Lawrence Rosenthal

89 Texas L. Rev. See Also 113

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Scholars have long sought to identify an optimal counterterrorist strategy, particularly in light of the September 11 attacks.  Professor Rosenthal responds to Professor Huq’s critique of the use of religious speech and statements of belief for counterterrorist purposes.  In doing so, Rosenthal argues that such statements may offer appropriate and reliable evidence of motive and intent, as in the case of Sheikh Omar Abdul-Rahman, in investigations and prosecutions of terrorists.

Rosenthal identifies the costs associated with forgoing such an investigation of religious speech, and Professor Huq’s argument is not to the contrary.  Rosenthal argues that investigators and prosecutors must be able to rely on these statements just as they are used to initiate an investigation, and the costs of forgoing this reliance could be catastrophic.  Indeed, Huq’s proposal to identify insular groups may require reliance on statements of belief given the lack of information available otherwise.

Rosenthal concludes that the lack of implementation of Professor Huq’s proposals by accountable policy makers may suggest their limited value.