Anti-Terrorism and Criminal Enforcement

The new sixth edition is a major overhaul of the only casebook on federal anti-terrorism criminal enforcement practice and policy that is also a volume for teaching a specialised criminal law and procedure course. It provides an in-depth treatment of the major issues that arise in terrorism investigations and in civilian and military terrorism prosecutions. Almost half of the new edition is devoted to addressing domestic terrorism issues--e.g., whether the federal government has enough tools--statutory crimes that can be used to prosecute individuals who perpetrate domestic terrorism violent events, and special rules and doctrines to facilitate criminal investigations in terrorism matters. Previous editions focused only on international terrorism, and the new volume continues to provide an up-to-date, detailed treatment of topics related to that subject: e.g., electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and its amendments; extended military detention of persons suspected of international terrorism; the current status of the military commissions' prosecutions; and the present state of the efforts to close the Guantanamo detention facility. Among the specific domestic terrorism topics treated, the book contains extensive materials on the January 6, 2021 mob intrusion into the U.S. Capitol including the prosecutions for seditious conspiracy of the leaders of the two private militia groups which played a key role in the attack and the prosecution of former President Donald Trump for acts related to the January 6th events. The book contains extended notes on significant substantive topics, e.g., on the question whether it is feasible to draft a domestic version of the material support/foreign terrorism organisation criminal statute that would meet constitutional standards. See more