Bell Ringer
After watching the documentary, Spying
on the Homefront…
Are our rights to privacy being severely
infringed upon by the USA Patriot Act?
Is this infringement a good reason for our
protection?
How important is the USA Patriot Act to
keeping us safe? Or can you argue that it is
making us unsafe?
Unlawful Combatants
The other side of the USA
Patriot Act
Who can designate a person as
an unlawful combatant?
How would you characterize
these people?
People who have fought
against the US but not in
the context of an “actual”
war.
Included suspected
terrorists in the US,
Afghanistan, and those
with ties to Al-Qaeda.
Where were these people
brought?
Guantanamo Bay, Cuba
Brought to Guantanamo Bay, Cuba
US Military Base
Not given the same rights as offenders in the US
What is the government’s reasoning?
Did not guarantee their detainees’ rights under
international treaties such as the Geneva Convention.
Detainees are not soldiers but terrorists.
Conditions in Gitmo
No lawyers present
What does this
situation create?
Detainees are held in
small cells.
Like “cages for
animals”
Questioning and
Interrogations
Information about
terrorist activities.
How do they get
information?
The Torture Question
What is torture?
Allegations of torture
Chaining and gagging
Exposure to extreme
temperatures
“Water Boarding”
Light deprivation
Disrespect of the
Muslim religion
Is torture legal?
The US has signed the
United Nations
Convention against
Torture.
Rights at Trial
What happens when a person is charged with
terrorism?
Could be tried in both a US court and a military
tribunal.
In a US trial,
Right to jury, a lawyer, and to a public trial.
In a military tribunal
Meet in secret and can allow hearsay evidence.
Three or more judges can authorize the death
penalty with a two thirds vote.
There is no procedure of appeal.
US Courts vs. Military Tribunals
Which one does the US government prefer
to use on alleged terrorists?
Military Tribunals > US Courts
Terrorists cannot use the trial as a political
platform.
Impossible to guarantee a fair trial in US courts.
Public trials will expose information that is known
about terrorists.
Which one is more fair to alleged terrorists?
Does it matter?
The Case against Faisal Shahzad
Faisal Shahzad is a US citizen
accused of trying to use a car
full of explosives as a weapon of
mass destruction. He left the car
ready to detonate in Times
Square, NYC. Fortunately, the
car did not explode and he was
quickly apprehended. His
actions could have killed
hundreds of people. He is now
awaiting trial and is charged
with acts of terrorism.
The Shahzad Case
In groups of four or less (one paper/group):
Should President Obama designate him as an
unlawful combatant? Does he meet the
qualifications?
Should he be tried in US courts or in a
military tribunal?
Which would the US government prefer?
Which would Shahzad prefer?
As always for each question, give your reasons.