Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions

ISBN : 9780190296810

Wadie E. Said
226 Pages
156 x 234 mm
Pub date
Feb 2018
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The U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. This paperback contains a new Preface that discusses some important developments since the initial hardback publication in 2015.


Preface to the Paperback; Preface to the Hardback; Introduction; 1. Informants, Spies, Radicalization, and Entrapment; The Essential Question: Who Is a Terrorist?; Radicalization: The Theory; Radicalization: The NYPD Experience in Practice; The FBI Experience: Informants and the Death of the Entrapment Defense; Examples of Informant-Driven Prosecutions; Conclusion-What Spying and Informants Have Wrought; 2. The Continual Evolution of the Material Support Ban; The Statute-18 U.S.C. SC 2339B; The Designation Process; Constitutional Challenges to SC 2339B; Holder v. Humanitarian Law Project; Material Support Providing Legitimacy-the Holy Land Foundation Prosecution; Continual Expansion-United States v. Mehanna; Further Permutations of Material Support; 3. Evidence and the Criminal Terrorist Prosecution; FISA; Interrogation; The Voluntariness Test in Practice: The Case of Ahmed Abu Ali; The Federal Rules of Evidence-Relevance and Its Discontents; The Expert Witness; 4. The Implications and Broad Horizons of the Terrorism Prosecution; The Saga of Jose Padilla; The Ghailani Prosecution: The Courts Rescue the Government from a Crisis It Created; Other Uses of the Criminal Terrorist Prosecution-Improbabilities and Political Exceptionalism; Defining and Prosecuting Terrorism: The Government's Exclusive Domain; 5. The Final Stop: Sentencing and Confinement; The Terrorism Enhancement-U.S.S.G. SC 3A1.4; United States v. Abu Ali; United States v. Lynne Stewart; The Jose Padilla Prosecution; Postscript: Confinement-Even When Imprisoned, the Terrorist Prisoner Is Exceptional; Conclusion; Notes; Index

About the author: 

Wadie E. Said is Professor of Law at the University of South Carolina School of Law, where he teaches criminal law, criminal procedure, and human rights law. His scholarship has appeared in the Ohio State Law Journal, Brigham Young University Law Review, the Indiana Law Journal, the Washington Law Review, and the Columbia Human Rights Law Review. Before joining the South Carolina faculty, he represented terrorist suspects as an assistant federal public defender in Tampa, Florida, serving as counsel in United States v. al-Arian, one of the largest terrorism prosecutions in American history. A graduate of Princeton University and Columbia Law School, he clerked for Chief Judge Charles P. Sifton of the U.S. District Court for the Eastern District of New York.

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