Domestic Terror Court Needed

June 4th, 2008

My proposal is to establish a domestic terror court for the trying of those suspected of involvement in terror.  I think an international court or Article III courts are both not going to be the appropriate response once we close Guantanamo.  I also think it’s going to be critical to undergo a vetting process establishing this objective criteria for determining who really needs to stay in detention.  A domestic terror court, in terms of the introduction of classified information and not having a jury trial, I think as we move forward that’s going to be the most realistic, workable proposal.

It’s clear that there are problems with my proposal.  I am well aware of that.  That being said, I think it’s the most realistic, workable option.  The idea of having some kind of commission to look at the various options and proposals objectively and including a comparative approach is also correct.  But at the end of the day, we need to set up a system that enables us to try individuals who we’ve held for six and a half years and end up in detention, which is clearly a violation of the Constitution.

Editor’s Note: Guiora testified before the Senate Judiciary Committee today.


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By Amos Guiora, Professor of Law at University of Utah