Military Commission vs. Federal Criminal Court
Comparison of Trial Systems
The Obama Administration’s decision to try certain detainees and other terrorist suspects in federal criminal court, including those accused of conspiring to commit the 9/11 terrorist attacks and a man who tried to bring down a commercial aircraft on Christmas Day, 2009, while continuing to try other detainees by military commission, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act, as amended. Some who are opposed to the decision argue that bringing detainees to the United States for trial poses a security threat and risks disclosing classified information, or…