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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

Balancing Civil Liberties and Warfare

An article published yesterday (10/21/10) in The New York Times entitled "Balancing Civil Liberties and Warfare," discusses Andrew McCarthy, who has "emerged as perhaps the most visible legal expert," and his argument against using regular civilian courts to try foreign terrorism suspects. 

The article notes that McCarthy has been "an important conservative voice in a fierce ongoing debate," and the Ghailani trial under way now so far has given credence to the position McCarthy has been taking for years. In a telephone conversation with the author, McCarthy addressed the position of those civil liberties lawyers defending the detainees:

"This narrative that a lot of people were simply in the wrong place at the wrong time and just got swept up by mistake is not one that I buy,” Mr. McCarthy replied. “In fact we took thousands of people off the battlefield. I was an adviser at the Defense Department for six months, and I knew the numbers at that time” — in 2004. “We took 10,000 people off the battlefield, and less than 800 got to Guantánamo. They did vetting at every stage before people got sent off to Guantánamo.”

McCarthy's ultimate conclusion is to create a special National Security court in which tribunals would try cases then reviewable by civilian panels independent of the presidential administration in power.

For the full text of the article, click here.



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