Counter Terrorism Issues: Case Studies in the Courtroom, 1st Edition (Hardback) book cover

Counter Terrorism Issues

Case Studies in the Courtroom, 1st Edition

By James Ottavio Castagnera

CRC Press

266 pages

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Hardback: 9781466571921
pub: 2013-03-15
eBook (VitalSource) : 9780429254369
pub: 2013-03-15
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The American legal profession and judicial system bear a unique responsibility to set and maintain the balance between defending homeland security and protecting the civil liberties outlined in the Bill of Rights. These competing interests will continue to collide as the threats to our safety grow. Exploring the most significant terrorist cases of the past two decades, Counter Terrorism Issues: Case Studies in the Courtroom presents a panoramic view of the American judiciary’s handling of domestic terrorism in the last 20 years.

Drawing extensively upon trial transcripts, witness statements, and judicial opinions, the book brings the underlying events back to life and demonstrates how the criminal justice system has sought to grapple with conflicting facts and countervailing legal rights and responsibilities.

The book examines some of the most notorious recent cases—the two attacks on the World Trade Center, the Oklahoma City bombing, and the Fort Hood massacre. It also looks at lesser-known but equally important incidents, including those involving animal-rights radicals who harass university researchers and corporate executives, as well as the actions of terrorist "wannabes" who threaten our security. Also discussed are attempts by victims of terrorist attacks to sue state sponsors of terrorism.

Through the words of witnesses, judges, and the attorneys who tried these cases in America’s courtrooms, the book provides important commentary on the related back-stories and historical/political contexts of these events, enabling readers to understand the significance of these often-infamous attacks on U.S. soil.

Table of Contents

The Fire Bell in the Night: The 1993 World Trade Center Bombing

The 1993 World Trade Center Bombing


Pretrial Proceedings

Mohammad Salameh’s Bail Application

Motions to Suppress Evidence

The First Criminal Trial

The Subsequent Criminal Trials

The Civil Trial

Conspiracy Theories

The Last Word

Homegrown Terrorists: Tim McVeigh and Terry Nichols (1995)


Pretrial Proceedings

McVeigh’s Trial

Appeals and Execution

Should Zacarias Moussaoui Die for Usama Bin Laden’s Sins? (2006)


Early al Qaeda Attacks

Planning and Execution

Pretrial Legal Maneuvers

The Trial: Phase 1

The Trial: Phase 2


Conspiracy Theories

It Shouldn’t Happen to a Dog? The Trial of the SHAC 7 (2006)

The Roots of the Animal Rights Movement

Animal Activist Philosophy and Tactics

Federal Legislation to Protect Scientists Using Animals

Stop Huntington Animal Cruelty (SHAC)

SHAC’s Website

Indictments and Trial

Andrew Baker

Sally Dillenback

Marion Harlos

Robert Harper

Conviction and Appeal


All My Trials Soon Be Over? Sami Al-Arian (2005–2010)

Al-Arian’s Terrorism Trial

Al-Arians Civil Contempt Case

Al-Arians Criminal Contempt Case

The Final Chapter?

Victims Fight Back: The Persian Antiquities Cases (2001–2012)

The Museum of Fine Arts

The Arthur M. Sackler Museum of Harvard University

The Field Museum

The Oriental Institute

2010 Developments

Who Does Own Antiquity?

Two Postscripts

The Supreme Court Declines to Intervene

At the Tipping Point on the Scales of Justice: National Security vs. Civil Liberties (When a U.S. Citizen Is Declared an Unlawful Enemy Combatant)

Introduction: The Laws of War, War Crime Trials, and Combatants’ Rights

Children of a Lesser God? Second-Class Citizens and Unlawful Enemy Combatants

Enter Jose Padilla

The Litigation Carnival Moves South

Padilla’s Pretrial Perambulations

Padilla’s Trial and Post-Trial Proceedings

Conspiracy Theories

Of Wannabes and Bumblers: The Fort Dix Conspirators and the Underwear Bomber

The Fort Dix Wannabes

The Target

The Plotters

The Underwear Bomber

Lone Madman or Freelance Jihadist? Nidal Malik Hasan and the Fort Hood Shootings (2009)


The Shootings and the Legal Proceedings to Date

Anwar al-Awlaki and the Yemeni Connection


The Yemeni Connection (Redux): What the Times Square Bomber Case Portends


Legal Proceedings and Trial

Accomplices and Co-Conspirators?


New Challenges Loom


About the Author

James Ottavio Castagnera, J.D., Ph.D., has 30 years of broad and varied experience in law, labor relations, and risk management. He has been the director of university communication at Case Western Reserve University and a law professor at the University of Texas at Austin, the Wharton School of the University of Pennsylvania, and the Widener University School of Law. For the past 17 years, he has served as the associate provost and associate counsel for academic affairs at Rider University, where he is an associate professor of legal studies in the College of Business Administration. He has published 18 previous books, as well as numerous journal, magazine and newspaper articles, primarily on higher education and human resources law, as well as on aspects of risk management.

Subject Categories

BISAC Subject Codes/Headings:
COMPUTERS / Security / General
LAW / Criminal Law / General
POLITICAL SCIENCE / Political Freedom & Security / Terrorism