Domestic Terror Courts

I have argued, “Quirin to Hamdan: Creating a Hybrid Paradigm for the Detention of Terrorists”, Florida Journal of International Law (forthcoming) and “Where are Terrorists to be Tried – A Comparative Analysis of Rights Granted to Suspected Terrorists“, Catholic University Law Review, Vol. 56, No. 2, Spring 2007 for the need to establish an alternative legal paradigm for bringing to trial individuals presently detained in Guantanamo Bay and Abu Ghraib.

My proposal would require amending the Foreign Intelligence Surveillance Act (FISA) Court so that it would function as a domestic terror court. The defendants would be granted most—but not all—of the criminal law rights available to defendants in the Article III courts today. One of the primary distinctions is that defendants brought before the amended FISA Court would not be guaranteed—because of the need to protect sources—the right to confront all of their accusers. The proposal which includes independent judicial review of remand and conviction decisions alike would enable the government to bring to trial both US and non-US citizens (including those currently held outside of the US who would be brought to the US for trial) to whom certain constitutional privileges (including Miranda) would be extended.

The proposal is mentioned in the following article:,1,952291.story?coll=la-headlines-nation