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PROSECUTING INTERNATIONAL TERRORISM CASES IN ARTICLE III COURTS

THE HONORABLE REGGIE B. WALTON

39 Geo. L.J. Ann. Rev. Crim. Proc. iii (2010)

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  • Título:
    PROSECUTING INTERNATIONAL TERRORISM CASES IN ARTICLE III COURTS
  • Autor: THE HONORABLE REGGIE B. WALTON
  • Assuntos: International; Surprisingly; Intelligence; Prosecutions; Introduction; Experienced; Proceedings; Information; Encountered; Prosecution; Civil Procedure; Constitutional Law; Criminal Law & Procedure; Evidence; Governments; International Law; Transportation Law
  • É parte de: 39 Geo. L.J. Ann. Rev. Crim. Proc. iii (2010)
  • Descrição: INTRODUCTION There are numerous challenges confronting the American criminal justice system that merited the focus of this Forward. However, the reality that our country's war against Islamic extremists will result in the prosecution of some of these alleged enemies in our Nation's courts compels me to focus on some of the challenges encountered in international terrorism prosecutions. 1 As has been the case in prior prosecutions of this nature, classified information will be an integral component of these proceedings. And having presided over the largest number of Guantanamo Bay detainee habeas cases, as well as having experienced the challenges raised by the desire of the defendant in United States v. Libby 2 to utilize classified information as part of his defense, albeit in a non-terrorism context, I can attest that the obstacles associated with the need to rely on classified information by both the government and the defense will be a constant source of friction in these prosecutions. Indeed, because many terrorism cases are built upon information gained through both domestic and foreign intelligence operations, the defendants, not surprisingly, will inevitably seek to obtain this information through discovery. If the government resists, which in many instances it surely will, a conflict raising vitally important interests to both parties--the government's interest in protecting national security through the non-disclosure of classified information, on the one hand, and the defendant's need to acquire this information to present an adequate defense, on the other--will be handed to the courts to resolve. In ...
  • Idioma: Inglês

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