Terrorists and Detainees: Do We Need a New National Security Court?
In the wake of the 9/11 attacks and the capture of hundreds of suspected al Qaeda and Taliban fighters, we have been engaged in a national debate as to the proper standards and procedures for detaining “enemy combatants” and prosecuting them for war crimes. Dissatisfaction with the procedures established at Guantanamo for detention decisions and trials of detainees for war crimes by military commissions, and concerns about the feasibility of conducting major terrorism trials in regular Article III courts, have led to proposals to establish a special National Security Court.
This new court, which would have greater flexibility to conduct non-public proceedings than do the regular federal courts, could make or review status and detention decisions and/or conduct trials of suspected terrorists. The conference will discuss the pros and cons of establishing such a new federal court, and what jurisdiction should be assigned to such a court.
Agenda
Welcoming Remarks
Claudio Grossman
Dean, American University Washington College of Law
Panel 1: War or Crime? The Legal Framework for Detaining and Prosecuting Enemy Combatants
Patricia M. Wald
Former Chief Judge
John B. Bellinger III
Partner in the international and national security law practices at Arnold & Porter LLP in Washington, D.C.
Stuart S. Taylor
Former Brookings Expert
Moderator
Kenneth Anderson
Former Brookings Expert
Professor of Law, Washington College of Law - American University
Lunch with Keynote Speaker
Honorable Leonie Brinkema
U.S. District Judge, E.D. Va (Judge in the Moussaoui case)
Panel 2: A National Security Court for Detention Decisions
David Cole
Professor, Georgetown University Law Center
Elisa Massimino
Director, Washington Office, Human Rights First
Panel 3: A National Security Court for Terrorist Crimes
James Baker
Former Brookings Expert
Former General Counsel - FBI
Director of National Security and Cybersecurity - R Street Institute
Andrew McCarthy
Director, Center for Law & Counterterrorism
Andrew Patel
private criminal defense lawyer who has represented a number of terrorist suspects, including Jose Padilla
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