Tournament: UMKC | Round: 2 | Opponent: UT Dallas MV | Judge: Sam Allen
establish a National Security Court with jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.
Inherency
Contention 1 is inherency
D.C. courts are shaping detention policy now but lack of Supreme Court action means detention is here to stay.
Horowitz, J.D. Candidate at Fordham University, ‘13
Colby, “CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMA”, Fordham Law Review, Vol. 81, 2013, RSR

The Supreme Court has not decided the merits of a detention case since ¶ Boumediene
AND
their significant role in shaping substantive detention ¶ law with each decision.151
The NDAA of 2012 codifies the right of the president to indefinitely detain – expands on the AUMF.
Greenwald, Columnist for the Guardian, ‘11
Glenn, “Three myths about the detention bill”, Salon, 12-16-11,
http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/, RSR

Section 1021 of the NDAA governs, as its title says, “Authority of
AND
McCarthy era Internal Security Act of 1950, about which I wrote yesterday.
Terrorism
Contention 2 is terrorism
Indefinite detention leads to terrorism – multiple warrants
First, motivation – comparative studies prove that indefinite detention increases the motivation for terrorism and the likelihood of an attack.
Roberts, Associate Professor of Philosophy at East Carolina University, ‘11
Rodney, “Utilitarianism and the Morality of Indefinite Detention”, Criminal Justice Ethics, Vol. 30, No. 1, RSR

Finally, ‘‘there is no evidence that  preventive detention works. Comparative studies of
AND
can be selfdefeating*it may increase the likelihood of future attacks.31
Second, distrust – indefinite detention generates resentment that kills effective community cooperation within counter terrorism efforts.
Hathaway, et al, ‘13
Oona (Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School); Samuel Adelsberg (J.D. candidate at Yale Law School); Spencer Amdur (J.D. candidate at Yale Law School); Freya Pitts (J.D. candidate at Yale Law School); Philip Levitz (J.D. from Yale Law School); and Sirine Shebaya (J.D. from Yale Law School), “The Power To Detain: Detention of Terrorism Suspects After 9/11”, The Yale Journal of International Law, Vol. 38, 2013, RSR

Legitimacy of the trial process is important not only to the individuals   charged but also
AND
in recent statements from the   Department of Defense and the White House.251
Third, signaling – use of indefinite detention hinders allied cooperation over counterterrorism – security experts overwhelmingly vote aff.
Pearlstein, Visiting Research Scholar and Lecturer in Public and International Affairs, Woodrow
Wilson School of Public and International Affairs, Princeton University, ‘9
Deborah, “WE'RE ALL EXPERTS NOW:¶ A SECURITY CASE AGAINST SECURITY DETENTION”, Case Western Journal of International Law, Vol. 40, 2009, RSR

Particularly in the challenge of counterterrorism detention policy,¶ the United States has had to
AND
disposition of fissile material is central to a state's strategic¶ counterterrorism plan.
Intelligence cooperation is crucial to quell the threat of terrorism.
Cordesman, Arleigh A. Burke Chair in Strategy at CSIS, ‘10
Anthony, “The True Lessons of Yemen   and Detroit:  How the US Must Expand and Redefine   International Cooperation in Fighting   Terrorism”, CSIS, 2010, RSR

The second answer is to put even more emphasis on international cooperation in   counterterrorism.
AND
of our global economic and strategic interests would face   far more serious threats.
The risk of a nuclear terrorist attack is high – top UN officials concede.
Sturdee, AFP, ‘13
Simon, “UN atomic agency sounds warning on 'nuclear terrorism'”, Fox News, 7-1-13,
http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/, RSR

VIENNA (AFP) – The head of the UN atomic agency warned Monday against
AND
, factories and university campuses and are therefore seen as easy to steal.  
An attack breaks the nuclear taboo – leads to nuclear war.
Bin, director of Arms Control Program at the Institute of International Studies, Tsinghua University, ‘9
5-22-09 About the Authors  Prof. Li Bin is a
AND
Tsinghua University, which he  completed in 2009 under Prof. Li Bin

The nuclear taboo is a kind of international norm and this type of norm is
AND
problem, avoid miscalculation and  thereby reduce the danger of a nuclear war.
Independently, an attack on US soil causes extinction.
Ayson, Professor of Strategic Studies at Oxford, 10
Robert, Director of Strategic Studies: New Zealand, Senior Research Associate with Oxford’s Centre for International Studies. “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects. Studies in Conflict and Terrorism, Volume 33, Issue 7, July 2010, pages 571-593

But these two nuclear worlds—a non-state actor nuclear attack and a
AND
be admitted that any preemption would probably still meet with a devastating response.
Leadership
Contention 3 is Leadership
First, indefinite detention hurts U.S. diplomatic power in championing human rights – empirics prove.
Chaffee, Advocacy Counsel at Human Rights First, ‘9
Devon, “THE COST OF INDEFINITELY KICKING THE CAN: WHY CONTINUED¶ "PROLONGED" DETENTION IS NO SOLUTION TO GUANTANAMO”, Case Western Journal of International Law, Vol. 42, 2009, RSR

The world is watching to see whether the Obama administration fulfills¶ its promise to
AND
.S. diplomatic power and ability¶ to champion human rights abroad.
No alt causes – detention is the biggest internal link to credibility loss.
Welsh, J.D. from the University of Utah, ‘11
David, currently a doctoral student at the University of Arizona, “Procedural Justice Post-9/11: The Effects of¶ Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis, RSR

The Global War on Terror n1 has been ideologically framed as a struggle between the
AND
article offers a psychological perspective of legitimacy in the¶ context of detention.
U.S. leadership is essential to promoting global protection of human rights.
Roth, Director of Human Rights Watch, ‘9
Kenneth, Human Rights Watch World Report 2009, Introduction by Kenneth Roth,
http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rights-spoilers

The US and the EU are not the only ones promoting human rights abroad.
AND
to the discretion of each government, and violations carried little international cost.
Human rights protection prevents extinction
Annas et al 2 Edward R. Utley Prof. and Chair Health Law @
AND
. J. L. and Med. 151, L/N

The development of the atomic bomb not only presented to the world for the first
AND
event. But no such necessity currently exists or is on the horizon.
Human right deficits fuels authoritarian crackdowns in Russia---destroys US-Russia engagement.
Mendelson, director, Human Rights and Security Initiative, CSIS, ‘9
Sarah, "U.S.-Russian Relations and the Democracy and Rule of Law Deficit" tcf.org/assets/downloads/tcf-russiarelations.pdf, DOA: 7-23-13, y2k

Since the collapse of the Soviet Union in 1991, every U.S.
AND
values and undercutting (yet again) U.S. soft power.
Now is key - bolstering democratic reform in Russia prevents violent revolution.
Freeland and Gutterman, ‘12
Chrystia and Steve, Writers for Reuters, January 17, 2012, “Russia faces violent revolution if it doesn’t embrace democracy, billionaire Putin challenger declares”, http://news.nationalpost.com/2012/01/17/russia-faces-violent-revolution-if-it-doesnt-embrace-democracy-billionaire-putin-challenger-declares/

MOSCOW — Mikhail Prokhorov, a super-rich tycoon challenging Vladimir Putin for Russia’s
AND
living in the big cities, want to live in a democratic country.”
That causes miscalculation and nuclear war
Pry, Former US Intelligence Operative, ‘99
Peter Vincent, War Scare:  U.S.-Russia on the Nuclear Brink, netlibrary

Russian internal troubles—such as a leadership crisis, coup, or civil war
AND
Russian affairs, with the West ignorant that it was in grave peril.
US-Russia relations key to solve extinction.
Allison, Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, ‘11
Graham, 10-30-11, “10 reasons why Russia still matters,” http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6

That central point is that Russia matters a great deal to a U.S
AND
Tehran to joining China in preventing U.N. Security Council resolutions.
Second, blanket indefinite detention violates the Geneva Convention – doesn’t differentiate between types of combatants nor the different durations of conflict.
Murphy, Law Professor at George Washington University Law School, ‘7
Sean, “Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Works, 2007, RSR

The general assertion that all detainees at Guantánamo Bay may be detained for the “
AND
soon as the reasons which necessitated his¶ internment no longer exist.”143
Adapting to the public conscience regarding international law is necessary to regain US credibility of compliance.
Murphy, Law Professor at George Washington University Law School, ‘7
Sean, “Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Works, 2007, RSR

The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
AND
of persons deemed not to be a threat is unlawful and¶ unconscionable.
Failure of the U.S. to adhere to the Geneva Conventions undermines the entire Geneva regime
Beard, Lecturer at UCLA 7
Jack, former Deputy General Counsel at the D.o.D., “The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations,” The American Journal of International Law, KM

At a fundamental level, unilateral revision of the Geneva Conventions by the United States
AND
that other countries are unlikely to maintain the stringency of their own commitments.
The Geneva Conventions are key to prevent the development and use of chemical and biological weapons.
GCSP 5
Geneva Centre for Security Policy, “Biological and Chemical Weapons Seminar,” June 2005, http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm, KM

On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.
New gene manipulation takes out your bioweapons defense.
MSNBC ‘11
“Clinton warns of bioweapon threat from gene tech,” pg online @ http://www.msnbc.msn.com/id/45584359/ns/… “For an international verification system — akin to that for nuclear weapons — saying it is too complicated to monitor every lab's activities.”

GENEVA — New gene assembly technology that offers great benefits for scientific research could also
AND
for nuclear weapons — saying it is too complicated to monitor every lab's activities
Risk of bioterror is high – results in extinction.
Matheny, research associate at Oxford University’s Future of Humanity Institute, ‘7
Jason, previously worked at the Center for Biosecurity and holds an MBA from Duke University, “Reducing the Risk of Human Extinction,” Risk Analysis Vol. 27, No. 5, http://users.physics.harvard.edu/~wilson/pmpmta/Mahoney_extinction.pdf

Of current extinction risks, the most severe may be bioterrorism. The knowledge needed
AND
to respond to pandemics (Lam, Franco, and Shuler, 2006).
The plan solves – the creation of a national security court would solve US perception of compliance with international law.
McCarthy and Velshi, ‘9
Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “We Need a National Security Court”, Submission for AEI, 2009, RSR

To be clear, this is not to suggest that the United States has not
AND
most part, inaccurately and ¶ unfairly – for the past five year.
The creation of a national security court would meet the tribunal requirement of the Geneva Convention - allows for oversight process to review the individual circumstances of each detention.
McCarthy and Velshi, ‘9
Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “We Need a National Security Court”, Submission for AEI, 2009, RSR

The NSC would oversee a new process for ¶ monitoring and reviewing the detention of
AND
their home countries (or in countries where they have committed crimes). ¶
Solvency
Contention 4 is solvency
The national security court solves – preserves national security while providing the appropriate international signal.
Sulmasy, Commander and associate professor of law at the U.S. Coast Guard Academy, ‘6
Glenn, “THE LEGAL LANDSCAPE AFTER HAMDAN:¶ THE CREATION OF HOMELAND SECURITY¶ COURTS”, NEW ENG. J.INT'L and COMP.L., Vol. 13, RSR

Article I judges with law of armed conflict expertise would proceed¶ over the trials
AND
¶ colleagues, this proposal certainly requires further elaboration prior to¶ implementation.
Congressional action on detention is the only way to make the executive accountable – empirically proven, the court will back them up and preserves executive flexibility.
Harvard Law Review, ‘12
“RECENT LEGISLATION”, Vol. 125, 2012, RSR

Just as the Commander-in-Chief power is not preclusive with respect to
AND
Just because a congressional policy choice is wrong does not make it unconstitutional.

Tournament: Gonzaga | Round: 1 | Opponent: Weber St OV | Judge: Geoff Lundeen
1AC - Gonzaga
Plan Text
The United States Congress should establish a National Security Court with sole jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.
Inherency
Contention 1 is inherency
D.C. courts are shaping detention policy now but lack of Supreme Court action means detention is here to stay.
Horowitz, J.D. Candidate at Fordham University, ‘13
Colby, “CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMA”, Fordham Law Review, Vol. 81, 2013, RSR

The Supreme Court has not decided the merits of a detention case since ¶ Boumediene
AND
their significant role in shaping substantive detention ¶ law with each decision.151
The NDAA of 2012 codifies the right of the president to indefinitely detain – expands on the AUMF.
Greenwald, Columnist for the Guardian, ‘11
Glenn, “Three myths about the detention bill”, Salon, 12-16-11,
http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/, RSR

Section 1021 of the NDAA governs, as its title says, “Authority of
AND
McCarthy era Internal Security Act of 1950, about which I wrote yesterday.
Terrorism
Contention 2 is terrorism
Indefinite detention leads to terrorism – multiple warrants
First, motivation – comparative studies prove that indefinite detention increases the motivation for terrorism and the likelihood of an attack.
Roberts, Associate Professor of Philosophy at East Carolina University, ‘11
Rodney, “Utilitarianism and the Morality of Indefinite Detention”, Criminal Justice Ethics, Vol. 30, No. 1, RSR

Finally, ‘‘there is no evidence that  preventive detention works. Comparative studies of
AND
can be selfdefeating*it may increase the likelihood of future attacks.31
Second, distrust – indefinite detention generates resentment that kills effective community cooperation within counter terrorism efforts.
Hathaway, et al, ‘13
Oona (Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School); Samuel Adelsberg (J.D. candidate at Yale Law School); Spencer Amdur (J.D. candidate at Yale Law School); Freya Pitts (J.D. candidate at Yale Law School); Philip Levitz (J.D. from Yale Law School); and Sirine Shebaya (J.D. from Yale Law School), “The Power To Detain: Detention of Terrorism Suspects After 9/11”, The Yale Journal of International Law, Vol. 38, 2013, RSR

Legitimacy of the trial process is important not only to the individuals   charged but also
AND
in recent statements from the   Department of Defense and the White House.251
Third, signaling – use of indefinite detention hinders allied cooperation over counterterrorism – security experts overwhelmingly vote aff.
Pearlstein, Visiting Research Scholar and Lecturer in Public and International Affairs, Woodrow
Wilson School of Public and International Affairs, Princeton University, ‘9
Deborah, “WE'RE ALL EXPERTS NOW:¶ A SECURITY CASE AGAINST SECURITY DETENTION”, Case Western Journal of International Law, Vol. 40, 2009, RSR

Particularly in the challenge of counterterrorism detention policy,¶ the United States has had to
AND
disposition of fissile material is central to a state's strategic¶ counterterrorism plan.
Intelligence cooperation is crucial to quell the threat of terrorism.
Cordesman, Arleigh A. Burke Chair in Strategy at CSIS, ‘10
Anthony, “The True Lessons of Yemen   and Detroit:  How the US Must Expand and Redefine   International Cooperation in Fighting   Terrorism”, CSIS, 2010, RSR

The second answer is to put even more emphasis on international cooperation in   counterterrorism.
AND
of our global economic and strategic interests would face   far more serious threats.
High risk of nuke terror - an attack results in global war and extinction.
Dvorkin, Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences, ‘12
Vladimir, The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html

Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
AND
a common understanding of these threats and develop a strategy to combat them.
Independently, an attack breaks the nuclear taboo – leads to nuclear war.
Bin, director of Arms Control Program at the Institute of International Studies, Tsinghua University, ‘9
5-22-09 About the Authors  Prof. Li Bin is a
AND
Tsinghua University, which he  completed in 2009 under Prof. Li Bin

The nuclear taboo is a kind of international norm and this type of norm is
AND
problem, avoid miscalculation and  thereby reduce the danger of a nuclear war.
Leadership
Contention 3 is Leadership
First, indefinite detention hurts U.S. diplomatic power in championing human rights – empirics prove.
Chaffee, Advocacy Counsel at Human Rights First, ‘9
Devon, “THE COST OF INDEFINITELY KICKING THE CAN: WHY CONTINUED¶ "PROLONGED" DETENTION IS NO SOLUTION TO GUANTANAMO”, Case Western Journal of International Law, Vol. 42, 2009, RSR

The world is watching to see whether the Obama administration fulfills¶ its promise to
AND
.S. diplomatic power and ability¶ to champion human rights abroad.
No alt causes – detention is the biggest internal link to credibility loss.
Welsh, J.D. from the University of Utah, ‘11
David, currently a doctoral student at the University of Arizona, “Procedural Justice Post-9/11: The Effects of¶ Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis, RSR

The Global War on Terror n1 has been ideologically framed as a struggle between the
AND
article offers a psychological perspective of legitimacy in the¶ context of detention.
U.S. leadership is essential to promoting global protection of human rights.
Roth, Director of Human Rights Watch, ‘9
Kenneth, Human Rights Watch World Report 2009, Introduction by Kenneth Roth,
http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rights-spoilers

The US and the EU are not the only ones promoting human rights abroad.
AND
to the discretion of each government, and violations carried little international cost.
Human rights protection prevents extinction
Annas et al 2 Edward R. Utley Prof. and Chair Health Law @
AND
. J. L. and Med. 151, L/N

The development of the atomic bomb not only presented to the world for the first
AND
event. But no such necessity currently exists or is on the horizon.
Human right deficits fuels authoritarian crackdowns in Russia---destroys US-Russia engagement.
Mendelson, director, Human Rights and Security Initiative, CSIS, ‘9
Sarah, "U.S.-Russian Relations and the Democracy and Rule of Law Deficit" tcf.org/assets/downloads/tcf-russiarelations.pdf, DOA: 7-23-13, y2k

Since the collapse of the Soviet Union in 1991, every U.S.
AND
values and undercutting (yet again) U.S. soft power.
Now is key - bolstering democratic reform in Russia prevents violent revolution.
Freeland and Gutterman, ‘12
Chrystia and Steve, Writers for Reuters, January 17, 2012, “Russia faces violent revolution if it doesn’t embrace democracy, billionaire Putin challenger declares”, http://news.nationalpost.com/2012/01/17/russia-faces-violent-revolution-if-it-doesnt-embrace-democracy-billionaire-putin-challenger-declares/

MOSCOW — Mikhail Prokhorov, a super-rich tycoon challenging Vladimir Putin for Russia’s
AND
living in the big cities, want to live in a democratic country.”
That causes miscalculation and nuclear war
Pry, Former US Intelligence Operative, ‘99
Peter Vincent, War Scare:  U.S.-Russia on the Nuclear Brink, netlibrary

Russian internal troubles—such as a leadership crisis, coup, or civil war
AND
Russian affairs, with the West ignorant that it was in grave peril.
US-Russia relations key to solve extinction.
Allison, Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, ‘11
Graham, 10-30-11, “10 reasons why Russia still matters,” http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6

That central point is that Russia matters a great deal to a U.S
AND
Tehran to joining China in preventing U.N. Security Council resolutions.
Plan solves – removes the stigma from GITMO and is modeled globally.
Kimery, Homeland Security Today's Online Editor and Online Media Division manager, ‘9
Anthony, draws on 30 years of experience and extensive contacts as he investigates homeland security, counterterrorism and border security, citing Glenn Sulmasy, first permanent commissioned military law professor at the Coast Guard Academy, where he is a Professor of Law teaching international, constitutional, and criminal law, "The Case For A 'National Security Court'", December 3, www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html

However, in interviews with HSToday.us, Sulmasy argued that “we have
AND
, however, we need to look at fresh options,” Sulmasy said.
Second, blanket indefinite detention violates the Geneva Convention – doesn’t differentiate between types of combatants nor the different durations of conflict.
Murphy, Law Professor at George Washington University Law School, ‘7
Sean, “Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Works, 2007, RSR

The general assertion that all detainees at Guantánamo Bay may be detained for the “
AND
soon as the reasons which necessitated his¶ internment no longer exist.”143
Adapting to the public conscience regarding international law is necessary to regain US credibility of compliance.
Murphy, Law Professor at George Washington University Law School, ‘7
Sean, “Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Works, 2007, RSR

The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
AND
of persons deemed not to be a threat is unlawful and¶ unconscionable.
Failure of the U.S. to adhere to the Geneva Conventions undermines the entire Geneva regime
Beard, Lecturer at UCLA 7
Jack, former Deputy General Counsel at the D.o.D., “The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations,” The American Journal of International Law, KM

At a fundamental level, unilateral revision of the Geneva Conventions by the United States
AND
that other countries are unlikely to maintain the stringency of their own commitments.
The Geneva Conventions are key to prevent the development and use of chemical and biological weapons.
GCSP 5
Geneva Centre for Security Policy, “Biological and Chemical Weapons Seminar,” June 2005, http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm, KM

On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.
Bioweapons cause extinction – new advances in biotech take out your defense.
Myhrvold, former Chief Technology Officer at Microsoft, ‘13
Nathan, -founder of Intellectual Ventures—one of the largest patent holding companies in the world, “Strategic Terrorism: A Call to Action”, The Lawfare Research Paper Series  Research paper NO . 2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf
Biotechnology is advancing so rapidly that it is hard to  keep track of all the
AND
cause compares with that of other calamities  that the human race has faced.
The plan solves – the creation of a national security court would solve US perception of compliance with international law.
McCarthy and Velshi, ‘9
Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “We Need a National Security Court”, Submission for AEI, 2009, RSR

To be clear, this is not to suggest that the United States has not
AND
most part, inaccurately and ¶ unfairly – for the past five year.
The creation of a national security court would meet the tribunal requirement of the Geneva Convention - allows for oversight process to review the individual circumstances of each detention.
McCarthy and Velshi, ‘9
Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “We Need a National Security Court”, Submission for AEI, 2009, RSR

The NSC would oversee a new process for ¶ monitoring and reviewing the detention of
AND
their home countries (or in countries where they have committed crimes). ¶
Solvency
Contention 4 is solvency
The national security court solves – preserves national security while providing the appropriate international signal.
Sulmasy, Commander and associate professor of law at the U.S. Coast Guard Academy, ‘6
Glenn, “THE LEGAL LANDSCAPE AFTER HAMDAN:¶ THE CREATION OF HOMELAND SECURITY¶ COURTS”, NEW ENG. J.INT'L and COMP.L., Vol. 13, RSR

Article I judges with law of armed conflict expertise would proceed¶ over the trials
AND
¶ colleagues, this proposal certainly requires further elaboration prior to¶ implementation.
Congressional action on detention is the only way to make the executive accountable – empirically proven, the court will back them up and preserves executive flexibility.
Harvard Law Review, ‘12
“RECENT LEGISLATION”, Vol. 125, 2012, RSR

Just as the Commander-in-Chief power is not preclusive with respect to
AND
Just because a congressional policy choice is wrong does not make it unconstitutional.

Tournament: USC | Round: 2 | Opponent: Rutgers-Newark RS | Judge: Murillo

1AC

The upsurge of Anti-Muslim rhetoric has turned the political sphere into an echo chamber of racism, sacrificing any remaining semblance of critical thought on the altar of bipartisanship.

Giroux 11 
~Henry A. Giroux, Global TV Network Chair in English and Cultural Studies at McMaster University, formerly Boston University, Miami University, Penn State University, "Breivik’s Fundamentalist War on Politics, and Ours," August 3, http://www.truth-out.org/breiviks-fundamentalist-war-politics-and-ours/1312390288-http://www.truth-out.org/breiviks-fundamentalist-war-politics-and-ours/1312390288~~

The tragic slayings in Norway raise anew serious questions about domestic terrorism and its roots
AND
can flourish, politics becomes a noble practice and democracy has a future. 

This is evident in status quo detention policy. Indefinite detention represents an attempt to single out, debase and eradicate Muslim culture.

Elver, Research Professor of Global Studies at the University of California Santa Barbara, ’12
~Hilal, "Racializing Islam Before and After 9/11: From Melting Pot to Islamophobia", TRANSNATIONAL LAW 26 CONTEMPORARY PROBLEMS, Vol. 21, Spring 2012, RSR~

The combination of prolonged illegal detention, a new interpretation of ¶ torture, and
AND
abundant evidence that racial ¶ subordination of the Iraqi people was common knowledge. 

Our detention policy is founded upon the basis of racial profiling. It creates a perpetual security state that dehumanizes the Brown Other.

Butler, Maxine Elliot Professor of Rhetoric and Comparative Literature at the University of California at Berkeley, ’3
~Judith, "INDEFINITE DETENTION", La Rivista del Manifesto, Numero 35, 2003, RSR~

The license to brand and categorize and detain on the basis of suspicion alone,
AND
photos released by the Department of Defense of the shackled bodies in Guantanamo.

Debate reinforces this by privileging seeking truth through rational forms of deliberation divorced from social conditions.  This props up the centralized, secular state, which discriminates against followers of so-called "irrational religions" in the name of stability.  Even institutional appeals to religious tolerance are used to demobilize opposition and preserve the state’s power.

Asad 93 (Talal Asad, Genealogies of Religion: Discipline and Reasons of Power in Christianity and Islam, Johns Hopkins University Press - A (1993), http://100.markelmore.com/wp-content/uploads/sites/3/2013/05/01_asad_Genealogies-of-Religion_-all.pdf, da 11-15-13) PC

The rationality of criticism, according to Kant, consists in the fact that the
AND
to many non-Enlightenment states. Among them is contemporary Saudi Arabia.

Specifically, debate’s focus on policy action is a manifestation of epistemic racism that reasserts the superiority of Western institutions and norms over Islamic thought and recreates the racial profiling responsible for detention

Grosfoguel 10 (Ramo?n Grosfoguel, Epistemic Islamophobia and Colonial Social Sciences, Human Architecture: Journal of the Sociology of Self- Knowledge: Vol. 8: Iss. 2, Article 5, 2010, http://scholarworks.umb.edu/humanarchitecture/vol8/iss2/5, da 11-15-13) PC

The importance of this discussion about epistemic Islamophobia is that the latter is manifested in
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, its easy association with "terrorism" and representation as "terrorist."

Western epistemology relies on the Cartesian construction of a subject who views arguments from the point-zero perspective, separating their truth-claims from their point of view – this roots knowledge production in the perspective of the Western conqueror, which causes the Islamic Other to be framed as inferior and makes racist policies inevitable.

Grosfoguel and Mielants 6 (Ramón Grosfoguel, University of California - Berkeley, and Eric Mielants, Fairfield University, The Long-Durée Entanglement Between Islamophobia and Racism in the Modern/Colonial Capitalist/Patriarchal World-System: An Introduction, Human Architecture: Journal of the Sociology of Self-Knowledge: Vol. 5:Iss. 1, Article 2., 23 September 2006, http://scholarworks.umb.edu/humanarchitecture/vol5/iss1/2, da 10-12-13) PC

Occidentalism created the epistemic privilege and hegemonic identity politics of the West from which to
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1979) and they contribute to the Western arrogant dismissal of Islamic thinkers.

This causes Islamic threat construction in debates about Presidential War Powers, which creates a self-fulfilling policy – historically discourse about Islam being incompatible with Western values was coopted to establish authoritarian regimes in Saudi Arabia and deployed by Orientalists to justify the invasions of Iraq and Afghanistan.

Bottici and Challand 6 (Chiara Bottici, University of Florence, and Benoi?t Challand, European University Institute, Rethinking Political Myth: The Clash of Civilizations as a Self-Fulfilling Prophecy, 2006, European Journal of Social Theory 9(3): 315–336) PC

As Talal Asad also observed (2003), the construction of an Islamic threat,
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see e.g. The Passion of the Christ by Mel Gibson).

Our critical analysis is key – efforts to exclude the affirmative replicate censorship by the Bush Administration to stifle opposition to the reductionist ideology of the clash of civilizations responsible for a self-fulfilling prophecy

Bottici and Challand 6 (Chiara Bottici, University of Florence, and Benoi?t Challand, European University Institute, Rethinking Political Myth: The Clash of Civilizations as a Self-Fulfilling Prophecy, 2006, European Journal of Social Theory 9(3): 315–336) PC

Surprisingly, the idea of a clash of civilizations, when it first appeared,
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what is consciously learned and what is unconsciously apprehended by exposure to it.

This space is key—interrogating islamophobia in educational settings is critical to establish a critical consciousness that enables larger political projects

Housee 12, Senior Lecturer in Sociology
~Jan. 04 2012, Shirin Housee works at the School of Humanities, Languages and Social Sciences, University of Wolverhampton, UK "What’s the point? Anti-racism and students’ voices against Islamophobia", Volume 15, Issue 1~
Having reflected on the two seminar sessions on Islamophobia and the student comments, I
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is to education that our attention should be directed.’ (162)

The aff is a logical pre-requisite to better policymaking – without a criticism of the way we construct the Muslim identity, legal reformism is doomed to failure.  That criticism is impossible under current policy-making frameworks, because they reaffirm Western norms and posit Muslims and non-Western institutions as antithetical to those norms.

Volpp 2 (Leti Volpp, Associate Professor, American University, Washington College of Law, The Citizen and the Terrorist, 2002, 49 UCLA L. Rev. 1575) PC

In the American imagination, those who appear "Middle Eastern, Arab, or
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bodies are always marked and disrupt the idea of integration or assimilation. n93

====Discourse and representations matter – they are the basis for war. What we lack is not a proper scientific or empirical challenge to violence; we lack the cultural critics willing to fight the fear mongering which results in war. As scholars, we have an obligation to refuse and problematize the cultural grammar of risk.====
Elliot, ’12
~Emory, University Professor of the University of California and Distinguished Professor of English at the University of California, Riverside, Terror, Theory, and the Humanities ed. Di Leo, Open Humanities Press, Online, RSR~
In a 1991 interview for the New York Times Magazine, Don DeLillo expressed his
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others to question the meaning and motives of what they see and hear.

Tournament: UNLV | Round: 2 | Opponent:  | Judge:
UNLV 1AC
Plan Text
Plan: The United States Congress should establish a National Security Court with sole jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.
Leadership
Contention 1: is Leadership
First, indefinite detention hurts US cooperation with Europe which is crucial to combat terrorism.
Archick 12 (Kristen, Specialist in European Affairs at Congressional Research Service, “U.S.-EU Cooperation Against Terrorism”, Congressional Research Service, 5-21-12, RSR

U.S. and European officials alike maintain that the imperative to provide freedom
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, but maintained that certain prisoners were ¶ too dangerous to be released.
High risk of nuclear terror - an attack results in extinction.
Dvorkin 12 (Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences, Vladimir, The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html

Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
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a common understanding of these threats and develop a strategy to combat them.
This policy of counter terrorism crushes NATO and the Atlantic alliance.
Parker 12 (Tom, Former Policy Dir. for Terrorism, Counterterrorism and H. Rts. at Amnesty International, U.S. Tactics Threaten NATO, September 17, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461

The United States has bet heavily on the efficacy of a new array of counterterrorism
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Something has to give—and it may just be the Atlantic alliance.
NATO prevents global nuclear war
Brzezinski 9 (Zbigniew, former U.S. National Security Adviser, Sept/Oct 2009, “An Agenda for NATO,” Foreign Affairs, 88.5, Ebsco

NATO's potential is not primarily military. Although NATO is a collective-security alliance
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focused aroused Muslim resentments on the United States and the West more generally.
The NSC restores allied cooperation by strengthening the rule of law.
Rishikof 2 (Harvey, professor of law and former chair of the Department of ¶ National Security Strategy, National War College, “A New Court for Terrorism”, The New York Times, 6-8-2002,
http://www.nytimes.com/2002/06/08/opinion/a-new-court-for-terrorism.html, RSR

A national security court, with its trials as open as possible, would give
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creating an institution that can handle new challenges without damaging our constitutional principles.
Next, blanket indefinite detention violates the Geneva Convention – doesn’t differentiate between types of combatants nor the different durations of conflict.
Murphy 7 (Law Professor at George Washington University Law School, “Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Works, 2007, RSR

The general assertion that all detainees at Guantánamo Bay may be detained for the “
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soon as the reasons which necessitated his¶ internment no longer exist.”143
Adapting to public perception on detention and international law is key to regain credibility of US compliance
Murphy 7 (Law Professor at George Washington University Law School, “Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Works, 2007, RSR

The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
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of persons deemed not to be a threat is unlawful and¶ unconscionable.
US Failure to adhere to Geneva undermines the entire Geneva regime
Beard 7 (Jack, ecturer at UCLA former Deputy General Counsel at the D.o.D., “The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations,” The American Journal of International Law, KM

At a fundamental level, unilateral revision of the Geneva Conventions by the United States
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that other countries are unlikely to maintain the stringency of their own commitments.
The Geneva Conventions are key to prevent the development and use of chemical and biological weapons.
GCSP 5 Geneva Centre for Security Policy, “Biological and Chemical Weapons Seminar,” June 2005, http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm, KM

On 9-10 June 2005, the GCSP hosted an international seminar initiated by
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use but also the production and possession of both chemical and biological weapons.
Bioweapons cause extinction – new advances in biotech
Myhrvold 13 (Nathan, former Chief Technology Officer at Microsoft, founder of Intellectual Ventures—one of the largest patent holding companies in the world, “Strategic Terrorism: A Call to Action”, The Lawfare Research Paper Series  Research paper NO . 2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf

Biotechnology is advancing so rapidly that it is hard to  keep track of all the
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cause compares with that of other calamities  that the human race has faced.
A national security court would solve US compliance with Geneva - allows for oversight to review the individual detentions
McCarthy and Velshi 9 Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “We Need a National Security Court”, Submission for AEI, 2009, RSR

The NSC would oversee a new process for ¶ monitoring and reviewing the detention of
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their home countries (or in countries where they have committed crimes). ¶
Judicial Activism
Contention 2: is Judicial Activism
Court intervention on detention is inevitable now
Horowitz 13 (Colby, J.D. Candidate at Fordham University, “CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMA”, Fordham Law Review, Vol. 81, 2013, RSR

The Supreme Court has not decided the merits of a detention case since ¶ Boumediene
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their significant role in shaping substantive detention ¶ law with each decision.151
Vagueness in the NDAA hampers executive flexibility by encouraging judicial activism. The plan is key to reverse that.
Horowitz 13 (Colby, J.D. Candidate at Fordham University, “CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMA”, Fordham Law Review, Vol. 81, 2013, RSR

This part recommends ways to improve section 1021, with the goal of ¶ creating
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) include a clear statement about the indefinite detention of American ¶ citizens.
Status quo ambiguity on indefinite detention promotes a shift to drones by hampering effective warfighting.
Chertoff 11 (Michael, Former Secretary of the Department of Homeland Security,
THE DECLINE OF JUDICIAL DEFERENCE ON NATIONAL SECURITY, Rutgers Law Review, 3 February 2011, http://www.rutgerslawreview.com/wp-content/uploads/archive/vol63/Issue4/Chertoff_Speech_PDF.pdf, pg. 1125-1128

So, where has this left us? It has left us in a puzzling
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the courts when ¶ dealing with these kinds of sensitive national security issues.
US targeted killing policies are causing an international drones arms race.  The mere existence of the technology doesn’t make instability inevitable—how the US uses its drones matters.
Farley 11 (Robert, Assistant Professor at the Patterson School of Diplomacy and International Commerce at the University of Kentucky, Oct. 12, 2011, World Politics Review, “Over the Horizon: U.S. Drone Use Sets Global Precedent”, http://www.worldpoliticsreview.com/articles/10311/over-the-horizon-u-s-drone-use-sets-global-precedent

Is the world about to see a "drone race" among the United States
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policymakers should perhaps devote a touch more attention to the precedent they're setting.
Lack of US-led norms cause Chinese drone aggression in maritime disputes---that increases tensions.
Bodeen 13 (Christopher, writer for the Huffington Post, May 3rd, 2013, "China's Drone Program Appears To Be Moving Into Overdrive," Huffington Post, www.huffingtonpost.com/2013/05/03/china-drone-program_n_3207392.html

BEIJING -- Determined to kill or capture a murderous Mekong River drug lord, China's
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camp almost 20 kilometers (12 miles) into Indian-claimed territory.
That leads to US-Sino nuclear war and extinction.
Fisher 11 (Max, foreign affairs writer and editor for the Atlantic, MA in security studies from Johns Hopkins, Oct 31 2011, “5 Most Likely Ways the U.S. and China Could Spark Accidental Nuclear War,” http://www.theatlantic.com/international/archive/2011/10/5-most-likely-ways-the-us-and-china-could-spark-accidental-nuclear-war/247616

Neither the U.S. nor China has any interest in any kind of
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Soviet mishaps of the 1980s -- is exactly what makes them so dangerous.
Deference stable now – court action sets the precedent for broader judicial activism.
O’Connor 7 (John, Former officer in the Marine Corp and Judge Advocate, JD, U Maryland Law School. Statistics and the Military Deference Doctrine: a Response to Professor Lichtman, 66 Md. L. Rev. 668, Lexis

¶ As I have written elsewhere, one of the most important aspects of the
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there is no sign that such an upheaval is anywhere on the horizon.
Past decisions don’t matter – they did not decide on the right to indefinitely detain.
Devins 10 (Neal, Goodrich Professor of Law and Professor of Government, College of William and Mary,“Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants”, Journal of Constitutional Law, Vol. 12, No. 2, February 2010, RSR

For much the same reason, the Court understood that its decision posed few national
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political branches to respect the centrality of habeas corpus limits on governmental power.
Judicial activism makes response to nuclear weapons scenarios slow - guarantees extinction.
Knowles 9 (Robert, Acting Assistant Professor, New York University School of Law, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law

Nonetheless, foreign relations remain special, and courts must treat them differently in one
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issue does not fall within the President's textually-specified Article I powers.
Plan solves –
First, creating an appropriate framework limits judicial creativity
McCarthy and Velshi 9 Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “We Need a National Security Court”, Submission for AEI, 2009, RSR

What is an asset in the criminal justice system, however, would be a
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be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.
Second, plan accommodates concerns from all sides preventing forum shopping.
Sulmasy and Logman 9 Glenn (professor of law at the U.S. Coast Guard Academy) and Andrea (assistant professor of law at the U.S. Coast Guard Academy), “A HYBRID COURT FOR A HYBRID WAR”, Case Western Reserve Journal of International Law, Vol. 42, RSR

Prior to the anticipated closure of the Guantánamo Bay Detention ¶ Facility on January 22
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and promote the rule of law while bringing ¶ unlawful combatants to justice.
Solvency
Contention 3 is solvency
The court preserves national security while sending an international signal
Sulmasy 6 (Commander and associate professor of law at the U.S. Coast Guard Academy,
Glenn, “THE LEGAL LANDSCAPE AFTER HAMDAN:¶ THE CREATION OF HOMELAND SECURITY¶ COURTS”, NEW ENG. J.INT'L and COMP.L., Vol. 13, RSR

Article I judges with law of armed conflict expertise would proceed¶ over the trials
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¶ colleagues, this proposal certainly requires further elaboration prior to¶ implementation.
Congressional action is the only way to make the executive accountable – empirically proven, the court will back them up and preserves executive flexibility.
Harvard Law Review 12 “RECENT LEGISLATION”, Vol. 125, 2012, RSR

Just as the Commander-in-Chief power is not preclusive with respect to
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Just because a congressional policy choice is wrong does not make it unconstitutional.