Terrorism and the Law

Essential Documents

Department of Justice Memo: Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force

NBC News published this Department of Justice confidential white paper on February 5, 2013, which outlines the legal framework that would allow the U.S. government to "use lethal force in a foreign country" against a U.S. citizen highly involved with al-Qaeda or its associates. A bipartisan group of U.S. senators requested all classified documents related to the legality of targeted killings of Americans be released.

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Interview

Shahzad Arrest Ignites Liberties Debate

Matthew C. Waxman interviewed by Bernard Gwertzman

The Times Square bomb plot has triggered questions about when and whether suspect Faisal Shahzad, a Pakistan-born American citizen, should have been informed of his Miranda rights. These questions are likely to gain traction in the weeks ahead, says expert Matthew C. Waxman, who believes it would be wrong to treat all captured terrorists as enemy combatants subject to military trial.

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Op-Ed

Try Again

Authors: Benn Steil and Peter J. Wallison
Foreign Policy

Benn Steil and Peter Wallison argue that trying alleged 9/11 mastermind Khalid Sheikh Mohammed before the military commission established by Congress is better than the Obama administration pretending that it accepts the legal implications of acquittal by a civilian court.

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