

Daskal and Vladeck Working Paper on “After the AUMF”

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Wednesday, May 15, 2013 at 6:15 AM

In advance of Thursday’s Senate Armed Services Committee hearing on the 2001 Authorization for the Use of Military Force (AUMF), Jen Daskal and I have expanded upon our exchanges with Bobby, Jack, Matt, and Ben in a new (draft) working paper titled “After the AUMF,” a copy of which is available here. The paper is . . .
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Boston & Local Police Intelligence: an FBI Statement and a Response from Faiza Patel

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Friday, May 10, 2013 at 5:32 PM

Earlier today I posted a commentary on “Boston Bombings: Local Police and Counterterrorism Intelligence,” based on reported claims that the FBI failed to pass on important threat information to the Boston Police Department, and further reported claims that — if true — this points to a need for greater information sharing.  My main point was . . .
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Boston Bombings: Local Police and Counterterrorism Intelligence

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Friday, May 10, 2013 at 8:09 AM

The New York Times had a story yesterday headlined “F.B.I. Didn’t Tell Boston Police of Warning on Brother”: Police Commissioner Edward Davis said that though some of his officers worked with the F.B.I. on a joint terrorism task force, they did not know about the Russian tip or the bureau’s subsequent inquiry, which involved an . . .
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Carrie Cordero on Questions to Ask After the Boston Attacks

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Sunday, April 28, 2013 at 3:00 PM

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with this piece on the Boston attacks and possible improvements to our approach to counterterrorism: If the recent news reports are accurate (a leap of faith, but a necessary one for present purposes), then DNI Clapper’s recent statement that . . .
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Salam Al-Marayati on Boston and Combating Extremism

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Friday, April 26, 2013 at 7:00 AM

Salam al-Marayati, President of the Muslim Public Affairs Council, sent in this piece on the Boston attacks and extremism: An unfortunate consequence of the Boston Marathon bombings has been this: the sick words and deeds of a tiny, demented fringe of extremists—no more than .1% of Muslims overall—command vast public attention.  The good words and . . .
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Post-Boston Polls Find Americans Increasingly Unwilling To Trade Freedom for Security

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Wednesday, April 24, 2013 at 11:18 AM

A very interesting post on the New York Times‘s FiveThirtyEight blog argues that, while Americans think future terrorist attacks are likely, they’re also increasingly “skeptical about sacrificing personal freedoms for security.” A Fox News poll right after 9/11 found that almost 75% of respondents were willing to sacrifice some personal freedom for security. But when . . .
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Why It’s Too Soon To Call the Boston Marathon Bombing an Intelligence Failure

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Monday, April 22, 2013 at 9:27 PM

Lawfare‘s crack team of contributors has been busy invading The Huffington Post. Hot on the heels of Susan and Ritika’s excellent backgrounder on Chechnya and Kyrgyzstan, I’ve posted an article arguing that it’s far too soon to call the Boston Marathon bombing an intelligence or counterterrorism failure. It opens: Already the Boston Marathon bombing, like . . .
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