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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

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Archive for April, 2013

SCOTUS Blog: “Congress’s War Crimes Power at Issue”

A post on SCOTUS Blog by Lyle Denniston reports that, on Tuesday, the D.C. Circuit Court voted to review congressional authority to apply war crime laws to terrorist acts that took place prior to the enactment of the laws making such acts criminal. The decision to review arises directly from the case against Ali Hamza […]

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Professor Snyder Weighs in on WMD Charges Against Tsarnaev

Professor William C. Snyder weighed in on the weapon of mass destruction (WMD) charges against Dzhokar Tsarnaev, one of the alleged Boston bombers, in an article by Emily Feldman of NBC. Snyder points out that prosecutors may have trouble meeting the statute’s jurisdictional requirement, which requires proof that the crime impacted interstate or foreign commerce, […]

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NY District Court Finds USCs Guilty of Conspiring to Acquire Anti-Aircraft Missiles, Providing Material Support to the Taliban

According to the Department of Justice press release, last week, the U.S. District Court for the Southern District of New York found Alwar Pouryan and Oded Orbach, United States Citizens (USCs) guilty of conspiring to provide material support to the Taliban and conspiring to acquire anti-aircraft missiles. The mandatory minimum sentence for these charges is twenty-five […]

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Apr 24th, 2013 AIII Courts, Terrorism

Is the White House lying about Tsarnaev?

I have been asked this question a lot by students: Professor: I have a question regarding the charges and trial of the Boston bomber. I took your Prosecuting Terrorists course two years ago, and I vividly recall the semester long debate over how and where to try suspected terrorists. It was my understanding that we […]

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Actual Charging Document for Tsarnaev in Federal District Court

Dzhokhar Tsarnaev, the surviving suspect in the Boston bombings, has been charged with using weapons of mass destruction (WMDs) and malicious destruction of property resulting in death. The Washington Post reports that the defendant will not be tried as an “enemy combatant” but as a civilian.   The choice to prosecute Tsarnaev as a civilian is significant […]

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Non-Partisan Report Concludes U.S. Engaged in Practice of Torture

The Constitution Project has published a non-partisan report wherein the eleven-member task force conclude, “[I]t is indisputable that the United States engaged in the practice of torture” in the years following the 9/11 attacks. Furthermore, “The nation’s most senior officials . . . bear ultimate responsibility” for such practices, according to the task force. You […]

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Does the Fourth Amendment Permit House-to-House Searches?

In light of the recent events in Boston, Orin Kerr posed the following question on The Volokh Conspiracy: “Assume the police enter a home without consent searching for Dzhokhar Tsarnaev; does the entry violate the Fourth Amendment?” Kerr suggests that it would depend on the outcome of a fact-specific analysis of the entry’s “reasonableness.” This […]

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Apr 21st, 2013 Terrorism

A nation apart | The Economist Compares U.S. Response to Terrorism

An Economist editorial from the April 20, 2013, print edition (but appearing on their website on 4/18/13) offers a comparative, internationalist discussion of why the United States is different from some other countries in its reaction to terrorism.  In an observation consistent with what my students learn in National Security Law and in Counterterrorism Law, […]

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U.S. Army Spec. Millay Sentenced on Espionage Charges

The Washington Post reports U.S. Army policeman William Colton Millay was sentenced by a panel of 8 military officials on Tuesday to sixteen years in prison and dishonorable discharge for attempting to sell secrets to someone he believed was a Russian spy. Millay’s arrest came after he was caught trading an envelope of information for […]

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Piece-by-Piece Book on Obama Administration’s Counterterrorism Methods is Released by Lawfare Blog

Lawfare blog has announced the launch of a book by Benjamin Wittes and Kenneth Anderson and published by the Hoover Institution Task Force on National Security and Law that exclusively analyzes the Obama Administration’s approach to national security legal issues. The book, Speaking the Law: The Obama Administration’s Addresses on National Security Law, will be released one chapter at […]

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Apr 17th, 2013 Books

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