In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts
In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
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A Brief History of Terrorist Attacks Against United States Interests
The Data on Cases Prosecuted in Federal Court
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2d Cir 4th Cir 9/11 Commission Report a/so Abdel Rahman agents al-Arian al-Marri al-Moayad alleged application arrest attacks Attomey authority Brady Brady material charges CIPA classified information conduct Congress convicted crime criminal justice system custody defendant defendant's defense counsel Dep't of Justice detained detention disclosure el-Hage Embassy Bombings enemy combatant extradition federal courts filed FISA foreign intelligence foreign terrorist organization Goba govemment govemment's immigration individuals intemational terrorism intended investigation issues Jose Padilla Judge jurisdiction jury Laden law enforcement Lindh material witness military Mohammed Moussaoui Mukasey national security Padilla Plea Agreement pled guilty pre-trial prison procedures prosecutors protect provide material support Qaeda Ramzi Yousef Ressam Rezaq seditious conspiracy sentence Smith Act speedy trial Stat statements statute Supp surveillance suspected terrorism prosecutions terrorism trial testimony treason United USA PATRIOT Act violation Wadih el-Hage White Paper Yousef