September marked the 23rd anniversary of the 2001 al-Qaeda attacks on the United States, which claimed nearly 3,000 lives. For the past two decades, the aftermath of these attacks has continually reshaped the nation through what became known as the Global War on Terror (GWOT). This conflict initiated substantial changes within American institutions, where governmental secrecy overshadowed transparency and accountability. Established laws and constitutional principles were often overlooked, leading to a departure from traditional norms that had governed the country for over two centuries. The ongoing implications of this war continue to affect the nation today, especially as it grapples with political turmoil.
An open question remains: Will the war on terror ever conclude? Recent developments have sparked discussions around this theme, particularly following endorsements of Vice President Kamala Harris by key figures from the George W. Bush administration, whose policies were instrumental in launching the GWOT. Notably, former Vice President Dick Cheney, who played a pivotal role in leading the nation into a controversial invasion of Iraq, publicly supported Harris, as did Alberto Gonzales, who was integral in establishing practices related to torture and surveillance during those years.
These surprising endorsements could signal a shift in how the war on terror influences American politics. Signs of a potential end to this prolonged conflict have emerged sporadically over the past decade and a half, from the 2011 operation that killed al-Qaeda leader Osama bin Laden, to President Barack Obama’s declaration of a final withdrawal from Iraq in December 2011, to the U.S. exit from Afghanistan in 2021 following a prolonged military presence.
In its latest report, the Department of Homeland Security highlighted a significant decrease in attacks inspired by foreign terrorist organizations, noting only one such incident in the United States in 2022.
Furthermore, prosecutions of international terrorism cases have sharply declined since the Bush administration. While the Justice Department initially charged hundreds of individuals with terrorism-related offenses following 9/11, this trend has drastically shifted. A database monitoring terrorism cases indicated a notable absence of any international terrorism prosecutions as recent as 2014, with domestic terrorism cases increasingly dominating the legal landscape, driven largely by the January 6th insurrection.
Judges have begun revisiting and sometimes overturning convictions from the early GWOT years, demonstrating a shift in judicial perspectives. Notable cases include those of Ali Al-Timimi, whose conviction was reversed, and James Cromitie, who received a compassionate release. These instances highlight a reconsideration of post-9/11 justice and the implications of a changing legal landscape.
The 2001 Authorization for the Use of Military Force (AUMF), which facilitated military action in response to 9/11, continues to exist without temporal limits. Congress has debated revising this authorization, recognizing the transformation in the nature of international terrorism, but such efforts have repeatedly failed, particularly in the absence of strong advocacy following the expected departure of Congresswoman Barbara Lee.
Guantanamo Bay’s detention facility remains a stark reminder of the lingering consequences of the war on terror. Despite a reduction in detainee numbers from around 780 in 2002 to 30 today, significant challenges remain regarding the closure and ongoing legal processes surrounding the remaining individuals. Recent actions aimed at transferring detainees were halted due to concerns over stability in the Middle East, illustrating the complexities surrounding Guantanamo’s future.
Additionally, progress within the military commissions for the 9/11 case was abruptly halted when Secretary of Defense Lloyd Austin revoked a plea deal that had been reached, raising further questions about the possibility of justice and closure in these high-profile cases.
As the nation reflects on over two decades since the 9/11 attacks, it faces a crucial moment to consider how to move past the enduring effects of the GWOT. Calls for reform regarding military authorizations and the approaches to justice for those accused of terrorism are growing louder, emphasizing the urgency to address these issues head-on for the sake of national focus and integrity.