“a Person Otherwise Innocent”: Policing Entrapment in Preventative, Undercover Counterterrorism Investigations
نویسندگان
چکیده
In the wake of September 11, this aggressive, proactive, and preventative course is the only acceptable response from a department of government charged with enforcing our laws and protecting the American people. Awaiting an attack is not an option. That is why the Department of Justice is doing everything in its power to identify risks to our Nation’s security at the earliest stage possible and to respond with forward-leaning— preventative—prosecutions. Though the military’s counterterrorism tactics have dominated our post-9/11 consciousness of counterterrorism, federal criminal investigation and law enforcement directed by the Department of Justice (“DOJ”) and the Federal Bureau of Investigation (“FBI”) have adapted and expanded in an attempt to prevent terrorism with “forward-leaning” strategies. Observers have advanced a few theories for the accelerating shift to preventative policing and prosecutions: constitutional difficulties with military detention, most recently in Boumediene v. Bush, the irrelevance of immigration law enforcement to “homegrown” terrorists; the increasing decentralization of the global jihadist movement; and the prevalence of “unaffiliated” terrorists op-
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