Commentary Magazine


Topic: Neal Katyal

A Bipartisan Terror Trial

It’s nice to know that, according to the Washington Post, “President Obama is planning to insert himself into the debate about where to try the accused mastermind of the Sept. 11, 2001,” although this raises the obvious question of why he hadn’t inserted himself into the debate before now. If George W. Bush had done something like this, he would have been accused of being dangerously disengaged, intellectually uncurious, etc. It is no doubt expecting too much to expect the MSM to lodge similar accusations against the current president.

But now that Obama is getting engaged, I hope this former law professor looks beyond the options currently on offer — civil trial vs. military commissions — and puts his influence behind a third possibility: National Security Courts to be run by federal judges but with special rules of procedure to make it easier to convict terrorists. There would, for example, be no demand for Miranda rights and no absolute bar on hearsay evidence. This is a proposal that has been knocking around for a while and has picked up bipartisan support — including that of liberal law professor Neal Katyal, conservative law professor Jack Goldsmith, conservative former prosecutor Andrew C. McCarthy, and centrist journalist Stuart Taylor Jr. Yet it has gone nowhere in Congress. This is an issue where the liberal-conservative divide appears bridgeable, if only Obama would put his personal prestige behind the proposal.

It’s nice to know that, according to the Washington Post, “President Obama is planning to insert himself into the debate about where to try the accused mastermind of the Sept. 11, 2001,” although this raises the obvious question of why he hadn’t inserted himself into the debate before now. If George W. Bush had done something like this, he would have been accused of being dangerously disengaged, intellectually uncurious, etc. It is no doubt expecting too much to expect the MSM to lodge similar accusations against the current president.

But now that Obama is getting engaged, I hope this former law professor looks beyond the options currently on offer — civil trial vs. military commissions — and puts his influence behind a third possibility: National Security Courts to be run by federal judges but with special rules of procedure to make it easier to convict terrorists. There would, for example, be no demand for Miranda rights and no absolute bar on hearsay evidence. This is a proposal that has been knocking around for a while and has picked up bipartisan support — including that of liberal law professor Neal Katyal, conservative law professor Jack Goldsmith, conservative former prosecutor Andrew C. McCarthy, and centrist journalist Stuart Taylor Jr. Yet it has gone nowhere in Congress. This is an issue where the liberal-conservative divide appears bridgeable, if only Obama would put his personal prestige behind the proposal.

Read Less




Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor to our site, you are allowed 8 free articles this month.
This is your first of 8 free articles.

If you are already a digital subscriber, log in here »

Print subscriber? For free access to the website and iPad, register here »

To subscribe, click here to see our subscription offers »

Please note this is an advertisement skip this ad
Clearly, you have a passion for ideas.
Subscribe today for unlimited digital access to the publication that shapes the minds of the people who shape our world.
Get for just
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor, you are allowed 8 free articles.
This is your first article.
You have read of 8 free articles this month.
YOU HAVE READ 8 OF 8
FREE ARTICLES THIS MONTH.
for full access to
CommentaryMagazine.com
INCLUDES FULL ACCESS TO:
Digital subscriber?
Print subscriber? Get free access »
Call to subscribe: 1-800-829-6270
You can also subscribe
on your computer at
CommentaryMagazine.com.
LOG IN WITH YOUR
COMMENTARY MAGAZINE ID
Don't have a CommentaryMagazine.com log in?
CREATE A COMMENTARY
LOG IN ID
Enter you email address and password below. A confirmation email will be sent to the email address that you provide.