U. of U. law professor testifies before
Homeland Security subcommittee

“Terrorism poses a threat that cannot be eliminated. Nor can the government
truthfully claim that it will prevent all terrorist attacks.”

--Professor Amos Guiora

Julia Butler

 

This unsettling conclusion is just part of the message that University of Utah law professor, Amos Guiora, will deliver to members of Congress on Thursday, May 15, as he testifies before the U. S. House Committee on Homeland Security’s Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment.
Guiora, whose expertise is in security and counterterrorism, is a scheduled witness at a hearing titled, “The Resilient Homeland: How DHS Intelligence Should Empower America to Prepare for, Prevent, and Withstand Terrorist Attacks.”
During a telephone interview with the Intermountain Commercial Record/Salt Lake Times on Tuesday, Guiora described the subcommittee’s role as one of an overseer of Homeland Security preparedness. The hearing’s purpose will be to examine the nation’s state of readiness in the event of a terrorist attack. “The subcommittee is looking into the issue of resilience with respect to preparations for a terrorism attack and for how to respond in the aftermath of a terrorist attack. They’re looking at two things: One – Are we prepared for an attack? and Two - Are we prepared for the aftermath?”
When asked whether the subcommittee might be frustrated by the lack of a national plan for homeland security, Guiora responds, “I think there is a concern as to whether or not there is an overarching strategic plan in place [for the nation].”
Guiora states in his prepared testimony, “While measures can be implemented to prevent attacks, civil democratic societies must recognize that [some terrorist] attacks will succeed. In an effort to minimize both the chances of a particular attack and the consequences of a successful attack, it is necessary to create public-private partnerships.”
As for the public-private partnerships to be created, Guiora will reach two primary conclusions in his testimony. First, the need for private sector and public sector cooperation. Second, the need for the two sectors to freely share information.
Guiora explains, “Information sharing [must be] on two different levels: Within the government (State and local) and between government and the private sector.”
Some of his conclusions will be met with reluctance. Guiora predicts that law enforcement will have concerns about engaging in information sharing with the private sector.
Another problem area that Guiora foresees is the ability of businesses to gain critical information about potential employees during the hiring process. “There is some question as to whether or not in order to better protect their businesses we’re going to have to think about rearticulating how we hire people,” he says. “That obviously raises important privacy issues which makes many people uncomfortable.”
Guiora, who teaches a law class on “Global Perspectives on Counterterrorism” at the University’s S. J. Quinney College of Law, incorporates real-life simulations in his teaching. The simulations are based on his former work experiences in the Israel Defense Forces Judge Advocate General’s Corps. A retired lieutenant colonel, he explains, “I developed those during the course of my [19 years of] service in the Israel Defense Forces.”
During a recent simulation at the law school, a proposed terrorist attack was planned for three different locations around the world. Law students played key governmental roles and made highly critical political decisions. Throughout the day, Guiora challenged the students with additional information and new scenarios. “The kids have no idea what’s going to hit them,” he explains, adding, “There’s constant pressure on them from me.
“Which is exactly what happens in a terrorist attack,” he says. “You don’t have a whole lot of information at your disposal. You have to make decisions very quickly based on minimal facts. Then you have to engage in various balancing dilemmas which are the in essence the core of operational counterterror-ism.”
As for his testimony before the subcommittee, “One of my recommendations will be that [the subcommittee] consider undertaking a simulation exercise of their own.”
Guiora joined the Utah faculty last August. He was born in Israel but grew up in the United States and has dual citizenship. Upon graduation from law school in the States, he moved to Israel and was drafted into military service. After retiring from military service, Guiora decided to pursue a career in legal education. Although his friends joke that he is a workaholic, Guiora admits to finding time to enjoy his passions: Running and Michigan football. “I run three or four times a week, 5-10 miles.”
Having grown up in Ann Arbor, Michigan, he adds, “I have season tickets for Michigan football,” he jokes that he is a frequent flyer.
“Last year in 9 months I did 150,000 miles,” he laughs. “That’s when I allow myself to sleep.”