Deck 15: Counterterrorism

Question 1

In order to hold a noncitizen, the Attorney General of the U.S. must show that there exists "_____ to believe" that the individual has engaged in terrorist activities.

A)evidence
B)modified probable cause
C)probable cause
D)reasonable grounds

Answer 1

D

Question 2

The USA PATRIOT Act allows noncitizens to be detained for how long without being charged with a criminal or immigration violation?

A)12 hours
B)7 days
C)30 days
D)Indefinitely

Answer 2

B

Question 3

By what logic are counterterrorism officials allowed to monitor attorney-client communications under certain, limited circumstances?

A)Terrorists have no civil rights.
B)Terror suspects have no civil rights.
C)Attorney-client privilege does not extend to the discussion of evidence of acts of terrorism.
D)Attorney-client privilege does not extend to the furtherance of acts of terrorism.

Answer 3

D

Question 4

Which of the following is not one of the primary purposes of the USA PATRIOT Act?

A)To introduce procedural reforms making it easier to investigate acts of terrorism
B)To introduce procedural reforms making it easier to deter acts of terrorism
C)To define new federal criminal offenses related to terrorism
D)To create a new federal agency to oversee the security of the country

Question 5

In order to seize tangible records, the FBI must demonstrate what about the records?

A)That there are reasonable grounds to believe the records are relevant to the investigation of terrorism
B)Probable cause to believe the records are relevant to the investigation of terrorism
C)There exists a preponderance of the evidence that the records are relevant to the investigation of terrorism
D)Proof beyond a reasonable doubt that the records are relevant to the investigation of terrorism

Question 6

In order to obtain access to information the FBI believes to be relevant to an investigation of terrorism without a court order, a/an _____ must be issued.

A)FISA court order
B)general warrant
C)material witness warrant
D)national security letter

Question 7

Which of the following is not a primary characteristic of the U.S. State Department's definition of terrorism?

A)Political motivation
B)Violence perpetrated against noncombatants
C)Intended to kill high numbers of victims
D)Carried out by a sub-national group

Question 8

According to FISA, the U.S. attorney general can authorize emergency surveillance of a U.S. citizen for how long before obtaining a warrant?

A)12 hours
B)7 days
C)30 days
D)90 days

Question 9

According to the 2006 amendment to the USA PATRIOT Act, the standard delay of notification of a sneak-and-peek search is set at _____.

A)12 hours
B)7 days
C)30 days
D)90 days

Question 10

Terrorism that involves individuals from more than one country or territory of more than one country is known as _____.

A)domestic terrorism
B)global terrorism
C)international terrorism
D)state-sponsored terrorism

Question 11

In 2001, President Bush issued an order stating that unlawful enemy combatants were to be tried before _____.

A)federal civilian courts
B)special grand juries
C)military commissions
D)undisclosed tribunals

Question 12

An individual who is believed to posses material testimony to a criminal investigation and who is reasonably believed to flee or be otherwise unavailable to testify at a later date may be detained by means of a/an _____.

A)extradition warrant
B)general warrant
C)material witness warrant
D)summons warrant

Question 13

The primary purpose of a FISA warrant must be to investigate a threat to national security or _____.

A)a threat of espionage
B)a threat of sedition
C)a threat of terrorism
D)a threat of treason

Question 14

The United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 is commonly known as the _____.

A)FISA Act
B)Homeland Security Act
C)Special Authorities Act
D)USA PATRIOT Act

Question 15

In order to prevent a subject of a national security letter from discussing the investigation, the FBI may _____.

A)ask the subject to sign a nondisclosure agreement
B)impose a gag order on the subject
C)place surveillance on the subject
D)place the subject in protective custody

Question 16

Section 218 of the USA PATRIOT Act was passed to address the so-called "wall" established due to fears stemming from _____.

A)the FISA Act
B)the Homeland Security Act
C)The First Amendment
D)Section 2 of the U.S. Constitution

Question 17

A search in which law enforcement agents are able to delay notification of a suspect that they have conducted the search is known as a/an _____.

A)anticipatory search
B)covert search
C)espionage search
D)underground investigation

Question 18

In order to provide procedures for electronic surveillance, the U.S. Congress passed the _____.

A)Domestic INTELligence Act
B)FISA Act
C)Homeland Security Act
D)USA PATRIOT Act

Question 19

Which of the following officially ended the use of so-called enhanced interrogation techniques?

A)The Detainee Treatment Act of 2005
B)The Geneva Convention Reaffirmation Act of 2006
C)Hamdan v. Rumsfeld
D)United States v. Sattar

Question 20

In order to obtain a FISA warrant, the government must _____ that the target of the order may engage in terrorism or other acts threatening to national security.

A)show the probability of a possibility
B)show by a preponderance of the evidence
C)demonstrate probable cause
D)demonstrate reasonable suspicion

Question 21

Shortly after taking office, the Obama administration replaced the phrase "war on terror" with "_____."

A)Taliban conflict
B)operational discontent
C)overseas contingency operation
D)conflict against terrorists

Question 22

So-called sneak-and-peek searches have typically been used to investigate homicide.

Question 23

Shortly after the September 11, 2001, terrorist attacks on the United States, President Bush ordered that all unlawful enemy combatants were to be held indefinitely and without trial.

Question 24

Which of the following is the provision that authorizes the surveillance of non-U.S. residents who are not agents of a foreign power or affiliated with an international terrorist organization but who are engaged in international terrorism or in activities in preparation for international terrorism?

A)The independent actor provision
B)The lone wolf provision
C)The solo practitioner provision
D)The new recruit provision

Question 25

Using the powers granted in the FISA Act, what standard of proof must the government meet in order to obtain a warrant to investigate threats of terrorism?

A)A higher standard than to investigate criminal activities
B)The same standard as that required to investigate criminal activities
C)A more lax standard than what is required to investigate criminal activities
D)A mere suspicion standard

Question 26

In order to issue a material witness warrant, the government must establish evidence of the subject's flight risk to a "near certainty."

Question 27

The USA PATRIOT Act allows the attorney general to authorize the FBI to detain citizens and noncitizens indefinitely if it can be shown that they have engaged in terrorist acts.

Question 28

Sneak-and-peek searches are limited to terrorism investigations.

Question 29

In which case did the U.S. Supreme Court hold that a U.S. citizen held abroad possessed the right to challenge his/her classification as an enemy combatant?

A)Boumediene v. Bush
B)Hamdan v. Rumsfeld
C)Hamdi v. Rumsfeld
D)Rasul v. Bush

Question 30

According to the combatant status review tribunals, an enemy combatant is an individual who is affiliated with or supports the Taliban, al-Qaeda, or associated forces.

Question 31

When conducting military commissions of enemy combatants, President Bush urged the commissions to institute full court-martial procedures.

Question 32

In which case did the U.S. Supreme Court hold that the conflict with al-Qaeda must be regulated by Article III of the Geneva Conventions?

A)Boumediene v. Bush
B)Hamdan v. Rumsfeld
C)Hamdi v. Rumsfeld
D)Rasul v. Bush

Question 33

One flaw noted by the U.S. Supreme Court with military commissions is that hearsay evidence was allowed.

Question 34

Expanded by Section 213 to cover all property, sneak-and-peek searches were originally limited to tangible property.

Question 35

Military commissions have been used in the past to prosecute all but which of the following?

A)Civil War soldiers
B)Nazi spies from WWII
C)WWII Japanese war criminals
D)American soldiers in Vietnam

Question 36

In which case did the U.S. Supreme Court rule that all detainees held at Guantanamo are entitled to habeas corpus?

A)Boumediene v. Bush
B)Hamdan v. Rumsfeld
C)Hamdi v. Rumsfeld
D)Rasul v. Bush

Question 37

The FISA Act was passed in response to the U.S. Supreme Court's ruling in which of the following cases?

A)United States v. United States District Court (Keith)
B)United States v. Brown
C)Keith v. United States District Court
D)United States District Court v. United States Supreme Court

Question 38

Habeas corpus reviews have been granted to several Guantanamo detainees.

Question 39

Which of the following is true regarding the definition of terrorism?

A)In order for an act to be considered terrorism, the act must be designed to inflict mass casualties under all definitions.
B)All federal governmental agencies operate from the same definition of terrorism.
C)The U.S. federal government has defined terrorism in such a way as to require all other U.S. agencies to adhere to the same definition.
D)All law enforcement agencies follow the definition of terrorism as set forth by NATO.

Question 40

Which of the following is a component in most general definitions of terrorism?

A)The acts must be carried out by non-governmental actors.
B)The acts may be carried out by governmental or nongovernmental actors alike.
C)The acts must involve an international component.
D)The acts are limited to those carried out domestically.

Question 41

What is the purpose of the Foreign Intelligence Surveillance Act and what types of activities does FISA cover?

Question 42

In 2004, the U.S. Supreme Court issued two important decisions regarding President Bush's designation of Guantanamo detainees as unlawful enemy combatants. What were they and what were their implications?

Question 43

In Hamdan v. Rumsfeld, the Supreme Court held that the military commissions possessed several flaws. What were they and why were they problematic?

Question 44

Much has been made of the debate on whether to try Guantanamo detainees and other captured terrorists before military commissions or civilian courts. Given what you have read in the text, define the argument put forth by the Bush and Obama administrations in regard to this question.

Question 45

What is the relationship between FISA and the USA PATRIOT Act? What is the purpose of the USA PATRIOT Act and how is it achieved?

Question 46

So-called sneak-and-peek searches are a controversial component to law enforcement and counterterrorism investigations. Explain what they are, what the rules are that govern their use, and what are some of the primary criticisms, listed in the text.

Question 47

Material witness warrants have been subject to criticism. Several reforms have been proposed. List and explain these reforms. Can you come up with any alternatives?

Question 48

Terrorism involving individuals from more than one country or terrorism that involves the territory of more than one country is known as _____.

Question 49

To prevent a subject of a national security letter from discussing the investigation, the FBI may impose a/an _____.

Question 50

The prohibition of communication between criminal investigator and intelligence agents, struck down by the USA PATRIOT Act, is known as _____.

Question 51

What is an enemy combatant for purposes of the CSRT process?

Question 52

What are enhanced interrogation techniques? When can they be used? Do you agree with their use?

Question 53

The USA PATRIOT Act has come under extreme fire since its passage back in 2001. Explain, from the material provided in the text, what the USA PATRIOT Act does and does not allow federal investigators to do. Does this information here strike you as too much authority for the government? Why of why not?

Question 54

During the early days of the war in Afghanistan, President Bush dubbed members of the al-Qaeda forces in Afghanistan _____.

Question 55

Guantanamo detainees have been and will likely continue to be tried before _____.