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Category: Bill of Rights in the NewsView More Lessons from this Category
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9.8.09 - "Enhanced Interrogations"
Synopsis: The first Bill of Rights in the News for the 2009-2010 school year focuses on the recent announcement by Attorney General Eric Holder that the Justice Department will investigate the actions of the CIA and whether “enhanced interrogations” broke federal laws designed to protect the rights of accused persons. Does the Fifth Amendment protect non-citizens?

Resources
“Inhumane’ CIA terror tactics spur criminal probe
http://www.google.com/hostednews/ap/article/ALeqM5iOTk5mUIVTPTRGU5hoR5JJrr38BAD9A9LV500

CIA: No more interrogation secrets to be disclosed
http://www.google.com/hostednews/ap/article/ALeqM5iOTk5mUIVTPTRGU5hoR5JJrr38BAD9AEP4FG0

Abuse issue puts the CIA, Justice Department at odds
http://www.nytimes.com/2009/08/28/us/politics/28intel.html

The Fifth Amendment
http://www.constitutionbee.org/user/StudentGuide.aspx?id=925

Discussion Questions

  1. What announcement did the Obama administration make recently regarding CIA interrogation practices?

    The Obama administration recently launched a criminal investigation into harsh questioning of detainees during President George W. Bush's war on terror.

  2. What has been the CIA’s response?

    The CIA has said that it cannot reveal more information about interrogation techniques without revealing classified information that would threaten national security. A former CIA Director stated that prosecutors had already reviewed the evidence and decided against bringing charges.

  3. Read the Fifth Amendment. What kind of protections for accused persons does it include?

    The Fifth Amendment says the government cannot take away peoples’ lives, liberty, or property without due process. It provides for grand juries, for subpoenas, and says that people cannot be compelled (forced) to provide evidence that will make themselves look guilty.


  4. Should the Fifth Amendment’s protections apply to non-citizens accused of plotting terrorist attacks?

    Some students will say yes, U.S. constitutional protections apply to all people, regardless of their nationality or the acts they are accused of committing or plotting. Others will say no, that the protections in the Constitution should only apply to citizens, and also do not apply in cases of national security.

  5. How would you assess Attorney General Holder’s decision to go forward with investigations?

    Accept reasoned answers.
Last Edited On 9/4/2009 9:28:00 AM