Terrorism the Trials Afforded Convention Thesis

(Turner and Schulhofer, 2005)

IV. Proposed Remedy

It was reported in the Washington Post July 27th 2008 edition that "modern realities strongly argue against using the federal courts as the exclusive arena to hold or try all terrorism suspects. The first priority of a president must be to protect the country from attack. The president must have the legal flexibility to detain those against whom there is credible, actionable intelligence but not enough evidence to bring charges." (Washington Post, 2008) There are also security challenges in regards to traditional federal court proceedings. Therefore, the Washington Post report proposed a specialized national security court that would be "...Modeled after the court that processes surveillance warrants under the auspices of the Foreign Intelligence Surveillance Act (FISA)" and based in Washington with a staff of federal judges who would sit part time on the court for a set duration of time. This proposed court would be characterized by a "...separate trial scheme for detainees later charged with crimes..." And "...more relaxed evidentiary standards than those that prevail in federal court..." (Washington Post, 2008)

Summary and Conclusion

While it is likely not feasible to try terrorist suspects in federal courts, it is desirable that the principles of the U.S. Constitution be more firmly adhered to in trying these suspects. A court such as proposed by the Washington Post in its 2008 article would serve to establish a system of trial for terrorism suspects that is more adherent to Constitutional principles but however that avoids the issues and challenges of trying these individuals in the U.S. Federal Courts.

Bibliography

Workable Terrorism Trials (2008) The Washington Post. 27, 2008 Jul Editorials. Online available at: http://www.washingtonpost.com/wp-dyn/content/article/2008/07/26/AR2008072601555.html

Turner, Serrin and Sculhofer, Stephen J. (2005) The Secrecy Problem in Terrorism Trials. Liberty & National Security Project. Brennan Center for Justice at NYU School of Law. Online available at: http://brennan.3cdn.net/2941d4bea7c3c450d2_4sm6iy66c.pdf

Civilian, Military Trails Prosecute Terrorism Suspects Differently (2009) USA Today. Online available at: http://www.usatoday.com/news/washington/2009-11-22-civilian-vs.-military-trials_N.htm.....