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Foreign Surveillance And Incidental U.S. Communications: Concerns Of Amnesty V. Mcconnell, Tarik N. Jallad
Foreign Surveillance And Incidental U.S. Communications: Concerns Of Amnesty V. Mcconnell, Tarik N. Jallad
Tarik N. Jallad
Even with the most recent amendments to the Foreign Intelligence Surveillance Act, questions still remain regarding the constitutional protections implicated during foreign and U.S. communications. In particular, Amnesty v. McConnell concerns the incidental U.S. communications that could be acquired during warrantless surveillance of a non-U.S. person overseas. While explicit Fourth Amendment protections are in place for U.S. citizens and permanent residents, the same is not true for the non-U.S. person located outside the nation’s borders. In conjunction with the 2008 Amendments Act, FISA attempts to adhere to the murky constitutional requirements demanded in this situation. However, some critics are not …
Al Maqaleh V. Gates: An Unworkable Application Of The Boumediene Factors, Tarik N. Jallad
Al Maqaleh V. Gates: An Unworkable Application Of The Boumediene Factors, Tarik N. Jallad
Tarik N. Jallad
This paper analyzes the recent D.C. District Court decision in al Maqaleh v. Gates. The issue in al Maqaleh was whether the Suspension Clause of the U.S. Constitution reaches four detainees held at the Bagram military facility in Afghanistan. The court answers this question by invoking the three factors used in Boumediene v. Bush, splitting them into six factors and systematically applying each one to the alleged facts surrounding the Bagram detainees and their detention facility. In this application, the court relies primarily on a model, comparing on one hand, the facts and facility involved in the post-World War Two …