Comparison of rights in military commission trials and trials in federal criminal court

Author / Creator

Elsea, Jennifer, author

Summary

While military commission proceedings have been instituted against some suspected enemy belligerents held at Guantanamo, the Obama Administration has opted to bring charges in federal criminal cour...

While military commission proceedings have been instituted against some suspected enemy belligerents held at Guantanamo, the Obama Administration has opted to bring charges in federal criminal court against terrorist suspects arrested in the United States, as well as some terrorist suspects who were taken into U.S. custody abroad but who were not transferred to Guantanamo. The Administration's choice of forums in which to prosecute certain terrorist suspects, including those believed to be associated with Al Qaeda, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.

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