In waging war against al Qaeda, the United States has been confronted with an enemy the likes of which it has never faced before. Efforts to defeat this terrorist network include not only combat operations on the battlefield, but the use of law enforcement resources and the justice system to capture, detain, and ultimately convict terrorists in the United States and abroad.
Can U.S. courts handle the demands of prosecuting terrorists while preserving basic civil liberties? The trial of Zacarias Moussaoui has shown that trying terrorists can present difficult problems for a justice system that allows defendants free and open access to witnesses, documents, and information. Is it preferable to pursue justice through the use of military courts that can better balance security with liberty?
