The sentencing of Zacarias Moussaoui has raised new questions about the prosecution of terrorists in the post-9/11 era. Are civilian courts the proper forum for trying terrorists? Are military commissions better suited to trying terrorists or can civilian courts be modified to do so? Why are some terrorist suspects tried in civilian Article III courts while others are tried in military commissions or are detained without trial?
To navigate the maze of legal decisions, obstacles, and successes the Department of Justice faces in prosecuting terrorists, as well as to discuss its successes in doing so, AEI will host Deputy Attorney General Paul J. McNulty. Prior to his confirmation as deputy attorney general, Mr. McNulty was the U.S. attorney who charged and supervised the trial of Zacarias Moussaoui. He will reflect on the many extraordinary challenges of using traditional prosecutorial tools in Article III courts to bring terrorists to justice.
McNulty’s remarks will be followed by a panel discussion. Neal Katyal of the Georgetown University Law Center and the lead attorney in Hamdan v. Rumsfeld, and Ben Wittes of the Washington Post editorial board will join AEI's Jack Goldsmith III to discuss the future of terrorism prosecutions.
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