An Interesting Op-Ed

John Farmer, has written an interesting Op-Ed arguing for special terrorism courts. What is striking about his argument though is his candid recognition of how deeply terrorism cases have subverted the rule of law and undermined some bedrock principles of our justice system. It's worth a read.

1 comment:

Anonymous said...

My problem with Mr. Farmer’s position is that he would do away with the need for a probable cause determination before detaining a “suspect.” Why is a new set of courts needed? Aren’t the current ones repressive enough? Surely the courts can (and will) carve out enough speedy trial exceptions to cover terrorism suspects. How long are we to detain “suspected” terrorists? What is “sufficient suspicion” to permit that detention?

I don’t want to see another 9/11 any more than the next guy, but we won’t prevent it through a star chamber or dismantling what is left of the Constitution. Mr. Farmer’s proposal brings exactly the same danger he suggests: “it threatens not only to leave our nation unprotected but also to corrupt the foundations of the criminal law itself.” In a best case scenario, it would become anther Guantanamo. Worst case: we become our own enemy. Pogo may prove to be right after all! “We have met the enemy and they is us!”