I. Principles

Class 1

Principles of Counter-Terrorism Prosecutions

• Choice of forum
• Prosecute like old La Cosa Nostra – “spitting on sidewalk”
• Prevention v. past crimes
• Disruption through use of immigration, money laundering, and conspiracy law.

For class on ___/09, please read the handout that will be emailed to all registered course members, posted on the website, and available in Professor Snyder’s office.

II.  The Law

Class 2

The Major Legislative Packages

• Omnibus Diplomatic Security & Antiterrorism Act
• Antiterrorism & Effective Death Penalty Act
• USA PATRIOT Act
• Homeland Security Act
• Intelligence Reform & Terrorism Prevention Act of 2004

For class 2 on 8/__/09, please read ________.

• Leahy report

• Text of USA PATRIOT Act

Classes   3,4

Definitions of Terrorism

Selected Criminal Statutes

• 18 U.S.C. § 2332 Terrorism
• 18 U.S.C. § 2332a Weapons of Mass Destruction
• 18 U.S.C. § 2332b Acts of Terrorism Transcending National Boundaries
• 18 U.S.C. § 2332d Financial Transactions
• 18 U.S.C. § 2332f Bombing
• 18 U.S.C. § 2332g Missiles to Destroy Aircraft
• 18 U.S.C. § 2332h Radiological Dispersal Devices

For class 3 on ___/09, please read _______.

For class 4 on ___/09, please read _________.

Class 5

Selected Criminal Statutes (cont.)

• 18 U.S.C. § 175c Variola Virus
• 18 U.S.C. § 2339 Harboring Terrorists
• 18 U.S.C. § 2339C Financing Terrorism
• 18 U.S.C. § 2339A Providing Material Support to Terrorists
• 18 U.S.C. § 2339B Providing Material Support to Designated Foreign Terrorist Foreign Organizations
  • United States v. Sattar
  • Humanitarian Law Project v. U.S. Dep’t of Justice
  • United States v. Hammoud
  • United States v. Al-Arian
• 8 U.S.C. § 1189 Designation of Foreign Terrorist Organizations

For class 5 on ___/09, read _________. .

Classes 6 & 7

Selected Criminal Statutes (cont.)

• Conspiracy law
• Aiding & Abetting, 18 U.S.C. § 2
• RICO
• Immigration law
• Money Laundering 

For class 6 on ___/09, read _________.

• Handout on conspiracy law.
• Handout on aiding & abetting.
• Note: these documents appear to be long, but much of them are string cites with which you need not be concerned.  Just read the substantive law.
• Please read RICO statute.
• Please look over sample RICO terrorism indictment.

For class 7 on ___/09, please read:

• Handout on money laundering.
• Handouts on immigration law, here and here.

III.  Investigations

Classes 9,10
Class 8

Overview of Intelligence Community

Overview of Federal Law Enforcement Agencies

National Security Information

• Sensitive Information and Sensitive Compartmented Information
• Security Clearances, Procedures & Penalties

• Intelligence v. Evidence

For class 8 on ___/09, please read:

• Handout on Intelligence Community.
• Also, remember that we did not get to the handout on Immigration last time (see above) so please review it for class on 9/22.
• A handout on national security information will be provided in class and need not be read ahead of time.

Supplemental Material (not assigned):

• National Security Act of 1947 (created NSC, CIA, and DOD)
• Executive Order 12333--United States intelligence activities
• Intelligence Reform and Terrorism Prevention Act of 2004
• NSC 68

For class 10 on ____/09,  please read:

• Handout on national security information.

Classes 9,10

Tearing Down The Wall

• In re Sealed Case
• USA PATRIOT Act provisions on information sharing

For class 9 on ___/09, please read:

• In re Sealed Case, 310 F.3d 717 (Foreign Int.Surv.Ct.Rev. 2002), available as a handout.

For class 10 on ___/09, please read:

• Banks, And the Wall Came Tumbling Down: Secret Surveillance After the Terror, 57 U. Miami L. Rev. 1147.
• United States v. Mayfield.

Classes 11,12

Fourth Amendment Framework

Attorney General’s Guidelines

• NEW October 2008 Attorney General's Guidelines For Domestic FBI Operations.
• Criminal Guidelines For Terrorism Organizations
• For National Security Investigations

U.S. Agents Acting Abroad

• United States v. Verdugo-Urquidez
• United States v. Bin Laden
• United States v. Alvarez-Machain
• Sosa v. Alvarez-Machin

For class 11 on ___/09, please read:

• The NEW October 2008 Attorney General's Guidelines For Domestic FBI Operations.
• _________.
• Now optional reading: The Attorney General’s Guidelines On General Crimes, Racketeering Enterprise And Terrorism Enterprise Investigations.
• Now optional reading: The Attorney General’s Guidelines For FBI National Security Investigations And Foreign Intelligence Collection.
• Supplemental reading (not assigned): 2008 Briefing with Department Officials on Consolidated Attorney General Guidelines.
• audio file of lecture (MP3).

For class 12 on ___/09, please read:

• _________.
• supplemental, not assigned: complete text of United States v. Bin Laden, 126 F.Supp. 2d 264 (SDNY 2000).

Classes 13,14,15, 16, 17

Electronic Surveillance

• Foreign Intelligence Surveillance Act (FISA)
• Title III Wiretaps

For class 13 on ___/09, please read:

• The actual Foreign Intelligence Surveillance Act as amended in 2008, distributed in class and available as a PDF, here.

For class 14 on ___/09, please read:

• _________.

For class 15 on ___/09: no new assignment, continue with new FISA text and with _________.

For class 15 on  ______/09, please read:

• Title III handout and _________.

 For class 16 and on ___/09 and class 17 on ___/09, read the following sections of James Bamford's The Shadow Factory:

Assigned reading:

• Chapter Intercept, pp 12-21
• Last paragraph on p.35 to end of chapter on page 38.
• Chapter Thinthread, pp. 44-47.
• Pages 66 & 67.
• Pages 95 & 96.
• Chapters Opportunity, Hunters, FISA, Mission, and Highlander, pages 99-134.
• Book 3, pp. 161-268 (but don’t get bogged down in the technology).
• Chapter Emergency, pp. 278-286.
• Chapter Exposure, pp.287-292.
• Pages 307-308.
• Remember, look for exposed facts, not opinions.

Recommended reading:

All the rest that wasn’t assigned up through page 96.

Assignment:

• Find violation(s) of FISA, if any, with a view to how such might impact Article III prosecutions based upon criminal investigation initiated as a result of evidence obtained through warrantless surveillances of the type depicted in the book.
• Identify any misstatements of the law made by the author. Make a list.
• The goal is to learn the ins and outs of the FISA statute in a real-world and memorable application. But, of course, you should also think about whether the law should be the way it is.

Supplemental materials:

• FISA text as it was between August 2007 and February 2008.
• Color-coded version of FISA showing all amendments between 9/11/01 through August 2007.
• PowerPoint slides used by Dir. Hayden on April 12, 2000, mentioned in Bamford on pages 35-38.

(date subject to change)

For class 16 10/??/08, please read handout.

Classes 18, 19

Interviews & Interrogation

Use of Grand Jury

Material Witnesses

• 18 U.S.C. § 3144

For class 17 on ___/09, please read:

• Handout on interviews and interrogations and _________.

For class 18 on ___/09, please:

• Read _________.
• Review information about grand juries from handout.

Same assignment for class 19 on ___/09.

IV.  Adjudication

Classes 20, 21

Classified Information Procedures Act

• Title 18 U.S.C. Appendix 3
• United States v. Yunis
• United States v. Rezaq
• United States v. Fernandez
• United States v. Jolliff
• United States v. Bin Laden
• United States v. Lee

For class 20 on ___/09, please read:

• _________.

For class 21 on ___/09, please read:

• _________.

Class 21

Physical Security

Witness Protection

United States Sentencing Commission Guidelines

Litigation Strategies

For class 21 on ___/09, please read:

• handout on witness security.
• United States Sentencing Commission Guidelines Manual 2005, Chapter One - Authority and General Application Principles (pp.1-8), and Section 2, Part M (pp. 255-268), and Sentencing Table (p. 377).  The Manual is available online at http://www.ussc.gov/2005guid/gl2005.pdf.

V.  Case Studies

Classes 22

Case Study: United States v. Aref

For class 22 on ___/09:

• Guest speaker Terence Kindlon, Esq.

Class 23, 24

Start Case Study: United States v. Moussaoui

For class 23 on ___/09, please read:

• Moussaoui pleadings:
  • Indictment
  • protective order
  • memorandum of understanding (missing)
  • statement of facts
  • plea transcript
  • special verdict form part 1

For class 24 on ___/09, please read:

• U.S. Attorney's Manual sections on death penalty.
• Please review Moussaoui special verdict form, Part 2.
• Audio file of lecture.

We are very grateful to Judge Leonie Brinkema for sharing her time and insights with us.

Class 26

Comparing Article III Courts with other options

For class 26 on ___/09, please read:

• Supplemental reading (not assigned): In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts (the study referenced by Judge Brinkema).

 Class 27

Final thoughts and examination review.

For class 27 on ___/09 will be a review for the examination.

December 9

Examination