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Flowchart: How the Government Handles a Terrorist Threat

Daniel L. Byman and
Daniel L. Byman
Daniel L. Byman Director and Professor, Security Studies Program - Georgetown University, Senior Fellow - Foreign Policy, Center for Middle East Policy

Benjamin Wittes
Benjamin Wittes Senior Fellow - Governance Studies, Editor-in-Chief - Lawfare

January 4, 2013

Over the past two years, the Obama administration has begun to formalize a so-called “disposition matrix” for suspected terrorists abroad: a continuously evolving database that spells out the intelligence on targets and various strategies, including contingencies, for handling them. Although the government has not spelled out the steps involved in deciding how to treat various terrorists, a look at U.S. actions in the past makes it possible to reverse-engineer a rough decision tree for certain types of suspects.

Understanding these procedures is particularly important for one of the most vexing, and potentially most dangerous, categories of terrorists: U.S. citizens. Over the years, U.S. authorities have responded with astonishing variety to American nationals suspected of terrorism, from ignoring their activities to conducting lethal drone strikes. All U.S. terrorists are not created equal. And the U.S. response depends heavily on the role of allies, the degree of threat the suspect poses, and the imminence of that threat — along with other factors.

What follows is a flow chart that takes us through the criteria and decision points that can lead to a suspect terrorist’s being ignored as a minor nuisance, being prosecuted in federal court, being held in a Pakistani prison, or being met with the business end of a Hellfire missile.

Click any numbered section of the chart for details on the decision process at that point.