Crimes of Terror

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.

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. § 2339B
The Designation Process
Constitutional Challenges to § 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. § 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