Prosecuting Terrorism Cases in the Federal Courts

As the Obama Administration takes steps to shut down the Guantanamo Bay facility, the heated debate over when and how to prosecute suspected terrorists continues. But there is really no need for debate. Federal criminal courts can handle terrorism cases and have for years. In fact, they are our best line of judicial defense against terrorism.

Why create a new, inherently flawed, system to replace one that works?

Making the Case:
Two Reports on Federal Prosecution of Terrorist Suspects

In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts - 2009 Update and Recent Developments follows up on our original report (see below), focusing on criminal cases arising from terrorism that is associated-organizationally, financially, or ideologically-with self-described "jihadist" or Islamist extremist groups like al Qaeda. The analysis of this additional report confirms the conclusion that the criminal justice system has been and should continue to be an important tool in confronting terrorism.

Full Report [PDF]

Press Release

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In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts examined international terrorism cases prosecuted in the existing criminal justice system since the early 1990s, ranging from epic mega-trials for completed acts of terrorism to pre-emptive prosecutions focused on prevention. It analyzes the legal and practical issues that confront courts, law enforcement, and Congress regarding terrorism-related crimes, showing that the criminal justice system can and has prosecuted terrorism cases.