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American University Washington College of Law

Legislation and Policy Brief

2011

Federal Courts

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War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel Jan 2011

War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel

Legislation and Policy Brief

In recent years, federal courts have tried an increasing number of suspected terrorists. In fact, since 2001, federal courts have convicted over 403 people for terrorism-related crimes. Although much has been written about the normative question of where terrorists should be tried, scant research exists about the impact these recent trials have had upon the Article III court system. The debate, rather, has focused almost exclusively upon the proper venue for these trials and the hypothetical problems and advantages that might inhere in each venue.

The war in Afghanistan, presenting a host of thorny legal issues, is now the longest …