Tournament: Shirley | Round: 2 | Opponent: Arizona State Rajan-Vered | Judge: Lucas-Bolin

Prologue: The Trial of Khalid Sheikh Mohammed

Welcome to the trial of Khalid Sheikh Mohammed, the planner of 9/11 and the admitted murderer of 2, 978 innocent people. This is the man who’s proverbial gunshot started a war, a war that America is still fighting today against the forces of evil that threaten the democracy that we hold so dear, a war that we are dedicated to fighting forever more. In America, we assume people are innocent until proven guilty. Khalid Sheikh Mohammed stands guilty before proven guilty. He confesses:

Khalid Sheikh Mohammed 2007."Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10024." (2007). Web. 26 Oct. 2013.
I was Emir (i.e., commander) of Beit Al Shuhada (
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was responsible for the 9/11 Operation, from A to Z.

But before passing judgment, let the defense stand:

Chapter 1: The Defense

We would like to enter into the record that Khalid Sheikh Mohammed was tortured.

Bradbury 05 (Steven G. Bradbury, Former Principal Deputy Assistant Attorney General, "Memorandum for John A Rizzo Senior Deputy General Counsel", Central Intelligence Agency, U.S. Department of Justice, Office of Legal Counsel May 30, 2005)
The CIA used the waterboard "at least 83 times during August 2002" in the interrogation of Zubaydah. IG Report at 90, and 183 times during March 2003 in the interrogation of KSM, see id. at 91.

The government only tortures when it is necessary; or so it claims.

Q:  You find torture effective.  A:  yes.  Q:  Only to be used in limited circumstances, those limited circumstances being "necessary for public safety?"  A: Yes.  Q:  the government decides the necessity of the use of torture correct?  A:  Yes that’s correct.  Q:  We can agree that in general torture is not tolerated by Americans?  A: We can agree.  Q:  So you have to keep it quiet?  A:  We do.

Rejali 2009. Rejali, Darius. Torture and Democracy. Princeton, NJ, USA: Princeton University Press, 2009. p 45-46. Professor of political science at Reed College.
As a matter of historical record, torture has characterized democratic as well as authoritarian
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the streets whatever the cost. Each process generates powerful demands for torture.
Khalid Sheikh Mohammed bears witness the contradictions that animate American democracy.
Khalid Sheikh Mohammed 2007."Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10024." (2007). Web. 26 Oct. 2013.
DETAINEE: What I wrote here, is not I’m making myself hero, when
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finish statement. I’m asking you to be fair¶with other people.
The torture and detention of the body of Mohammed is a result of the our democracy’s denial of Mohammed’s right to exist and request redress as a subject before the law—we tell ourselves that he must be tortured in the name of preserving the United States of America. He must legally die for democracy to survive.
Zizek 2007. Zizek, Slavoj. "Knight of the Living Dead." The New York Times 24 Mar. 2007 ~London~ , opinion ed. Web. 22 Oct. 2013.
SINCE the release of Khalid Shaikh Mohammed’s dramatic confessions, moral outrage at the extent
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arguably our civilization’s greatest achievement, the growth of our spontaneous moral sensitivity.
The treatment of Mohammed suggests that democracy and totalitarianism are not opposed, but are part of the same genus. In the state of exception, the definition of life, which warrants the exercise of sovereign force, becomes the central question of politics.
Agamben 1998 ~Giorgio: Professor of Philosophy and Aesthetics at the University of Verona Homo Sacer: Sovereign Power and Bare Life. Translated by Daniel Heller-Roazen. P. 120-123.
1.2 Karl Lowith was the first to define the fundamental charac¬ter of totalitarian
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rebirth of new forms of fascism in Europe also have their roots here.
Along with the emergence of biopolitics, we can observe a displacement and gradual expansion
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modernity, whose metamorphoses and disguises we will have to learn to recognize.

The refusal to understand Mohammed as the subject of torture indexes his status as barbaric life understood as constitutively unable of existing in the West.

Prozorov06 (Sergei Prozorov, Professor of International Relations at Petrozavodsk State University and Collegium Research Fellow at the Helsinki Collegium for Advanced Studies, Liberal Enmity: The Figure of the Foe in the Political Ontology of Liberalism, Millennium - Journal of International Studies, Vol.35 No. 1, pp75-99) NAR
Secondly and consequently, the ’war on terror’ is of particular interest, insofar
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obscuring the reflection on the concrete meaning of antagonism in contemporary political life.

And the external has been posited as the internal; the United States to position itself as sovereign over the world in the name of democracy and civilization. We are the enforcers of the law of the virtuous empire that must expand and colonize.

de Benoist 13 (Alain, Head of GRECE, Editor of Nouvelle Ecole ("New School") and Krisis , Studied Political Science At University of Paris, Carl Schmitt Today: Terrorism, Just War, and the State of Emergency)
The messianic certitude of incarnating the good, this tendency to posit the American principles
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Their unilateralism, even more than their isolationalism, cannot be otherwise explained.

The state of exception causes permanent and virtual enslavement that enacts the violence of the law as a natural expression of colonial thought. The racialized body feels the full force of the law while being excluded from the polity.
Maldonado-Torres 2008 (Nelson, Professor of Ethnic Studies at UC-Berkeley, Against War p. 216-223
For Dussel, the phenomenology of the "21 conquer" helps to clarify the constitutive
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war, with which this book opened.¶ ————F¶ I I¶

Thus, the judiciary should find Khalid Sheikh Mohammed not guilty.

Chapter 2: The Verdict

Imagining a verdict of innocence for Mohammed translates his life from "bare" into "political"—the affirmative gives Mohammed a legal status that produces the possibility of his inclusion into political space by signaling that his torture was a crime rather than a necessity—when the judge affirms his innocence it interrupts the state of exception by repudiating the implicit definition of life that fuels the engine of destruction.
Williams 08 Williams, Daniel R. "After the Gold Rush - Part 2 Hamdi, the Jury Trial, and Our Degraded Public Sphere." Penn State Law Review 113 (11/13/2008): n. pag. Print.
So, the state of exception, as it might be understood in the context
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the ¶ Sovereign, through the machinery of government, keep us safe.

The law is a performative event—the judge performs the law by voting affirmative, generating a social practice that does not conserve the sovereign violence of the state of exception but instead produces a politics distinct from the vampiric public sphere of the status quo.

Hariman 1990. Hariman, Robert. Popular Trials. Tuscaloosa And London: The Univerrsity of Alabama Press, 1990. 17-18. Print.
In the seventh book of the Laws Plato justifies censorship of the¶ theatrical companies
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Scott, Tom Paine, Thomas¶ Wentworth, Martin Luther, Socrates ....

The act of the imagining contained in the decision to vote affirmative breaks down the conservative conception of the law in the state of exception.

Gaonkar 02 Gaonkar, Dilip Parameshwar¶ Toward New Imaginaries: An IntroductionPublic Culture 14.1, Winter 2002 http://muse.jhu.edu/journals/public_culture/v014/14.1gaonkar02.html-Public Culture 14.1, Winter 2002 http://muse.jhu.edu/journals/public_culture/v014/14.1gaonkar02.html
Within the traditional ontology of determinacy, the imaginary dimension is seen as derivative,
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instituting and self-understanding and becoming willing to take responsibility for it. 

Voting affirmative activates a constituent power that nullifies the constituted excess of sovereignty.

Frank 2KJason A. Frank "The Abyss of Democracy": Antonio Negri’s Democratic Theory¶ Theory 26 Event-http://muse.jhu.edu/journals/theory_and_eventVolume 4, Issue 1, 2000-http://muse.jhu.edu/journals/theory_and_event/toc/tae4.1.html~| 10.1353/tae.2000.0007
At the center of both works stands Negri’s distinction between constituent power and constituted power
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ontology, which has openness to difference and innovation at its very heart.
to difference and innovation at its very heart
The affirmative performs the law not to replicate or conserve it, but rather to jam the legal violence of the status quo by acting as the troublemaker.
Garrison 2009. Garrison, Alysia E. "Agamben’s Grammar of the Secret Under the Sign of the Law." Law Critique 20 (2009): 281-97. Print.
"The ’secret’ of sovereignty then, in the form of inscrutable law,
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the divine, all human reason shatters’ (1995, p. 78)."
The true threat to law is an oppositional violence that could claim legitimacy, however this revolutionary violence recreates the violent foundations of law—voting affirmative produces an act of divine violence that does not answer to the violent law in the state of exception.
Derrida, 1990 (Jacques, "Force of Law: The ’Mystical Foundation of Authority’", 11 Cardozo L. Rev. Issue 5-6. Pg. 987-995, ellipses omit French Translation)
The telling example would here be that of the right to strike. In class
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could be carried by metonymy back toward the conceptual generality of the essence.
Activation of the law second guesses the presumption of innocence accorded to the state of exception. Our advocacy reverses the deference of the judiciary to the securitized colonial state.
Williams 08 Williams, Daniel R. "After the Gold Rush - Part 2 Hamdi, the Jury Trial, and Our Degraded Public Sphere." Penn State Law Review 113 (11/13/2008): n. pag. Print.
The suspension of the criminal-justice process, and the expansion of¶ sovereign
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-government ¶ constraint and thus within the reviewing power of the courts.
Voting affirmative politicizes the state of exception by enacting a restriction on permanent American militarism.
Williams 08 Williams, Daniel R. "After the Gold Rush - Part 2 Hamdi, the Jury Trial, and Our Degraded Public Sphere." Penn State Law Review 113 (11/13/2008): n. pag. Print.
What is troublesome with this picture—and what will herein be a¶ continuation
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so dubious to situate Hamdi in a storyline of¶ democracy in action.

And now let the prosecution take the stand.

Tournament: Wayne State | Round: 1 | Opponent: John Carroll Mav | Judge: DeLong

1AC

Contention 1 is Just War Theory

Obama is waging a "just war" against terrorists

Obama 13, Barack. "Obama’s Speech on Drone Policy." NYTimes.com. New York Times, 23 May 201. Web. http://www.nytimes.com/2013/05/24/us/politics/transcript-of-obamas-speech-on-drone-policy.html?pagewanted=all.

But despite our strong preference for the detention and prosecution of terrorists, sometimes this
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war waged proportionally, in last resort, and in self-defense.

Targeted killing is how Obama deals with these "unreasonable actors"

McCrisken 11 McCrisken, Trevor. "Ten years on: Obama’s war on terrorism in rhetoric and practice." International Affairs 87, no. 4 (2011): 781-801.

Although publicly insisting that he sees the world in shades of grey rather than ¶
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attack while also finally ¶ extricating the US from its longest combat campaign.

Targeted killing is justified through what Obama believes to be our "unique moral obligation"

Wellman 5/24 James Wellman, "Drones, Mr. Niebuhr, and President Obama." James Wellman on American Religion. 24 May 2013. Web. 21 Aug. 2013. http://www.patheos.com/blogs/jameswellman/2013/05/drones-mr-niebuhr-and-president-obama/.

Enter drones
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 reading of history).

This makes targeted killing of discursively constructed threats inevitable

Roberts 4/22 Roberts, Kristin. "When the Whole World Has Drones." NationalJournal.com. National Journal, 22 Mar. 2013. Web. 09 Aug. 2013. http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321.
That’s only part of the problem with the White House’s trust-us approach.
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by principles and rules of the Constitution and of the Bill of Rights."¶

Contention 2 is Annihilation

Scenario One is Global Civil War

Framing a conflict as a just war of Good versus Evil intensifies violence; an unjust enemy cannot be shown tolerance.

Slomp in 061 (Gabriella, University of St. Andrews, "Carl Schmitt’s Five Arguments against the Idea of Just War," Cambridge Review of International Affairs, Vol. 19, No 3, September 2006, pg. 437-438)

The second argument deployed by Schmitt against just war is that  it
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consider the enemy as evil and exempts one from following jus in bello.

Just war inevitably leads to the development and use of weapons of mass destruction

Slomp in 064(Gabriella, University of St. Andrews, "Carl Schmitt’s Five Arguments against the Idea of Just War," Cambridge Review of International Affairs, Vol. 19, No 3, September 2006, pg. 442-444)

Like many historians, Schmitt dates the crisis of classical jus publicumeuropaeum back to the
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’Tantum licet in bello justo21’ (Schmitt 1997, 299).

A moral impetus for war ensures escalation of violence as fighting as a just belligerent justifies all actions against the unjust.

Rasch04 (William, Prof. of German Studies, Indiana U, Sovereignty and its Discontents, Birkbeck Law Press, pg. 60) my

Schmitt’s critique of the just war doctrine follows from these reflections, a fact that
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individual nation-states who ’obstinately’ cling to the notion of sovereignty. 

The total war between good and evil brought about by just war justifies the worst atrocities and dehuminization

de Benoist 13 (Alain, Head of GRECE, Editor of Nouvelle Ecole ("New School") and Krisis , Studied Political Science At University of Paris, Carl Schmitt Today: Terrorism, Just War, and the State of Emergency)
From this perspective, it is no coincidence that the epoch in which human rights
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projectiles, cluster bombs, anti-personnel mines, and so on. 

Modern liberalism cannot coherently account for the use of violence—without clear enemies, any excuse becomes a justification for war—this is deeply nihilist.

Colombo 07 (Alessandro Colombo is Professor of International Relations in the University of Milan and the author of essays on the conceptual aspects of international politics and the speci?cs of regional security problems in Europe. Writing in The international political thought of Carl Schmitt: Teror Liberal War and the Crisis of Global Order pg 31-34)
The end of the equivalence between ’the state’ and ’politics’ also clearly indicates
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true world, a world they even think they are destined to govern.

Scenario Two is Colonialism

The universalism used to fight Just Wars leads to endless war and conquest

de Benoist 13 (Alain, Head of GRECE, Editor of Nouvelle Ecole ("New School") and Krisis , Studied Political Science At University of Paris, Carl Schmitt Today: Terrorism, Just War, and the State of Emergency)
The messianic certitude of incarnating the good, this tendency to posit the American principles
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Their unilateralism, even more than their isolationalism, cannot be otherwise explained.

Imperialism causes extinction and an unending cycle of global war

William Eckhardt, Lentz Peace Research Laboratory of St. Louis, February 1990, Journal of Peace Research, Vol. 27, No. 1, jstor, p. 15-16
Wright looked at the relation between modern civilization and war in somewhat more detail,
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challenge is very urgent indeed. Life itself may depend upon our choice.

Continued colonialist oppression will compound the genocidal effects ending in extinction

Porter 98(Robert B. Porter, Seneca and Professor of Law and Director of the Tribal Law and Government Center, University of Kansas, Chief Justice, Supreme Court of the Sac and Fox Nation, 21 University of Michigan Journal of Law and Reform, 1998)

Nonetheless, this otherwise natural process was dramatically altered by colonization. These colonizing efforts
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natural evolutionary process of the people being colonized to the point of extinction.

Thus the plan: The Supreme Court of the United States should rule to restrict the president’s authority to conduct targeted killing justified through Just War Theory.

Contention 3 is Solvency:

Our intervention insists on application of law; this legal intervention generates a new norm.

Schmitt 34 (Carl Schmitt, Prof. of Political Science @ Univ. of Berlin, 2005, Political Theology, Pub. 1934, Trans. George Schwab, Univ. of Chicago Press: Chicago, p. 30-2) NAR

All these objections fail to recognize that the conception of personality and its connection with
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should be understood that this last contrast is of no consequence to jurisprudence.

Presidents use moral rhetoric to create standards and shape the political reality of their authority; intervening on that level is unprecedented and cuts the legs out from under the Obama administration’s justifications.

Shogan 07 Shogan, Colleen J.. Presidential Rhetoric : Moral Rhetoric of American Presidents.¶ College Station, TX, USA: Texas A26M University Press, 2007. p 5.¶ http://site.ebrary.com/lib/pitt/Doc?id=1043602626ppg=18¶ Copyright © 2007. Texas A26M University Press. All rights reserved.
As stated earlier, this study of presidential moral and religious rhetoric elucidates the more
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such language can either confirm the status quo or create new standards. 

Rejecting just war creates a better norm for war fighting.

Slompin 06 5 (Gabriella, University of St. Andrews, "Carl Schmitt’s Five Arguments against the Idea of Just War," Cambridge Review of International Affairs, Vol. 19, No 3, September 2006, pg. 440-442)

¶We may recall that the second argument deployed by Schmitt against just war is
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him with the power emanating from the entity’ (Schmitt 1996, 45).

Conflicts and wars are inevitable but they can be bracketed by divorcing moral claims from violence.

Rasch2 (William, Prof. of German Studies, Indiana U, Sovereignty and its Discontents, Birkbeck Law Press, pg. 21-22) my
Do we define ourselves by the enemies we make? Carl Schmitt thought so,
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arena of this larger pluralism in which the political is to be found. 

Changing rhetoric is key – Status quo discourse is stuck in Just War theory.

Pan 10 Pan, David. "Carl Schmitt and Barack Obama on Political Identity in a Multi-polar World."Telos Press. Telos, 10 Aug. 2010. Web. 09 Sept. 2013. http://www.telospress.com/carl-schmitt-and-barack-obama-on-political-identity-in-a-multi-polar-world/.
Barack Obama, continuing this long-standing policy, affirms in his Nobel Prize
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it must be considered a specific ideology and not an absence of ideology. 

America is the lynchpin of just war fighting in the modern era; it’s ingrained in American foreign policy.

de Benoist 13 (Alain, Head of GRECE, Editor of Nouvelle Ecole ("New School") and Krisis , Studied Political Science At University of Paris, Carl Schmitt Today: Terrorism, Just War, and the State of Emergency)
There is no doubt that Carl Schmitt’s critique of the ’just war’ of modern
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term, that ’America stands alone as the world’s indispensable nation.’

The plan’s precedent is modeled globally.

Narasimhan 10 Angela G. Narasimhan, Ph D Candidate in Poli Sci @ Syracuse, 2010 ("A more global court? A call for a new perspective on judicial globalization and its effect on the U.S. Supreme Court." Studies in Law, Politics and Society, Special Issue Interdisciplinary Legal Studies: The Next Generation. Pg. 123-151. Emerald Group Publishing)
Indeed, the greater political environment in which the Court operates has changed in recent
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judicial globalization may have influenced the Court in other ways has been overlooked.

Tournament: Shirley | Round: 2 | Opponent: Arizona State Rajan-Vered | Judge: Lucas-Bolin
Authority refers to the capacity to take action grounded in a system of rules which delegates responsibility to the given officer for said action
Reeve No Date Given
/Andrew, Professor of Politics at Warwick, Studied Philosophy, Politics and Economics at Oxford, concentrating on the latter two. He pursued postgraduate study at Nuffield College, Oxford, before joining the Warwick department as a probationary lecturer in 1976, http://www.answers.com/topic/authority accessed on 9/7/13/
Authority
The right or....formulate one

Tournament: Shirley | Round: 4 | Opponent: Boston College KK | Judge: Ron Stevenson
No terror threat
Walt ‘12Stephen M. Robert and Renée Belfer professor of international relations at Harvard University, "'America the brittle?'" September 10, Foreign Policy, http://walt.foreignpolicy.com/posts/2012/09/09/inflating_the_terrorist_threat_again
 According to yesterday's....than al Qaeda did.

Terrorism “experts” obscure the violence of the military industrial complex, pacifying hegemonic violence
Greenwald 8/15(Glen Greenwald, 15 August 2013, “The sham “terrorism expert” industry”, Salon, ??http://www.salon.com/2012/08/15/the_sham_terrorism_expert_industry/, DA: 7 October 2013, mjb)¶

This flaw in the concept ... Muslim civilians never could).¶