Copyright (c) 2004 Richmond Journal of Global Law and Business
Richmond Journal of Global Law and Business
ARTICLE: THE WAR ON TERRORISM AND ITS IMPACT ON THE ETHICAL REPRESENTATION OF CLIENTS
4 Rich. J. Global L. & Bus. 37
James M. McCauley
On September 11, 2001, al Quaida terrorists employed commercial jet airliners to launch massive attacks on the United States, successfully destroying the World Trade Center in New York City and inflicting substantial damage to the Pentagon in Washington, D.C. A third unsuccessful attack, believed to have been intended for Washington D.C., was stymied by the heroic efforts of the passengers of another jet airliner when it crashed in Somerset County, Pennsylvania, southeast of Pittsburgh. In total, over 3,000 people were killed on American soil on that single day.
In reaction to this atrocity, on September 18, 2001, Congress authorized President Bush, by Joint Resolution, "to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided the terrorist attacks" or "harbored such organizations or persons." The President responded by committing armed forces to Afghanistan to subdue al Quiada and remove the governing Taliban regime supporting it. During these ongoing military operations, thousands of alleged enemy combatants have been captured and detained by U.S and allied forces.
Swift and sweeping changes in the law occurred, including passage of the USA Patriot Act, 1 permitting the federal government to have access to information about American citizens once protected as private, including: financial transactions, educational records, telephone conversations and grand jury findings. Previously protected information can now be requested of a "financial institution" by the government without judicial order or intervention. The Act, as well as Executive Orders issued shortly after ...
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