Writing with the authority that comes only with years of experience in government, Ambassador Edward Marks and Michael Kraft have produced a splendid history of America’s long campaign against terrorism. This edition analyzes the recent changes in technology and tactics that have profoundly altered today’s terrorist challenge. For those who truly want to understand where we are and how we got there, start here. Brain Michael Jenkins The Rand Corporation I have been involved in the fight against terrorism since joining the Air Force in 1970. This book provides important perspective on where the United States has been in this fight and how that fight must evolve in the new administration. It is must reading for the Trump Administration and anyone else seriously concerned about the next steps in this long struggle. Brig. Gen. Francis X Taylor USAF (Rtd.), Former U.S. Coordinator for Counterterrorism and DHS Under Secretary for Intelligence and Analysis Michael Kraft and Ambassador (Rtd.) Edward Marks have produced an indispens- able guide to U.S. counterterrorism efforts and policies spanning five decades and nine presidencies. Their delineation of a constantly evolving threat and the various responses embarked upon by successive presidential administrations fills a significant gap in the literature by providing an invaluable historical context to this unending struggle. Professor Bruce Hoffman Director, Security Studies Georgetown University A clear and comprehensive survey of American policy toward terrorism over the past half century by two experienced practitioners in the field. Their expert evaluation is well-documented and impartial, and it provides essential background for analysis of future policy. Martha Crenshaw Center for International Security and Cooperation Stanford University This excellent book provides an informed and detailed history of U.S. counterterror- ism policy. It also includes a remarkable compilation of key counterterrorism docu- ments illustrating the development of U.S. policy. The book is a must-read for those working counterterrorism anywhere in the world. John Norton Moore Walter L. Brown Professor of Law and Director of the Center for National Security Law of the University of Virginia This important new book from Ambassador Edward Marks and Michael Kraft distills insights on terrorism from careers that include roles as policy-makers, practitioners and students of the terrorism trends with distinguished service in multiple capacities and organizations within the U.S. national security system. A particular strength of the book, in this reviewer’s opinion, is the way it draws upon Ambassador Edward Marks’ previous trenchant analysis of organizational limitations and remedies in the national security system and the Department of State. Christopher J. Lamb Distinguished Research Fellow, Institute for National Strategic Studies National Defense University The accuracy and granularity of the first Michael Kraft/Edward Marks book on U.S. counterterrorism (U.S. Counterterrorism: A Guide to Who Does What) made it one of the references most at hand when I write and teach. Six years on, many in the field will welcome this newer companion. Updates include such topics as U.S. policy and strategy under Obama, new technology issues (e.g., drones), the FBI’s use of “stings” to catch Islamist terrorists living among us, the wider and developing use of Special Forces overseas, and growing emphasis on “countering violent extremism.” Christopher C. Harmon Daniel K Inouye Asia-Pacific Center for Security Studies Lead editor, Toward A Grand Strategy against Terrorism (McGraw-Hill, 2010) A rich historical compendium and valuable geopolitical context essential to understanding and projecting the undiminished global threat for the concerned public and government policy officials alike. Tony Porcaro Retired CIA and National Intelligence Council Officer As we confront an array of threats from trained ISIS fighters, unidentified lone wolves, or cyber warriors acting alone or on behalf of a terrorist group or a nation state, it becomes readily apparent that a logical, coherent, and fact-based review of past strategies and future choices is essential if we are to successfully confront these emerging dangers. U.S. Counterterrorism, by Michael Kraft and Edward Marks, provides this necessary, comprehensive, and timely review. Practitioners and those interested in careers in intelligence, law enforcement, diplomatic, or military services would do well to study this important work and take into account the valuable lessons learned over time when crafting future policy, tactical, and strategic counterterrorism decisions. Mike Rolince Former FBI agent in charge of the Counterterrorism Division Washington Office U.S. Counterterrorism From Nixon to Trump – Key Challenges, Issues, and Responses Michael B. Kraft Edward Marks CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2018 by Taylor & Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U.S. Government works Printed on acid-free paper International Standard Book Number-13: 978-1-4987-0615-5 (Hardback) This book contains information obtained from authentic and highly regarded sources. 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For permission to photocopy or use material electronically from this work, please access www. copyright.com (http://www.copyright.com/) or contact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400. CCC is a not-for-profit organiza- tion that provides licenses and registration for a variety of users. For organizations that have been granted a photocopy license by the CCC, a separate system of payment has been arranged. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Library of Congress Cataloging‑in‑Publication Data Name: Kraft, Michael, 1937 - author. | Marks, Edward, 1934 - author. Title: U.S. counterterrorism : from Nixon to Trump : key challenges, issues, and responses / Michael B. Kraft and Edward Marks. Description: Boca Raton, FL : CRC Press, [2018] | Includes bibliographical references and index. Identifiers: LCCN 2017034020| ISBN 9781498706155 (hardback : alk. Paper) | ISBN 9781315371610 (ebook) Subjects: LCSH: Terrorism--United States--Prevention--History--20th century. |Terrorism--United States--Prevention--History--21st century. Classification: LCC HV6432.K689 2018 | DDC 363.325/17--dc23 LC record available at https://lccn.loc.gov/2017034020 Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the CRC Press Web site at http://www.crcpress.com We dedicate this book to the all too many victims of terrorism around the world, and to the many thousands of men and women in the government services of many countries who work to prevent future attacks, “succor the afflicted,” and “punish the wicked.” Contents Foreword xi Preface xv Acknowledgments xix Authors xxi Chapter 1 Overview of the Terrorism Threat from Nixon to Trump 1 The Bush Administration 6 The Obama Administration 9 Countering Violent Extremism 12 Cybersecurity 13 Impending Policy Questions for the Trump Administration 14 Chapter 2 Terrorism Definitions, Sanctions, and Legislations 19 Definitions of Terrorism 19 U.S. Definitions 20 Additional Resources 23 Sanctions 24 Counterterrorism Legislation 29 The Long-Arm Statute 31 Nonstate Actors 32 Civil Suits 35 Weapons of Mass Destruction 37 After 9/11—USA Patriot Act 38 vii viii Contents Military Commissions Act of 2006, Amended by the Military Commissions Act of 2009 42 Other Legislation Enacted or Modified since September 11, 2001 43 Prosecution and Detention of Terrorists 43 Background 44 Prosecution 46 National Intelligence Reform Act of 2004 47 Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2008 47 Enhanced Border Security and Visa Entry Reform Act of 2002 (H.R. 3525, Public Law No. 107–173) 48 The Secure Fence Act of 2006, H.R. 6061, Public Law No. 109–367 48 International Emergency Economic Powers Act (U.S. Code Title 50, Chapter 35) 48 Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (H.R. 3448, Public Law 107–188) 49 Project Bioshield Act of 2004 (Public Law 108–276) 49 Sanctions and Legislation 50 Resources (Partial) for Counterterrorism Laws 50 Additional Readings 50 Chapter 3 Background: Nixon to Clinton 53 Rise of Contemporary Terrorism 54 The Era of Terrorism and Religion 56 Hijacking, Kidnappings, and Other Techniques 57 At Home: Homeland Threats 61 US Government Responses 61 U.S. Began to Use Overt Military Actions 63 Chapter 4 Changes in Counterterrorism Policy in Bush Administration Following 9/11 67 Reforms and Reorganization 70 Chapter 5 Obama Administration: Policy and Program Responses 77 Background 77 Responses 79 Contents ix Cyber Issues 87 Countering Violent Extremism and Lone Wolves 93 International Cooperaton 100 Programs 102 Chapter 6 The Policy Challenge for the Trump Administration 109 The Early Days—Strategic and Rhetorical 114 The First Year—Tactical and Operational 117 Looking Ahead 120 Key Documents 123 Bibliography 207 Index 211