TRIALS BY FIRE - Belfer Center for Science and International Affairs

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TRIALS BY FIRE - Belfer Center for Science and International Affairs

EndnotesThe Legal Architecture of American National Security1. Baker, James. In the Common Defense: National Security Law for Perilous Times. Cambridge:Cambridge University Press, 2007.2. Ibid, p.58.3. Baker, pp.49-50; Cole, David. “Why the Court Said No.” The New York Review of Books.Volume 53, Number 13. 10 August 2006.4. Authorization for Use of Military Force. 18 September 2001, Public Law 107-40 [S. J. RES. 23].5. US Department of Justice. “Legal Authorities Supporting the Activities of the NationalSecurity Agency Described by the President.” 19 January 2006. Available from Findlaw:http://news.findlaw.com/hdocs/docs/nsa/dojnsa11906wp.pdf.6. Supreme Court of the United States. Syllabus for Hamdan v. Rumsfeld, Secretary of Defense,et al. 548 U.S. 557 (2006). http://www.supremecourt.gov/opinions/05pdf/05-184.pdf.7. Shulman, Mark. The Progressive Era Origins of the National Security Act. Dickinson LawReview. Winter 2000; Baker; National Security Act, Sec 2.8. Koh, Harold Hongju. The National Security Constitution: Sharing Power After the Iran-Contra Affair. New Haven: Yale University Press, 1990. p.102.9. Connery, Robert. “American Government and Politics: Unification of the Armed Forces,the First Year.” The American Political Science Review. Vol 43, No. 1 (February 1949). p.41.Writing in 1949, Connery recalled that, “There are many individuals who nostalgicallyrecall the ‘good old days’ when each service went its separate way, and on the other handthere are those who deride the possibility of any accomplishment until a single militarydepartment has been created.”10. Risen, James and Eric Lichtblau. “Bush Lets U.S. Spy on Callers Without Courts.” The NewYork Times. 16 December 2005.11. The term “warrantless wiretapping” was technically incorrect, as the process relied uponintercepting electronic communication that oftentimes did not require the ‘tapping’ of a wire.12. Bazan, Elizabeth B. “The Foreign Intelligence Surveillance Act: Comparison of the SenateAmendment to H.R. 3773 and the House Amendment to the Senate Amendment to H.R.3773.” 12 June 2008.13. Ibid; Congressional Record (House) 20 June 2008. 19 March 2009.14. Hess, Pamela. “House immunizes telecoms from lawsuits.” The Washington Times. 20 June2008.15. Temple-Raston, Dina. “Terrorism Case Shows Range of Investigators’ Tools.” NPR. 3October 2009.16. Intelligence Reform and Terrorism Prevention Act of 2004 (H.Rpt. 108-796).134 Trials by Fire: Counterterrorism and the Law

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