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Page 13
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 1:51 AM
DATE MODIFIED:
1/6/2017 4:07 AM
33. In order to be considered a “deportable alien,” a person must:
a.
deny his or her deportability when questioned by officials.
b.
have been found deportable by the Supreme Court.
c.
refuse to cooperate with officials.
d.
admit to his or her deportability when questioned by officials or have been found deportable by an
immigration judge.
ANSWER:
d
POINTS:
1
REFERENCES:
Illegal Immigrants and the Constitution
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 1:53 AM
DATE MODIFIED:
1/6/2017 4:07 AM
34. Which of the following terms refers to persons born outside the United States who are now either citizens or
permanent legal residents?
a.
aliens
b.
refugees
c.
persons
d.
immigrants
ANSWER:
d
POINTS:
1
REFERENCES:
Illegal Immigrants and the Constitution
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 1:55 AM
DATE MODIFIED:
1/6/2017 4:07 AM
35. Stopping travelers in vehicles at a fixed checkpoint for brief questioning about their citizenship and immigration
status:
a.
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Page 14
b.
c.
d.
ANSWER:
c
POINTS:
1
REFERENCES:
Illegal Immigrants and the Constitution
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 1:58 AM
DATE MODIFIED:
1/6/2017 4:07 AM
36. The FBI is both a law enforcement agency and an intelligence agency.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.03 – Understand that FISA was enacted to protect the security of all U.S.
persons from foreign terrorism. Know that the secret FISA court (FISC) oversees
counterterrorism and counterintelligence investigations to balance this national security
interest against the privacy rights of U.S. citizens.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:00 AM
DATE MODIFIED:
1/6/2017 4:07 AM
37. Military commissions try military personnel for violating the Uniform Code of Military Justice.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Trying Terrorism Defendants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.09 – Know the two different views of terrorism and understand the
strengths and weaknesses of each to prosecute people who have committed terroristic acts.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:02 AM
DATE MODIFIED:
1/6/2017 4:07 AM
38. The jurisdiction of military commissions applies only to noncitizens.
a.
True
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Page 15
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Trying Terrorism Defendants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.09 – Know the two different views of terrorism and understand the
strengths and weaknesses of each to prosecute people who have committed terroristic acts.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:04 AM
DATE MODIFIED:
1/6/2017 4:07 AM
39. Sneak-and-peek searches were first created by the USA Patriot Act.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.04 – Understand the counterterrorism and counterintelligence tools that
are part of the USA Patriot Act. Know that the Patriot Act didn’t create these tools but made
it easier for the government to apply them to counterterrorism investigations.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:06 AM
DATE MODIFIED:
1/6/2017 4:07 AM
40. The Patriot Act created National Security Letters.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.05 – Know that the National Security Letters (NSLs) allow the FBI to
obtain metadata from all customer records for intelligence-gathering purposes from telephone
companies, internet service providers, and financial institutions.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:08 AM
DATE MODIFIED:
1/6/2017 4:07 AM
41. There is no publicly available official count of terrorist sting operations.
a.
True
b.
False
ANSWER:
True
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POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.06 – Know that the Capone approach and sting operations are preventive
counterterrorism and counterintelligence efforts not covered by the scope of the USA Patriot
Act. Understand that these proactive approaches pose a challenge to the FBI to decide when
individuals move from lawfully expressing radical ideas to engaging in violent extremist acts.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:09 AM
DATE MODIFIED:
1/6/2017 4:07 AM
42. Questioning a person without Mirandizing first does not violate the Fifth Amendment right against self-incrimination.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Miranda v. Arizona and Terrorism Suspects
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.07 – Understand the controversy over Miranda warnings for persons
detained on suspicion of terrorist acts. Know that the U.S. Department of Justice has both
reaffirmed its commitment to the Miranda rule and encouraged agents to interpret the public
safety exception broadly in terror cases.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:13 AM
DATE MODIFIED:
1/6/2017 4:07 AM
43. Collecting huge volumes of metadata about U.S. persons does not violate their rights.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
National Security Agency (NSA) Surveillance
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.08 – Know that the CIA has to follow the same rules and regulations for
counterterrorism operations as the FBI. Appreciate that information about U.S. persons is
unavoidably collected when gathering foreign intelligence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:14 AM
DATE MODIFIED:
1/6/2017 4:07 AM
44. The USA Patriot Act expanded the power of the FBI to monitor and search suspects in counterterrorism
investigations.
a.
True
b.
False
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ANSWER:
True
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.04 – Understand the counterterrorism and counterintelligence tools that
are part of the USA Patriot Act. Know that the Patriot Act didn’t create these tools but made
it easier for the government to apply them to counterterrorism investigations.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:16 AM
DATE MODIFIED:
1/6/2017 4:07 AM
45. SCOTUS has ruled that stopping travelers at fixed checkpoints for brief questioning about their citizenship or
immigration status is constitutional.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Illegal Immigrants and the Constitution
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:18 AM
DATE MODIFIED:
1/6/2017 4:07 AM
46. Sneak-and-peek warrants are a variation of no-knock entries.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.04 – Understand the counterterrorism and counterintelligence tools that
are part of the USA Patriot Act. Know that the Patriot Act didn’t create these tools but made
it easier for the government to apply them to counterterrorism investigations.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:20 AM
DATE MODIFIED:
1/6/2017 4:07 AM
47. Out of the thousands of National Security Letters issued by the FBI, more than half have been challenged in court.
a.
True
b.
False
ANSWER:
False
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POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.05 – Know that the National Security Letters (NSLs) allow the FBI to
obtain metadata from all customer records for intelligence-gathering purposes from telephone
companies, internet service providers, and financial institutions.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:22 AM
DATE MODIFIED:
1/6/2017 4:07 AM
48. In Demore v. Kim, SCOTUS ruled that mandatory detention for criminal aliens pending removal proceedings always
violates due process.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Illegal Immigrants and the Constitution
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:24 AM
DATE MODIFIED:
1/6/2017 4:07 AM
49. Aliens and immigrants who commit a “new” crime while on U.S. soil are entitled to the full protection of all the rights
and proceedings provided to a U.S. citizen.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Illegal Immigrants and the Constitution
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:26 AM
DATE MODIFIED:
1/6/2017 4:07 AM
50. It has been the national policy of the United States for many years to limit immigration into the country.
a.
True
b.
False
ANSWER:
True
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Page 19
POINTS:
1
REFERENCES:
Illegal Immigrants and the Constitution
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:28 AM
DATE MODIFIED:
1/6/2017 4:07 AM
51. The _______________ approach and FBI _______________ operations are preventative counterterrorism and
counterintelligence tactics.
ANSWER:
Capone; sting
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.06 – Know that the Capone approach and sting operations are preventive
counterterrorism and counterintelligence efforts not covered by the scope of the USA Patriot
Act. Understand that these proactive approaches pose a challenge to the FBI to decide when
individuals move from lawfully expressing radical ideas to engaging in violent extremist acts.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:30 AM
DATE MODIFIED:
1/6/2017 4:07 AM
52. Searches of private places without the consent or knowledge of the occupants are called _______________-and-
_______________ searches.
ANSWER:
sneak; peek
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.04 – Understand the counterterrorism and counterintelligence tools that
are part of the USA Patriot Act. Know that the Patriot Act didn’t create these tools but made
it easier for the government to apply them to counterterrorism investigations.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:32 AM
DATE MODIFIED:
1/6/2017 4:07 AM
53. The U.S. Department of Justice encourages agents to interpret the _______________ _______________ exception to
the Miranda rule broadly in terror cases.
ANSWER:
public safety
POINTS:
1
REFERENCES:
Miranda v. Arizona and Terrorism Suspects
QUESTION TYPE:
Completion
HAS VARIABLES:
False
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Page 20
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.07 – Understand the controversy over Miranda warnings for persons
detained on suspicion of terrorist acts. Know that the U.S. Department of Justice has both
reaffirmed its commitment to the Miranda rule and encouraged agents to interpret the public
safety exception broadly in terror cases.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:34 AM
DATE MODIFIED:
1/6/2017 4:07 AM
54. The _______________ Administration declared that most of the detainees captured in the war in Afghanistan were
unlawful enemy combatants.
ANSWER:
Bush
POINTS:
1
REFERENCES:
Counterterrorism and the War Powers
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.02 – Understand the role of the FBI in counterterrorism and
counterintelligence efforts. Appreciate the emphasis on the prevention of terrorism since the
9/11 attacks.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:36 AM
DATE MODIFIED:
1/6/2017 4:07 AM
55. Counterterrorism and counterintelligence efforts have evolved to keep up with the increasing sophistication of
_______________.
ANSWER:
technology
POINTS:
1
REFERENCES:
Criminal Procedure in the Digital Age: Homegrown Terrorist Suspects and ISIS
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.10 – Appreciate how counterterrorism and counterintelligence
investigations have evolved in the ever-changing digital age.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:39 AM
DATE MODIFIED:
1/6/2017 4:07 AM
56. A panel of military officers with the authority to try enemy combatants for war crimes is a(n)
_______________ ________________.
ANSWER:
military commission
POINTS:
1
REFERENCES:
Trying Terrorism Defendants
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.09 – Know the two different views of terrorism and understand the
strengths and weaknesses of each to prosecute people who have committed terroristic acts.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:42 AM
DATE MODIFIED:
1/6/2017 4:07 AM
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Page 21
57. Acts committed during wartime that inflict needless suffering and damage when pursuing a military objective are
called _______________ _______________.
ANSWER:
war crimes
POINTS:
1
REFERENCES:
Trying Terrorism Defendants
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.09 – Know the two different views of terrorism and understand the
strengths and weaknesses of each to prosecute people who have committed terroristic acts.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:45 AM
DATE MODIFIED:
1/6/2017 4:07 AM
58. Ordinary federal courts are also referred to as _______________ _______________ courts.
ANSWER:
Article III
POINTS:
1
REFERENCES:
Trying Terrorism Defendants
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.09 – Know the two different views of terrorism and understand the
strengths and weaknesses of each to prosecute people who have committed terroristic acts.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:48 AM
DATE MODIFIED:
1/6/2017 4:07 AM
59. An open-ended nondisclosure provision that bars recipients from disclosing facts or contents of a National Security
Letter is called a(n) _______________ order.
ANSWER:
gag
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.05 – Know that the National Security Letters (NSLs) allow the FBI to
obtain metadata from all customer records for intelligence-gathering purposes from telephone
companies, internet service providers, and financial institutions.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:50 AM
DATE MODIFIED:
1/6/2017 4:07 AM
60. _______________ are people who have been forced to leave their country to escape war, persecution, or natural
disaster.
ANSWER:
Refugees
POINTS:
1
REFERENCES:
Illegal Immigrants and the Constitution
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.01 – Understand how courts balance government needs against
DATE MODIFIED:
1/6/2017 4:07 AM
individual Fourth Amendment rights when people are detained to determine their
immigration status.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 2:52 AM
DATE MODIFIED:
1/6/2017 4:07 AM
61. What is the relationship of the Miranda warnings and of the public safety exception to terrorism suspects? Provide an
example of the difficulty law enforcement agents must address when dealing with Miranda in the effort to prevent
terrorism.
ANSWER:
When and whether to give Miranda warnings to persons detained on suspicion of terrorist
acts is a hotly debated issue, partly because some suspects may be held as unlawful enemy
combatants. Although the U.S. Department of Justice has reaffirmed its commitment to the
Miranda rule, it also encourages agents to interpret the public safety exception to the
Miranda rule broadly in terror cases. Practical examples of the difficulties in the relationship
between terrorism and Miranda can be seen in the “underwear bomber” case and in the
explosion at the Boston Marathon.
POINTS:
1
REFERENCES:
Miranda v. Arizona and Terrorism Suspects
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.07 – Understand the controversy over Miranda warnings for persons
detained on suspicion of terrorist acts. Know that the U.S. Department of Justice has both
reaffirmed its commitment to the Miranda rule and encouraged agents to interpret the public
safety exception broadly in terror cases.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/6/2017 2:54 AM
DATE MODIFIED:
1/6/2017 4:07 AM
62. What is the Foreign Intelligence Surveillance Act? Why is it important for the war on terrorism?
ANSWER:
The Foreign Intelligence Surveillance Act (FISA) is the national security law that Congress
enacted in 1978. FISA (a) created the framework for surveillance and investigation to protect
the security of all people lawfully inside the United States from foreign terrorism and
intelligence that would do them harm; and (b) created the FISA court (FISC) to oversee FBI
counterterrorism and counterintelligence investigations in order to balance the national
security interest and the privacy of U.S. citizens—their right to be spied on by their own
government only according to established procedures. FISA authorizes certain government
surveillance of communications for foreign intelligence purposes. The four main elements in
this statute include: application, objective basis, minimization guidelines, and ex parte order.
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.03 – Understand that FISA was enacted to protect the security of all U.S.
persons from foreign terrorism. Know that the secret FISA court (FISC) oversees
counterterrorism and counterintelligence investigations to balance this national security
interest against the privacy rights of U.S. citizens.
KEYWORDS:
DATE CREATED:
1/6/2017 2:56 AM
DATE CREATED:
1/6/2017 3:00 AM
63. What are National Security Letters (NSL)? How do they assist the FBI in preventing terrorism?
ANSWER:
The FBI sends National Security Letters (NSLs) to telephone companies, Internet Service
Providers (ISPs), consumer credit reporting agencies, banks, and other financial institutions
“directing the recipients to turn over all of the metadata (i.e., noncontent information, such as
an e-mail address but not the message) from all customer records for intelligence-gathering
purposes (Doyle 2011, 1). Examples of the importance of NSLs in fighting terrorism include:
identifying telephone numbers called by associates of terror suspects to initiate investigations
into possible terrorist cells, convicting a representative of a foreign power, identifying
connections between suspected terrorists and federal criminal convicts, conducting
counterintelligence investigations of sources, investigating the financial support of terrorism,
and investigating narcotics trafficking.
POINTS:
1
REFERENCES:
Counterterrorism, Counterintelligence, and the FBI
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.05 – Know that the National Security Letters (NSLs) allow the FBI to
obtain metadata from all customer records for intelligence-gathering purposes from telephone
companies, internet service providers, and financial institutions.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/6/2017 2:58 AM
DATE MODIFIED:
1/6/2017 2:22 PM
64. Identify and describe the significance of the three sources that have affected the balance between security and
individual privacy in the detention of terrorist suspects since 9/11.
ANSWER:
Since 9/11, three official acts document the changes in the balance between preserving
national security and the rights of individuals to come and go as they please. These three acts
are: (1) Presidential Proclamation 7463; (2) Congressional “Authorization for Use of Military
Force;” and (3) the president’s military order of November 13, 2001 (“Detention, Treatment,
and Trial of Certain Non-Citizens in the War Against Terrorism”). Presidential Proclamation
7463 declared a “national emergency by reason of certain terrorist attacks.” That same day,
Congress threw its weight behind the president’s war powers in a joint resolution,
“Authorization for Use of Military Force.” Finally, President Bush issued the Military Order
of November 13, 2001 to establish military commissions for the trial of non-citizens accused
of engaging in terrorist activities.
POINTS:
1
REFERENCES:
Counterterrorism and the War Powers
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.02 – Understand the role of the FBI in counterterrorism and
counterintelligence efforts. Appreciate the emphasis on the prevention of terrorism since the
9/11 attacks.
CRPR.SAMA.18.15.03 – Understand that FISA was enacted to protect the security of all U.S.
persons from foreign terrorism. Know that the secret FISA court (FISC) oversees
counterterrorism and counterintelligence investigations to balance this national security
interest against the privacy rights of U.S. citizens.
KEYWORDS:
BLOOM’S: Understand
ANSWER:
There are three sources of authority for the Military Order of November 13, 2001:
(1) The Constitution, Article II, Section II, makes the president “the commander in chief” of
the Armed Forces. As such, he is responsible for trying terrorists.
(2) Article II, Section II also imposes responsibility on the president to “take care that the
laws shall be faithfully executed.” These laws include trying war crimes under the articles of
war and the Authorization for Use of Military Force passed by a joint congressional
resolution on September 14, 2001.
(3) The joint congressional resolution authorizes the president to use “all necessary and
appropriate force against those nations, or organizations, or persons he determines planned,
authorized, committed, or aided” or “harbored” such persons.
The military commissions’ authority only applies to noncitizens.
POINTS:
1
REFERENCES:
Trying Terrorism Defendants
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.15.09 – Know the two different views of terrorism and understand the
strengths and weaknesses of each to prosecute people who have committed terroristic acts.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/6/2017 3:02 AM
DATE MODIFIED:
1/6/2017 2:22 PM