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National Security Law Commons

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Georgetown Law Faculty Publications and Other Works

2008

9-11

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Full-Text Articles in National Security Law

Panel: Restrictions On Freedom Of Association Through Material Support Prohibitions And Visa Denials, David Cole Jan 2008

Panel: Restrictions On Freedom Of Association Through Material Support Prohibitions And Visa Denials, David Cole

Georgetown Law Faculty Publications and Other Works

In the 1950s, we were afraid of communism. We were afraid, in particular, of the Soviet Union, the world's second greatest superpower, which was armed with masses of nuclear warheads aimed at all our largest cities. As a result, we fought the Cold War, engaged in espionage, proxy wars, and an arms race. We also took aggressive preventive measures at home. The principal preventive measure of that period was guilt by association. We made it a crime to be a member of the Communist Party, and we created a whole administrative scheme to implement and enforce this notion of guilt …


Less Safe, Less Free: A Progress Report On The War On Terror: Address To The Terrorism & Justice Conference At The University Of Central Missouri, David Cole Jan 2008

Less Safe, Less Free: A Progress Report On The War On Terror: Address To The Terrorism & Justice Conference At The University Of Central Missouri, David Cole

Georgetown Law Faculty Publications and Other Works

The Bush Administration since 9-11 has adopted a strategy, which in some sense depends upon the ability to predict with incredible accuracy at what will happen in the future. It was given its name by the U.S. Attorney General during the first Bush Administration, Missouri’s John Ashcroft, who argued that what we need in the wake of 9-11 is a “preventive paradigm.” The argument is understandable: when facing foes who are willing to commit suicide in order to inflict mass casualties on innocent civilians, it is not enough to bring them to justice after the fact. The perpetrators are dead--and …