Andrew McCarthy, who successfully tried the Blind Sheik for the 1993 World Trade Center bombing - and put him away for life - is no fan of trying terrorists in civilian courts. He's also no fan of military tribunals which he thinks have done a poor job in the terrorists trials they have so far conducted.
Rather than just criticize, though, McCarthy has come up with a third way to handle trials for terrorists. He's calling for a national-security court system that will meld the best of both worlds: civilian courts and military tribunals.
The National Security Court System would be staffed the same way the Foreign Intelligence Surveillance Court is staffed. The civilian judges would be assigned by the chief justice, and classified information would be protected. The terrorists would be granted rights that "are fair but that do not equal the constitutional rights of American citizens."
To prevent judges from inflating due-process protections, as they have liberty to do in the civilian system, Congress can prescribe exacting rules. Lawmakers can include a direction that terrorist defendants are not entitled to any rights, privileges, or protections not explicitly spelled out in the legislation. Government prosecutors can be given the power to appeal instantly if a trial judge suppresses evidence, dismisses counts, or tries to grant accused terrorists benefits beyond what Congress has enacted.
It sounds like an idea worth trying, but getting the legislative branch and the executive branch (especially Eric Holder) to agree on anything so revolutionary would probably be a bridge too far.
To read McCarthy's proposal in detail, which was published today on National Review Online, click on the link below.
How Should Terrorists Be Tried? - Andrew C. McCarthy - National Review Online
