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Homeland Security Legal Process Project

Homeland Security Legal Process Project
Assume that you are legal counsel for the Scorpions, a militant non-governmental subset of a Serbian political opposition group, the Bosniak Srpska. During a strategic planning meeting with top officials, Scorpion Sub-Commander Bensayah Belkacem is discussing his plans to commit violent attacks against U.S. citizens and property. Sub-Commander Belkacem confides that these acts will be performed on behalf of the internationally recognized government of Pasdora, which is a small country located in Southwestern Asia near the Caspian Sea.
Sub-Commander Belkacem knows that you have been educated in the U.S. and have studied legal and political issues involving U.S. domestic and foreign policy, particularly in the areas of Homeland Security and the U.S.’ professed Global War on Terror / Overseas Contingency Operations. During the meeting your opinion on the following matters is asked:
If the U.S. learns about the Scorpion’s plan, is President Obama empowered to order a military attack against us If yes, how would he most likely justify his actions
If the U.S. military detains our fighters and transfers them to Saudi Arabia (a country known to torture people) for questioning, what is this process called Does U.S. public policy allow for such a practice If the current U.S. policy is to allow such a practice, is this policy lawful
As part of its Global War on Terror, many captured fighters were sent to Guantanamo Bay, Cuba. If our soldiers are taken there, is it likely that they–none of whom are citizens of the U.S.–will be able to access the U.S. Federal Court System and wage litigation warfare What is the background and current status of this issue
What is a military tribunal Has the U.S. used military tribunals in the past Is the U.S. currently using military tribunals and, if so, what is their status
Is it true that the U.S. spies on its own citizens What are/were some of the governmental organizations/agencies involved in doing this Is it lawful for the military to participate in this type domestic activity
If we believe the U.S. is going to attack us, is it lawful for us to attack them first How would we justify it
We understand the U.S. has a document called the Constitution. Describe its framework and the main concepts, powers and rights that it contains
Which branch of the U.S. federal government is the most powerful
Responses to each question should be a minimum of at least two-pages in length. Each question will be on separate pages clearly identified by the numbered question. Each numbered response will be referenced and have basis in a U.S. law, statute, or regulation at the end of each question.

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