Tournament: Harvard | Round: 4 | Opponent: Oklahoma BC | Judge: Bill Smelko
1AC

Plan: The United States Federal Government should establish a National Security Court with exclusive jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.

Contention One: Fear of Islam

The upsurge of Anti-Muslim rhetoric threatens to turn 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

The tragic slayings in Norway raise anew serious questions about domestic terrorism and its roots
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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 and CONTEMPORARY PROBLEMS, Vol. 21, Spring 2012, RSR

The combination of prolonged illegal detention, a new interpretation of ¶ torture, and
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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,
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photos released by the Department of Defense of the shackled bodies in Guantanamo.

The lack of legal protections risks of a repeat of Korematsu. Detention risks racialized dehumanization outside the sphere of law.
Muller, George R. Ward Professor of Law, University of North Carolina School of Law, ‘3
Eric, “Inference or Impact? ¶ Racial Profiling and the Internment’s ¶ True Legacy”, Ohio State Journal of Criminal Law, Vol. 1, 2003, RSR

On the other hand, however, there are plenty of reasons to worry that
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the firebreaks in the ¶ legal landscape that were supposed to control it. 

Muslim Otherization creates a dyad between the faiths, making global war inevitable.
Batur, Professor of Sociology and Director of Environmental Studies at Vassar College, ‘7
Pinar, “Heart of Violence: Global Racism, War, and Genocide”, Handbook of the Sociology of Racial and Ethnic Relations, 2007, RSR

Albert Memmi argued that “We have no idea what the colonized would have been
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do, but because of who they are and what they believe in.”

The way we frame the Other is a pre-condition to all violence.
Collins and Glover, 2002
John Collins, Ass. Prof. of Global Studies at St. Lawrence, and Ross Glover, Visiting Professor of Sociology at St. Lawrence University, 2002, Collateral Language, p. 6-7, The Real Effects of Language

As any university student knows, theories about the “social con¬struction” and social
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less likely to avert our mental gaze from the physical effects of violence.

Contention Two: Solvency
The national security court would ensure defendants’ rights and solve status quo abuse.
Sulmasy, Commander and associate professor of law at the U.S. Coast Guard Academy, ‘10
Glenn, “Create a Hybrid Court”, 11-18-10, The New York Times,
http://www.nytimes.com/roomfordebate/2010/11/18/prosecuting-terrorists-in-federal-court/create-a-hybrid-court, RSR

A National Security Court System (as part of a broader FISA court) would
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to create a new system to prosecute fighters in this kind of conflict.

Combating fear of Islam requires access to the political sphere – prevents the right wing takeover of the status quo.
Yazdiha, PhD in Sociology at the University of North Carolina, ‘13
Haj, “Law as Movement Strategy: How the¶ Islamophobia Movement Institutionalizes¶ Fear Through Legislation”, Social Movement Studies, 2013, RSR

First, the successful use of law as strategy brings Islamophobia into an elite political
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which movements can build and¶ through which related movements can be framed.

The law can help people --- reformism is empirically more successful than revolutionary withdrawal.
Kazin, Professor of History at Georgetown University, ‘11
Michael, Has the US Left Made a Difference, Dissent Spring p. 52-54

But when political radicals made a big difference, they generally did so as decidedly
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…are too much to live up to and too much to escape.” 

The aff’s discursive act successfully breaks down myths regarding Islam. This makes peaceful coexistence possible.
Nimer, Professor at the American University School of International Service in International Peace and Conflict Resolution , ‘7
Mohamed, “Breaking the Vicious Cycle of Islamophobia and Anti-Americanism”, PRINCE ALWALEED BIN TALAL¶ CENTER FOR MUSLIM-CHRISTIAN UNDERSTANDING¶ GEORGETOWN UNIVERSITY, Islamophobia and the Challenges of Pluralism  in the 21st Century, 2007, RSR

Dialogue for the purpose of exposing myths and forging a common understanding is a must
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future. Within this framework, various sub-discourses may prove fruitful. 

We must reject complicity with racism – no instance is too small.
Barndt 91
Joseph. NYC pastor and author, “Crossroads; Dismantling Racism” p. 219, date accessed: 7/8/2010 AJK

To study racism is to study walls. We have looked at barriers and
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time to tear down once and for all, the walls of racism.

Our commitment to social justice can transform foreign policy - viewing the identity of the state as static abandons a critical opportunity to challenge domination
Schwedler et. al 11
Jillian Schwedler teaches political science at the University of Massachusetts, Amherst Josh Stacher is an assistant professor of political science at Kent State University  Stacey Philbrick Yadav is the coordinator of the Middle Eastern Studies program and Assistant Professor of Political Science at Hobart and William Smith Colleges Jadaliyya June 10 http://www.jadaliyya.com/pages/index/1826/three-powerfully-wrong_and-wrongly-powerful_americ

We can expect that Islamists are likely to point out the inconsistencies in our policies
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do more to show our support for what they have come to represent.

State engagement is a good method ---- refusal to engage in the methodical politics of democratic citizenship makes every impact inevitable.
Dietz, Professor of Political Science and Gender Studies Program at Northwestern University, ‘94
Mary, “’THE SLOW BORING OF HARD BOARDS’: METHODICAL THINKING AND THE WORK OF POLITICS”, American Political Science Review, Vol. 88, No. 4 December 1994, http://www.jstor.org/stable/pdfplus/2082713.pdf

Earlier, in considering the means-end category in politics, I suggested that
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Management (to borrow Simone Weil's prescient phrase)" (1978, 146). 

Tying our individual objections to congressional action is the only way to check presidential tyranny
Kleinerman, Ph.D. in Political Science from Michigan State University, 2009 Benjamin, The Discretionary President: The Promise and Peril of Executive Power, p. 10-11

If the people were sufficiently vigilant against the abuse of executive discretion, it would
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to make the case strongly if they decide to ignore the Constitution's dictate.¶

Tournament: Gonzaga | Round: 1 | Opponent: Gonzaga BJ | Judge: Allen
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 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

The NDAA of 2012 codifies the right of the president to indefinitely detain – expands on the AUMF.
Greenwald 11 (Glenn, Columnist for the Guardian, “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
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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 11 (Associate Professor of Philosophy at East Carolina University, 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
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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
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Yale Journal of International Law, Vol. 38, 2013, RSR

Legitimacy of the trial process is important not only to the individuals   charged but also
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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 9 (Visiting Research Scholar and Lecturer in Public and International Affairs, Woodrow, Wilson School of Public and International Affairs, Princeton University, 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
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disposition of fissile material is central to a state's strategic¶ counterterrorism plan.

Intelligence cooperation is crucial to quell the threat of terrorism.
Cordesman 10 (Anthony, Arleigh A. Burke Chair in Strategy at CSIS, “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.
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of our global economic and strategic interests would face   far more serious threats.

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.

Independently, an attack breaks the nuclear taboo – leads to nuclear war.
Bin 9 (director of Arms Control Program at the Institute of International Studies,
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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
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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 9 (Devon, Advocacy Counsel at Human Rights First, “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
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.S. diplomatic power and ability¶ to champion human rights abroad.

No alt causes – detention is the biggest internal link to credibility loss.
Welsh 11 (J.D. from the University of Utah, 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 9 (Director of Human Rights Watch, 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.
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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 @
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. J. L. and Med. 151, L/N

The development of the atomic bomb not only presented to the world for the first
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event. But no such necessity currently exists or is on the horizon.

Human right deficits on detention fuels authoritarian crackdowns in Russia---destroys US-Russia engagement.
Mendelson 9  (Sarah, director, Human Rights and Security Initiative, CSIS, "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.

Continued human rights violations risk a Russian revolution.
Ullman 13 Senior Advisor at the Atlantic Council, Harlan, “The Third Russian Revolution,” UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/

Make no mistake: On the current trajectory, Russia won't be immune to many
AND
Syria and Iran are two major crises where Russian support could be important. 

That causes miscalculation and nuclear war
Pry 99 (Former US Intelligence Operative, ‘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 11 (Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, 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 9 (Homeland Security Today's Online Editor and Online Media Division manager, 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. 

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 “
AND
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
AND
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
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 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
AND
cause compares with that of other calamities  that the human race has faced.

Plan solves perception of US 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.

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
AND
their home countries (or in countries where they have committed crimes). ¶
Solvency

Contention 4 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
AND
Just because a congressional policy choice is wrong does not make it unconstitutional.

Tournament: Harvard | Round: 1 | Opponent: Georgetown BL | Judge: Sarah Weiner
Same as UNLV 1AC

Tournament: Gonzaga | Round: Octas | Opponent: Gonzaga GS | Judge: Maurer, Bato and Kuswa
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.

Contention 1: is Leadership
First, human right deficits on detention fuels authoritarian crackdowns in Russia---destroys US-Russia engagement.
Mendelson 9  (Sarah, director, Human Rights and Security Initiative, CSIS, "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.

Continued human rights violations risk a Russian revolution.
Ullman 13 Senior Advisor at the Atlantic Council, Harlan, “The Third Russian Revolution,” UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/

Make no mistake: On the current trajectory, Russia won't be immune to many
AND
Syria and Iran are two major crises where Russian support could be important. 

That causes miscalculation and nuclear war
Pry 99 (Former US Intelligence Operative, ‘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 11 (Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, 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 9 (Homeland Security Today's Online Editor and Online Media Division manager, 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. 

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 “
AND
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
AND
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
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
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
AND
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
AND
their home countries (or in countries where they have committed crimes). ¶

New Advantage
Contention 2: 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
AND
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
AND
) include a clear statement about the indefinite detention of American ¶ citizens.

Court action 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
AND
the courts when ¶ dealing with these kinds of sensitive national security issues.

Increased drone use sets a precedent that causes South China Sea conflict.
Roberts 13 (News Editor at National Journal, Kristen, “When the Whole World Has Drones”, 3/22/13, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321

And that’s a NATO ally seeking the capability to conduct missions that would run afoul
AND
lead somebody to be subject for an engagement by the United States government.”

Asian war goes nuclear - no defense - interdependence and institutions don’t check.
Mohan 13 (distinguished fellow at the Observer Research Foundation in New Delhi, C. Raja, March 2013, Emerging Geopolitical Trends and Security in the Association of Southeast Asian Nations, the People’s Republic of China, and India (ACI) Region,” background paper for the Asian Development Bank Institute study on the Role of Key Emerging Economies, http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf

Three broad types of conventional conflict confront Asia. The first is the prospect of
AND
geographic scope and the normative basis for a future security order in Asia.

Judicial oversight results in eventual civilian trials
McCarthy and Velshi 9 Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies. From 1985 through 2003, he was a federal prosecutor at the U.S. Attorney’s Office for the Southern District of New York, and was the lead prosecutor in the seditious conspiracy trial against Sheikh Omar Abdel Rahman and eleven others, described subsequently) and Alykhan (a staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “Outsourcing American Law,” AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdf

2. While alien enemy combatants, who are neither U.S. citizens
AND
those of citizens but, indeed, those accorded to American criminal defendants. 

Criminal prosecutions result in more terrorism – signal weakness.
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 ¶ treatment of a national security problem as a criminal justice issue has consequences
AND
encourage the notion that the ¶ nation may be attacked with relative impunity. 

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
AND
a common understanding of these threats and develop a strategy to combat them.

Delays and security issues with civilian courts kill perception of due process.
Guiora 9 (AmosProfessor of Law at the S.J. Quinney College of Law, University of Utah, served in the Judge Advocate General's Corps of the Israel Defense Forces where he held senior command positions related to the legal and policy aspects of operational counterterrorism, “Creating a Domestic Terror Court”, PDF

As mentioned above, this article assumes that both traditional Article III courts and international
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purposes but cannot under any circumstances-be the sole basis of conviction.

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. 

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
AND
Just because a congressional policy choice is wrong does not make it unconstitutional.

Tournament: UNLV | Round: 1 | Opponent: Wyoming HT | Judge: Tom Glinecki
UNLV 1AC

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.

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
AND
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
AND
their home countries (or in countries where they have committed crimes). ¶

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
AND
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
AND
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
AND
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
AND
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
AND
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
AND
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
AND
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
AND
be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.

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
AND
¶ 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
AND
Just because a congressional policy choice is wrong does not make it unconstitutional.

Tournament: Wake | Round: 1 | Opponent: Cal MS | Judge: Sam Allen
Wake 1AC

Plan: The United States Congress should establish a National Security Court with exclusive jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.

Contention 1: is Leadership
The plan’s external oversight on detention maintains hegemony---legitimacy is the vital internal link to global stability.
Knowles 9 (Robert, Acting Assistant Professor at NYU School of Law, Spring, “Article: American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis

The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.

US benevolent hegemony is critical to global peace – material power is irrelevant and the alternative causes massive wars.
Kromah 9 (Lamii, Master Student in IR, February 2009, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, “The Institutional Nature of U.S. Hegemony: Post 9/11”, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1

A final major gain to the United States from the benevolent hegemony has perhaps been
AND
to facilitate its ability to extract contributions from other members of the system.

Statistical evidence shows US policy towards indefinite detention is both necessary and sufficient.
Welsh 11 (David, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "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

Today, many individuals throughout the world question whether the United States has engaged in
AND
with the unique procedural issues created by a growing number of suspected terrorists.

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 “
AND
soon as the reasons which necessitated his¶ internment no longer exist.”143

US Failure to adhere to Geneva undermines the entire Geneva regime
Beard 7 (Jack, Lecturer 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
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
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
AND
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
AND
their home countries (or in countries where they have committed crimes). ¶

Contention 2: is Increased Scrutiny

Increased scrutiny over detention has resulted in a shift to drones and renditions.
Goldsmith 9 (Jack, Professor of Law at Harvard and member of the Hoover Institution Task Force on National Security and Law, assistant attorney general in the Bush administration, 5/31/09, “The Shell Game on Detainees and Interrogation,” http://www.washingtonpost.com/wp-dyn/content/article/2009/05/29/AR2009052902989.html
(Also makes the claim that Obama would rather detain in the first place.)

The cat-and-mouse game does not end there. As detentions at
AND
help the terrorists. But it does make us feel better about ourselves.

Specifically, status quo ambiguity causes this shit - the aff’s Congressional statute is key to reverse that.
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
AND
the courts when ¶ dealing with these kinds of sensitive national security issues.

Scenario 1 is Drones

US drone use is creating an international drone arms race —how the US drone uses its drones sets a precedent
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
AND
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
AND
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
AND
Soviet mishaps of the 1980s -- is exactly what makes them so dangerous.

Scenario 2 is Rendition

Rendition results in massive allied backlash that guts counter terrorism cooperation.  
Huq 6 (Aziz, associate counsel at the Brennan Center for Justice at the New York University School of Law, “Extraordinary Rendition and the Wages of Hypocrisy”, World Policy Journal, Spring 2006, RSR

Mearsheimer’s analysis may well be true in regard to relations between states. But in
AND
that the operation had been conceived in a reckless and foolish manner.30 

WMD terrorism is feasible and dangerous – top experts agree
Bunn et al 13 (Bunn, Matthew, Valentin Kuznetsov, Martin B. Malin, Yuri Morozov, Simon Saradzhyan, William H. Tobey, Viktor I. Yesin, and Pavel S. Zolotarev. "Steps to Prevent Nuclear Terrorism." Paper, Belfer Center for Science and International Affairs, Harvard Kennedy School, October 2, 2013, Matthew Bunn. Professor of the Practice of Public Policy at Harvard Kennedy School andCo-Principal Investigator of Project on Managing the Atom at Harvard University’s Belfer Center for Science and International Affairs. • Vice Admiral Valentin Kuznetsov (retired Russian Navy). Senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, Senior Military Representative of the Russian Ministry of Defense to NATO from 2002 to 2008. • Martin Malin. Executive Director of the Project on Managing the Atom at the Belfer Center for Science and International Affairs. • Colonel Yuri Morozov (retired Russian Armed Forces). Professor of the Russian Academy of Military Sciences and senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, chief of department at the Center for Military-Strategic Studies at the General Staff of the Russian Armed Forces from 1995 to 2000. • Simon Saradzhyan. Fellow at Harvard University’s Belfer Center for Science and International Affairs, Moscow-based defense and security expert and writer from 1993 to 2008. • William Tobey. Senior fellow at Harvard University’s Belfer Center for Science and International Affairs and director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, deputy administrator for Defense Nuclear Nonproliferation at the U.S. National Nuclear Security Administration from 2006 to 2009. • Colonel General Viktor Yesin (retired Russian Armed Forces). Leading research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences and advisor to commander of the Strategic Missile Forces of Russia, chief of staff of the Strategic Missile Forces from 1994 to 1996. • Major General Pavel Zolotarev (retired Russian Armed Forces). Deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, head of the Information and Analysis Center of the Russian Ministry of Defense from1993 to 1997, section head - deputy chief of staff of the Defense Council of Russia from 1997 to 1998.http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html

I. Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and
AND
the intention to acquire and use nuclear weapons is as strong as ever.

A nuclear terror attack results in extinction – equivalent to a full scale nuclear war.
Toon 7 (Owen B., chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, “Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism,” online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf

To an increasing extent, people are congregating in the world’s great urban centers,
AND
should be carried out as well for the present scenarios and physical outcomes.

Plan solves –
First, plan would preserve the intelligence value of detention by recognizing the executive nature of warfighting.
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
AND
be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.

Second, plan solves rendition pressures by accommodating concerns from all sides to prevent forum shopping.
Kimery 9 (Anthony, Homeland Security Today's Online Editor and Online Media Division manager 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
, but it would serve as a template for other nations to emulate.

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
AND
¶ 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
AND
,66 and — most relevant for the detainee-transfer con- text

— has regulated extradition, both by treaty and by legislation.67¶ As
AND
Just because a congressional policy choice is wrong does not make it unconstitutional.