Posted by Jonathan Adler:
McCarthy's "National Security Court" Proposal:
http://volokh.com/archives/archive_2007_07_15-2007_07_21.shtml#1184681651
On NRO's The Corner, Andrew McCarthy, Director of the Center for Law
and Counterterrorism at the Foundation for Defense of Democracies,
[1]comments on the Goldsmith-Katyal proposal for a domestic terrorism
court, and highlights his own proposal for a "National Security
Court," outlined in [2]this paper, and previously discussed [3]here.
As summarized by McCarthy:
The paper undertakes to analyze the history of, and problems with,
treating terrorism as a criminal justice issue, as well as the
difficulties of fitting its legal issues into the war paradigm. It
proposes a hybrid: The creation of a new court that takes the best
features of both systems, does not grant terrorists full
constitutional rights, but has enough safeguards that other
countries (in whose territories terrorists are likely to be
apprehended in the future) would be more willing to extradite
detainees to it than they have been to our present military system.
References
1.
http://corner.nationalreview.com/post/?q=ZjExNTBiMDdhODQ0N2ZmNjI3ODc1ZmMxYWZjNjFmN2Y=
2.
http://www.defenddemocracy.org/research_topics/research_topics_show.htm?doc_id=510024
3.
http://article.nationalreview.com/?q=NTZjNWFjNmEzYzA5ZDlhZWIwMDU2MTc0YmEwODFjY2U=
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