Islam,Terrorism and Jihad
Workable Terrorism Trials
A special federal court could balance fundamental rights and
national security needs.
An editorial in The Washington Post
July 27, 2008; Page B06
Modelled after the court that processes surveillance warrants under the auspices of the Foreign Intelligence Surveillance Act (FISA), a national security court could be based in Washington and staffed by federal judges from around the country who would sit part-time on the court for a set number of years. Unlike the FISA court, where only the government routinely argues before the panel, a national security court would be fully adversarial. Detainees would be represented by lawyers with security clearance to review classified information being used against their clients. Detainees would have the right to review a broad range of evidence, or at least as extensive a summary of the evidence as was practicable. The defence could present evidence and witnesses to counter government allegations. Judges would conduct periodic reviews to test the government's rationale for continued detentions. Judges would also have the power to order releases that would be coordinated with the White House and State Department to ensure the detainees' transfer to their home countries or to acceptable third countries. Decisions of the national security court would be appealable to a panel of other Senate-confirmed federal judges serving fixed terms.
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12:55 AM
Moderate Islamist here
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