Monday, July 21, 2014

More on last weeks En Banc decision

Outside Congress, it seems that no one believes that the military commission system should continue to stand. For twelve years, the system has created nothing but embarrassment for its proponents as the highest-profile prosecutions have repeatedly tripped over their own feet. The first cases have also created waves of fundamental legal challenges. This week's decision simply postponed the most basic issues to be resolved by some future case. That leaves a very real prospect that the 9/11 prosecutions fall apart up on appeal years after trial court proceedings are over, as Bahlul's material support conviction did. The administration wants to try terrorism suspects in federal court for good reason. Congress should not stand in its way

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