The Resource The secrecy problem in terrorism trials, Serrin Turner & Stephen J. Schulhofer

The secrecy problem in terrorism trials, Serrin Turner & Stephen J. Schulhofer

Label
The secrecy problem in terrorism trials
Title
The secrecy problem in terrorism trials
Statement of responsibility
Serrin Turner & Stephen J. Schulhofer
Creator
Contributor
Author
Issuing body
Subject
Genre
Language
eng
Summary
"The legal landscape of the Nation's fight against terrorism remains unsettled. Remarkably, the questions still unanswered are where and how captured terrorism suspects should be brought to trial. The government presently lacks any clear or consistent policy. Shortly after the September 11th attacks, President Bush announced the creation of special new military commissions to be available to try certain non-citizens suspected of terrorism. The establishment of the new commissions was and continues to be contentious, yet they have not seen much use to date. The rollout of the commissions was bogged down for more than two years while the Department of Defense hammered out their rules and procedures behind closed doors. Four suspects held in Guantánamo, all non-U.S. citizens captured abroad, were eventually charged and have been brought before the commissions in initial, pre-trial sessions. But all commission proceedings have since been halted pending the outcome of litigation in the federal courts after a district court found that the commission's rules violated military and international law. This report aims to advance this debate and, along the way, to identify areas in need of congressional action by exploring the central question at stake: How should we reconcile the competing demands of secrecy, fairness, and accurate decision-making in terrorism trials surrounding habeas corpus? In addition to written sources, this report draws from over twenty detailed interviews with a range of individuals possessing extensive first-hand experience in terrorism investigations and prosecutions. Those interviewed include lead prosecutors and defense counsel involved in the four most significant terrorism cases of the 1990s: the 1993 World Trade Center bombing trial; the trial of Sheikh Omar Abdel Rahman and others for the so-called "Day of Terror" plot, involving a failed scheme to blow up vaious New York City landmarks on a single day; the trial of Ramzi Youself for the "Bojinka" plot, a failed Al Qaeda plan to blow up a dozen airliners crossing the Pacific over a 24-hour period; and the trial of four Al Qaeda members for the 1998 bombings of the U.S. embassies in Kenya and Tanzania. Current and former officials from the Department of Justice, Federal Bureau of Investigations, and Central Intelligence Agency were also consulted."--
Member of
Assigning source
Publisher description
Cataloging source
DOS
http://bibfra.me/vocab/lite/collectionName
HeinOnline Brennan Center for Justice Publications at NYU School of Law Collection
http://library.link/vocab/creatorName
Turner, Serrin
Index
no index present
LC call number
KF9430
LC item number
.T876 2005 ONLINE
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Schulhofer, Stephen J.
  • Brennan Center for Justice,
http://library.link/vocab/subjectName
  • United States.
  • War on Terrorism (2001-2009)
  • Trials (Terrorism)
  • Law and secrecy
  • Military courts
  • National security
  • Terrorism
  • War on Terrorism, 2001-2009
  • Law and secrecy
  • Military courts
  • National security
  • Terrorism
  • Trials (Terrorism)
  • United States
Label
The secrecy problem in terrorism trials, Serrin Turner & Stephen J. Schulhofer
Instantiates
Publication
Copyright
Note
  • "Liberty & national security project."
  • "This paper is covered by the Creative Commons 'Attribution-No Derivs-NonCommercial' license (see http://creativecommons.org). It may be reproduced in its entirety as long as the Brennan Center for Justice at NYU School of Law is credited, a link to the Center's web page is provided, and no charge is imposed. The paper may not be reproduced in part or in altered form, or if a fee is charged, without the Center's permission. Please let the Center know if you reprint."--Preliminary page
Bibliography note
Includes bibliographical references (pages 83-105)
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • What CIPA Does
  • How Well Has CIPA Worked?
  • Restricted Disclosure: Protective Orders and Closure of Proceedings
  • Restricting Disclosure at the Discovery Stage : The "Cleared Counsel" Solution
  • Restricting Disclosure at Trial
  • Declassification
  • Alternate Charges
  • Delay and Pre-Trial Detention
  • Assessment
  • A
  • Introduction -- Part I. The
  • Case Study : United States v. Moussaoui
  • Looking Ahead
  • Part II.
  • Military Tribunals
  • The
  • Legal and Historical Background
  • Traditional Limits on Military Jurisdiction
  • Trial Procedure in Courts-Martial and Military Commissions
  • The
  • Saboteurs' Case
  • Federal Courts
  • Military Commissions in the Wake of the September 11th Attacks
  • What Protection Do Accused Terrorists Deserve?
  • Secrecy without Safeguards
  • Closed Trial Sessions
  • Hearsay and Anonymous Witnesses
  • Limits on the Defendant's Discovery Rights
  • Limits on the Defendant's Opportunity to Obtain Witnesses and Documents
  • Summary
  • Spurious Precedent and Bad Policy
  • Should the Commission System Be "Fixed"?
  • The
  • Conclusion -- Endnotes
  • State of the Debate
  • Basic Rights, Basic Conflicts
  • Ways to Manage the Need for Secrecy
  • Filtering : The Classified Information Procedures Act
  • History of CIPA
Control code
965383576
Extent
1 online resource (105 pages)
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Specific material designation
remote
System control number
(OCoLC)965383576
Label
The secrecy problem in terrorism trials, Serrin Turner & Stephen J. Schulhofer
Publication
Copyright
Note
  • "Liberty & national security project."
  • "This paper is covered by the Creative Commons 'Attribution-No Derivs-NonCommercial' license (see http://creativecommons.org). It may be reproduced in its entirety as long as the Brennan Center for Justice at NYU School of Law is credited, a link to the Center's web page is provided, and no charge is imposed. The paper may not be reproduced in part or in altered form, or if a fee is charged, without the Center's permission. Please let the Center know if you reprint."--Preliminary page
Bibliography note
Includes bibliographical references (pages 83-105)
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • What CIPA Does
  • How Well Has CIPA Worked?
  • Restricted Disclosure: Protective Orders and Closure of Proceedings
  • Restricting Disclosure at the Discovery Stage : The "Cleared Counsel" Solution
  • Restricting Disclosure at Trial
  • Declassification
  • Alternate Charges
  • Delay and Pre-Trial Detention
  • Assessment
  • A
  • Introduction -- Part I. The
  • Case Study : United States v. Moussaoui
  • Looking Ahead
  • Part II.
  • Military Tribunals
  • The
  • Legal and Historical Background
  • Traditional Limits on Military Jurisdiction
  • Trial Procedure in Courts-Martial and Military Commissions
  • The
  • Saboteurs' Case
  • Federal Courts
  • Military Commissions in the Wake of the September 11th Attacks
  • What Protection Do Accused Terrorists Deserve?
  • Secrecy without Safeguards
  • Closed Trial Sessions
  • Hearsay and Anonymous Witnesses
  • Limits on the Defendant's Discovery Rights
  • Limits on the Defendant's Opportunity to Obtain Witnesses and Documents
  • Summary
  • Spurious Precedent and Bad Policy
  • Should the Commission System Be "Fixed"?
  • The
  • Conclusion -- Endnotes
  • State of the Debate
  • Basic Rights, Basic Conflicts
  • Ways to Manage the Need for Secrecy
  • Filtering : The Classified Information Procedures Act
  • History of CIPA
Control code
965383576
Extent
1 online resource (105 pages)
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Specific material designation
remote
System control number
(OCoLC)965383576

Library Locations

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      32.771471 -117.187496
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