The new sixth edition is a major overhaul of the only casebook on federal anti-terrorism criminal enforcement practice and policy that is also a volume for teaching a specialized criminal law and procedure course. It provides an in-depth treatment of the major issues that arise in terrorism investigations and in civilian and military terrorism prosecutions. Almost half of the new edition is devoted to addressing domestic terrorism issues—e.g., whether the federal government has enough tools—statutory crimes that can be used to prosecute individuals who perpetrate domestic terrorism violent events, and special rules and doctrines to facilitate criminal investigations in terrorism matters. Previous editions focused only on international terrorism, and the new volume continues to provide an up-to-date, detailed treatment of topics related to that subject: e.g., electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and its amendments; extended military detention of persons suspected of international terrorism; the current status of the military commissions’ prosecutions; and the present state of the efforts to close the Guantanamo detention facility. Among the specific domestic terrorism topics treated, the book contains extensive materials on the January 6, 2021 mob intrusion into the U.S. Capitol including the prosecutions for seditious conspiracy of the leaders of the two private militia groups which played a key role in the attack and the prosecution of former President Donald Trump for acts related to the January 6th events. The book contains extended notes on significant substantive topics, e.g., on the question whether it is feasible to draft a domestic version of the material support/foreign terrorism organization criminal statute that would meet constitutional standards.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 05/20/2024
Related Subject(s): Criminal Law, National Security Law

Norman Abrams, University of California-L.A. School of Law

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The new 6th edition of the casebook spotlights domestic terrorism. In previous editions, in the aftermath of the 9/11 attacks, the book focused only on enforcement against international terrorism. The growth of domestic terrorism events in the United States today makes it timely to key in also on enforcement against domestic terrorism. The book continues to include extensive materials relating to international terrorism such as the FISA, military detention, the military commission prosecutions and the issue of closing Guantanamo.

In featuring domestic terrorism, the 6th edition:

  • Surveys terrorism and terrorism-related crimes that can be used against domestic terrorism and those that can be used only against international terrorism.
  • Views as terrorism crimes, the offenses of seditious conspiracy and insurrection.
  • Includes the January 6th seditious conspiracy prosecutions, and the indictment of Donald Trump relating to election fraud and the January 6th events.
  • Treats as terrorism-related crimes, travel with intent to riot and public disorder statutes as well as other offenses that have heretofore not been viewed as domestic terrorism crimes.
  • Addresses the issue of whether new federal domestic terrorism statutes are needed.
  • Discusses whether it is feasible to draft a domestic version of a material support/foreign terrorism organization statute that would meet constitutional standards.
  • Considers the failures in the handling of the January 6th invasion of the Capitol and the use of a large number of civilian federal agents in a law enforcement role at the Portland protests in 2020.

Learn more about this series.