Monday, February 8, 2010

Mayer on KSM's Trial

Jane Mayer, author of The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals, wrote an excellent piece in the New Yorker detailing Attorney General Eric Holder's decision to try Khalid Sheikh Mohammed in the regular federal courts (and not before a military commission).

Mayer's article comes as the administration is more aggressively defending its decision to deal with some alleged terrorists through the regular criminal justice system and in Article III courts.  (We posted on Holder's letter to Senator McConnell outlining the reasons for dealing with the December 25 would-be bomber through the regular criminal justice system last week.)

A good part of the administration's case is based on the prior administration's practices:  The Bush administration similarly treated a number of terrorist suspects through the regular criminal justice system.

SDS

http://lawprofessors.typepad.com/conlaw/2010/02/mayer-on-ksms-trial.html

Due Process (Substantive), Executive Authority, Foreign Affairs, Fundamental Rights, International, Jurisdiction of Federal Courts, News, Procedural Due Process, Recent Cases, War Powers | Permalink

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