The attacks of September 11 awakened many to the reality that the end of the Cold War did not mean an end to foreign violent threats. Some Americans grew wary of alleged possible enemies in their midst and hate crimes against Muslim Americans—and those thought to be Muslims—surged in the aftermath.

The Office of Homeland Security

Fearing that terrorists might strike within the nation’s borders again, and aware of the chronic lack of cooperation among different federal law enforcement agencies, Bush created the Office of Homeland Security in October 2001. The next year, Congress passed the Homeland Security Act, creating the Department of Homeland Security, which centralized control over a number of different government functions in order to better control threats at home. The Bush administration also pushed the USA Patriot Act through Congress, which enabled law enforcement agencies to monitor citizens’ e-mails and phone conversations without a warrant.

Figure 1. The Department of Homeland Security has many duties, including guarding U.S. borders and, as this organizational chart shows, wielding control over the Coast Guard, the Secret Service, U.S. Customs, and a multitude of other law enforcement agencies.

The Bush administration was fiercely committed to rooting out threats to the United States wherever they originated, and in the weeks after September 11, the Central Intelligence Agency (CIA) scoured the globe, sweeping up thousands of young Muslim men. Because U.S. law prohibits the use of torture, the CIA transferred some of these prisoners to other nations—a practice known as rendition or extraordinary rendition—where the local authorities can use methods of interrogation not allowed in the United States.

The Terrorist Surveillance Program

While the CIA operates overseas, the Federal Bureau of Investigation (FBI) is the chief federal law enforcement agency within U.S. national borders. Its activities are limited by, among other things, the Fourth Amendment, which protects citizens against unreasonable searches and seizures. Beginning in 2002, however, the Bush administration implemented a wide-ranging program of warrantless domestic wiretapping, known as the Terrorist Surveillance Program, by the National Security Agency (NSA). The shaky constitutional basis for this program was ultimately revealed in August 2006, when a federal judge in Detroit ordered the program ended immediately.

The use of unconstitutional wiretaps to prosecute the war on terrorism was only one way the new threat challenged authorities in the United States. Another problem was deciding what to do with foreign terrorists captured on the battlefields in Afghanistan and Iraq. In traditional conflicts, where both sides are uniformed combatants, the rules of engagement and the treatment of prisoners of war are clear. But in the new war on terror, extracting intelligence about upcoming attacks became a top priority that superseded human rights and constitutional concerns. For that purpose, the United States began transporting men suspected of being members of al-Qaeda to the U.S. naval base at Guantanamo Bay, Cuba, for questioning. The Bush administration labeled the detainees “unlawful combatants,” in an effort to avoid affording them the rights guaranteed to prisoners of war, such as protection from torture, by international treaties such as the Geneva Conventions. Furthermore, the Justice Department argued that the prisoners were unable to sue for their rights in U.S. courts on the grounds that the constitution did not apply to U.S. territories. It was only in 2006 that the Supreme Court ruled in Hamdan v. Rumsfeld that the military tribunals that tried Guantanamo prisoners violated both U.S. federal law and the Geneva Conventions.

Abu Ghraib Controversy

As the 2004 campaign ramped up, the president was persistently dogged by rising criticism of the violence of the Iraq war and the fact that his administration’s claims of WMDs had been greatly overstated. In the end, no such weapons were ever found. These criticisms were amplified by growing international concern over the treatment of prisoners at the Guantanamo Bay detention camp and widespread disgust over the torture conducted by U.S. troops at the prison in Abu Ghraib, Iraq, which surfaced only months before the election.

Figure 2. The first twenty captives were processed at the Guantanamo Bay detention camp on January 11, 2002 (a). From late 2003 to early 2004, prisoners held in Abu Ghraib, Iraq, were tortured and humiliated in a variety of ways (b). U.S. soldiers jumped on and beat them, led them on leashes, made them pose naked, and urinated on them. The release of photographs of the abuse raised an outcry around the world and greatly diminished the already flagging support for American intervention in Iraq.

In March 2004, an ambush by Iraqi insurgents of a convoy of private military contractors from Blackwater USA in the town of Fallujah west of Baghdad, and the subsequent torture and mutilation of the four captured mercenaries, shocked the American public. But the event also highlighted the growing insurgency against U.S. occupation, the escalating sectarian conflict between the newly empowered Shia Muslims and the minority of the formerly ruling Sunni, and the escalating costs of a war involving a large number of private contractors that, by conservative estimates, approached $1.7 trillion by 2013. Just as importantly, the American campaign in Iraq had diverted resources from the war against al-Qaeda in Afghanistan, where U.S troops were no closer to capturing Osama bin Laden, the mastermind behind the 9/11 attacks.