Ensuring the end game : facilitating the use of classified evidence in the prosecution of terrorist subjects

Abstract

The advancement and access of technology by terrorism subjects who plan and operate from under-governed or lawless lands has forced the U.S. to consider the demands the international threat environment places upon its security. More importantly is how the U.S. will adapt to meet these threats, prevent attacks and convict those who mean to do the nation harm. This thesis contends the modern day terrorism threat falls within the seams of the military, intelligence and law enforcement disciplines. The threat requires the fusion of these elements of national power to prevent attacks, collect vital intelligence and facilitate the use of key evidence to achieve substantive convictions. In order to achieve convictions the need for damming evidence is essential. However, with the fusion of the military, intelligence and law enforcement disciplines comes the problem of utilizing classified information as evidence to achieve end game convictions of capture terrorist subjects. The recommendations in this thesis can facilitate the use of classified intelligence as evidence by establishing a legal U.S. preventative detention system, a full and permanent integration of FBI personnel with SOCOM assets and establishing NCTC as a central planning and coordinating organization with the authority to direct counterterrorism operations.