(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...
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