nationalsecuritylaw DEADLINE Feb. 1: The 5th Annual National Security Law Faculty Workshop

January 29, 2012

A final reminder: February 1st is the deadline for letting us know if you would like to present at or just attend the 5th Annual National Security Law Faculty Workshop. See below, or the attached.

From: Robert Chesney []
Sent: Thursday, November 17, 2011 3:54 PM
Subject: [nationalsecuritylaw] save the date/call for papers: The 5th Annual National Security Law Faculty Workshop

Please pass this along to anyone whom you think would be interested! I hope to see many of you in Texas in the spring in connection with this event….



May 17-18, 2012

Houston, TX

Hosted by:

The University of Texas School of Law (Prof. Robert Chesney, co-host)

The South Texas College of Law (Prof. Geoff Corn, co-host)

The Judge Advocate General’s Legal Center and School (U.S. Army)

The International Committee of the Red Cross

Announcement for 5th annual workshop 2012.doc

nationalsecuritylaw United States v. Martinez (D. Maryland Jan. 26, 2012) (guilty plea)

January 29, 2012

And here’s another one, also from last week. Again, press release excerpts below (and this time the plea agreement is attached)

BALTIMORE – Antonio Martinez, aka Muhammad Hussain, 22, of Baltimore, a U.S. citizen, pleaded guilty today to attempted use of a weapon of mass destruction against federal property in connection with a scheme to attack an armed forces recruiting station in Catonsville, Md. Martinez was arrested on Dec. 8, 2010, after he attempted to detonate what he believed to be explosives at the armed forces recruiting station.

According to his plea agreement, on Oct. 22, 2010, Martinez raised the subject of attacking military targets with an FBI confidential source (CS). During the recorded conversations that followed between Martinez, the CS and later, an FBI undercover agent, Martinez identified his target — an armed forces recruiting station in Catonsville — and spoke about his anger toward America, his belief that Muslims were being unjustly targeted and killed by the American military and his desire to commit jihad to send a message that American soldiers would be killed unless the country stopped its “war” against Islam.

Martinez attempted to recruit a number of people to join in the operation, including an individual whom he said had the ability to obtain weapons. All of them declined, and one of them expressly attempted to dissuade Martinez from committing jihad. Thereafter, Martinez agreed to meet the source’s “Afghani brother,” an undercover FBI agent (UC), whom the CS represented would be interested in assisting in the operation.

According to the statement of facts, both prior to, and during the course of the investigation, Martinez articulated his militant beliefs in postings on his public Facebook page and in two Facebook chats with the CS.

According to the plea agreement, Martinez first met the UC on Nov. 16, 2010, and advised the UC that he wanted jihadist activities to be his “profession.” Throughout the course of the investigation, Martinez repeatedly expressed his desire to go forward with the attack. Martinez admitted that on Dec. 8, 2010, he met the CS to drive to a public parking lot near the recruiting center. On the way, Martinez had the CS tape him on a camcorder and a statement that he would continue to fight against the oppressors until those who waged war with Islam stopped their actions. Martinez subsequently attempted to detonate an explosive device at the armed forces recruiting station. Martinez admitted that the bomb was intended to kill military service members who worked in the building. As set forth in court documents, agents investigating Martinez ensured that the bomb was inert and no danger was presented to the public.

If the court accepts the plea, Martinez will be sentenced to 25 years in prison, which the government and the defendant have agreed is the appropriate disposition of the case. U.S. District Judge J. Frederick Motz has scheduled sentencing for April 6, 2012, at 9:00 a.m.


nationalsecuritylaw United States v. Melaku (E.D. Va. Jan. 26, 2012) (guilty plea)

January 29, 2012

From the government’s press release (see also attached statement of facts from the plea agreement)

ALEXANDRIA, Va. – Yonathan Melaku, 23, of Alexandria, Va., pleaded guilty today to damaging property and firearms violations involving five separate shootings at military installations in northern Virginia between October and November 2010 and attempting to injure veterans’ memorials at Arlington National Cemetery.

Melaku pleaded guilty to a three-count information that included injuring property of the United States, use of a firearm during a crime of violence and attempted injury to veterans’ memorials on U.S. property. The defense and government jointly recommended in the plea agreement a sentence of 25 years in prison. He will be formally sentenced on April 27, 2012.

According to the statement of facts filed with his plea agreement, Melaku admitted that he carried out a series of five shootings from Oct. 17, 2010, through Nov. 2, 2010, at the following locations: the National Museum of the Marine Corps (twice), the Pentagon, a Marine Corps recruiting sub-station in Chantilly, Va., and a U.S. Coast Guard recruiting office in Woodbridge, Va. Each shooting took place late at night or early in the morning and involved multiple 9mm rounds fired at each building. The cost for repairs at the facilities exceeded $100,000.

Melaku admitted today that during the second shooting at the National Museum of the Marine Corps, he set up a video camera within the interior of his vehicle to record the shooting incident. The video shows Melaku repeatedly firing a handgun out the passenger-side window, and he narrates the incident on the video and states, among other things: That’s my target. That’s the military building. It’s going to be attacked” and at the conclusion of multiple shots exclaiming “Allahu Akbar” repeatedly.

In his statement of facts, Melaku stated that he attempted to flee law enforcement after being spotted on the property of Ft. Myer in Arlington, Va., at approximately 1:30 a.m. on June 17, 2011. During the pursuit, he dropped a backpack that contained numerous spent 9mm shell casings; four bags containing ammonium nitrate, and a spiral notebook with numerous Arabic statements referencing the Taliban, al Qaeda, Osama bin Laden, “The Path to Jihad,” as well as a list of several other individuals associated with foreign terrorist organizations.

Melaku admitted that, at the time of his apprehension, he was attempting to enter the area of Arlington National Cemetery containing graves of deceased Iraq and Afghanistan war veterans, intending to desecrate and injure the grave markers by spray-painting the markers with Arabic statements and by leaving the ammonium nitrate he was carrying at the sites of the grave markers.

On June 17, 2011, during a search of his residence, FBI search teams found Melaku had stored within the bedroom closet of his residence a typed list titled “Timer” that included nine items that Melaku admitted are consistent with what would be required to construct the firing mechanism for an explosive device. Four of those items had been crossed through.

Melaku Statement of Facts.pdf

nationalsecuritylaw Feb 1 symposium at Emory

January 24, 2012

On February 1, 2012, the Emory International Law Review will host “International Law and the Internet: Adapting Legal Frameworks in Response to Online Warfare and Revolutions Fueled by Social Media.” The symposium will explore the various and novel legal issues surrounding the intersection of the Internet and international law, with a focus on human rights law and the law of war.

Recent cyber attacks and escalating cyber war rhetoric around the globe present today’s legal scholars and decision makers with difficult questions on how—or whether—to apply traditional notions of the law of war in the cyber realm. In addition, increased Internet access and social media is shaping modern societies and the ways in which people interact. The Internet is used by the
masses to spur public debate, organize peaceful gatherings, and even foment political revolutions; while some governments use Internet censorship as a tool to do just the opposite. Now, more than ever, there is a growing need for legal scholarship, discussion, and further clarification on how international law should treat the emergence of these technological advances.

Co- sponsored by Emory’s Center for International and Comparative Law and the American Society of International Law’s Lieber Society on the Law of Armed Conflict, this Symposium will feature two panel presentations and a keynote address delivered by Eric Greenwald, Senior Advisor to the Director of Operations at U.S. Cyber Command. The first panel starts at 9:45 am and is entitled “How Internet Access and Social Media Have Changed Revolutionary Tactics and Government Response,” with speakers Ryan Budish, (Harvard University, Berkman Center for Internet and Society); Ramnath Chellappa, (Emory University, Goizueta Business School); and Sascha Meinrath, (New America Foundation, Open Technology Initiative). The keynote address by Eric Greenwald is at 12:30 pm, followed by the second panel at 1:30 pm: “Re-Conceptualizing International Law Frameworks in Response to the Threat of Cyber Warfare”, which features Col. Gary Brown, (U.S. Cyber Command); Eric Jensen, (Brigham Young University Law School); Catherine Lotrionte, (Georgetown University Law Center, Institute for Law, Science and Global Security); and Michael N. Schmitt, (U.S. Naval War College).

The full agenda and additional information about registration, CLE credit, and parking is available on EILR’s website:

nationalsecuritylaw Fwd: Invitation to “The Law of Counterterrorism” on February 2, at 3:15 pm

January 24, 2012


The Georgetown Center on

National Security and the Law

Cordially invites you to a critical discussion of a newly-published book

by the ABA Section of Administrative Law and Regulatory Practice:

“The Law of Counterterrorism”


John Altenburg, Jr.

former Fellow, International Assessment and Security Center

Author of “Military Commissions”

Jeffrey Breinholt

National Security Division, Department of Justice

Author of “The Revolution of Substantive Criminal Counterterrorism Law: “Material Support” and its Philosophical Underpinnings”

W. George Jameson

former Director, Office of Policy & Coordination, CIAAuthor of “Intelligence and the Law: Introduction to the Legal and Policy Framework Governing Intelligence Community Counterterrorism Efforts”


Jennifer Daskal

Fellow, Georgetown Center on National Security and the Law

Stephen Vladeck

Professor, American University Washington College of Law

Moderated by

Marty Lederman

Associate Professor, Georgetown University Law Center

3:15 pm

Thursday, February 2, 2012

Hart Auditorium

Georgetown University Law Center

600 New Jersey Avenue

Washington, DC 20002

Reception to Follow

RSVP to rsvp2.

Please contact nationalsecurity with questions.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Georgetown Center on National Security and the Law

600 New Jersey Ave, NW

Williams 361

Washington, DC 20001


Georgetown ABA Law of Counterterrorism Book Event 2.2.12.docx

nationalsecuritylaw Lebron v. Rumsfeld (4th Cir. Jan. 23, 2012) (affirming dismissal of complaint)

January 23, 2012

A Fourth Circuit panel (Wilkinson, joined by Motz and Duncan) has affirmed dismissal of a civil suit brought in relation to the military detention of Jose Padilla, concluding among other things that no Bivens remedy should lie in these circumstances. The opinion is posted, at least for now, here.

nationalsecuritylaw United States v. Muhtorov (D. Col. Jan. 21, 2012) (material support arrest in Chicago)

January 23, 2012

This weekend, authorities arrested a man in Chicago, charging that he was attempting to provide himself (and actually providing himself) as personnel to the Islamic Jihad Union—a designated foreign terrorist organization focused on affairs in Uzbekistan. The attached arrest affidavit draws on extensive email surveillance to support the charge. Details from the press release appear below:

DENVER – Jamshid Muhtorov, aka Abumumin Turkistony, aka Abu Mumin, 35, of Aurora, Colo., was arrested Saturday afternoon at Chicago’s O’Hare Airport by members of the FBI’s Denver and Chicago Joint Terrorism Task Forces on a charge of providing and attempting to provide material support to a designated foreign terrorist organization, the Department of Justice announced today. The arrest took place without incident. Muhtorov made his initial appearance in U.S. District Court in Chicago this morning.

Muhtorov’s arrest is the result of a long-term investigation conducted by the FBI’s Denver Joint Terrorism Task Force. The Chicago Joint Terrorism Task Force provided investigative support.

The defendant is a refugee from Uzbekistan. According to the criminal complaint, which was obtained in Denver and initially filed under seal, Muhtorov indicated that he planned to travel overseas where he intended to fight on behalf of the Islamic Jihad Union (IJU), a designated foreign terrorist organization.

The IJU, a Pakistan-based extremist group, adheres to an anti-western ideology, opposes secular rule in Uzbekistan and seeks to replace the current regime with a government based on Islamic law. In addition to conducting suicide attacks in Uzbekistan, the IJU has claimed responsibility for numerous attacks against coalition forces in Afghanistan.

Muhtorov allegedly has sworn allegiance to the IJU, stating he was ready for any task, even with the risk of dying. The alleged activities of Muhtorov highlight the continued interest of extremists residing in the United States to join and support overseas terrorists.

The government does not allege that Muhtorov was plotting attacks against any targets inside the United States.

The defendant is charged by criminal complaint with one count of providing and attempting to provide material support to a designated foreign terrorist organization, specifically provision and attempted provision of personnel to the IJU. If convicted, Muhtorov faces a maximum sentence of 15 years in prison and up to a $250,000 fine.

This case was investigated by the FBI’s Joint Terrorism Task Force, which is comprised of local, state and federal law enforcement agencies in cities across the country. The investigation was also aided by the Counter-Terrorism Section of the Justice Department’s National Security Division.

Muhtorov is being prosecuted by Assistant U.S. Attorney Greg Holloway.

The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.

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