Terrorism and the Law

Interview

Feldman: Guantanamo Detainees May be Difficult to Try, Depending on Hamdan Ruling

Noah Feldman interviewed by Carin Zissis

CFR Adjunct Fellow Noah Feldman, discussing the legal issues at stake in the upcoming Hamdan decision, says the case will decide whether military tribunals are constitutionally sufficient and warns that if the Supreme Court rules current trial procedures inadequate, it may be difficult to try many of the nearly 500 Guantanamo detainees.

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Analysis Brief

The Terror War's Legal Front

The Supreme Court began considering the legality of the military commissions established to try Guantanamo Bay detainees on March 28, when it took up the case of Hamdan v. Rumsfeld. It is the latest court battle to be fought in the legally troublesome "war on terror."

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Backgrounder

Prosecuting Terrorists after September 11

Author: Alexandra Silver

The prosecution of alleged terrorists in U.S. civilian criminal courts and in new military tribunals has been fraught with controversy. U.S. federal courts have gradually asserted their role in the military tribunal process, and a case before the U.S. Supreme Court could make a major statement about the power of the U.S. presidency in prosecuting the war on terror.

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