A special federal court could balance fundamental rights and national security needs.
An editorial in The Washington Post
July 27, 2008; Page B06
The separate trial scheme for detainees later charged with crimes should feature slightly more relaxed evidentiary standards than those that prevail in federal court, but there should be robust defences. It is highly unlikely that national security detainees could be tried in conventional federal court, in part because they would not have been afforded some of the procedural rights guaranteed to conventional defendants, such as the right to remain silent. Yet without a new trial regime under the auspices of a national security court, the government would have a perverse incentive to hold detainees indefinitely without charge. Trials under a national security court would also be heard by a panel of Senate-confirmed federal judges; trial matters could be appealed to a special appellate panel.
http://www.newageislam.com/workable-terrorism-trials/islam,terrorism-and-jihad/d/324
