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The Secrecy Problem in Terrorism Trials

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Publication Date: January 2005

Publisher(s): Brennan Center for Justice

Author(s): Serrin Turner; Stephen J. Schulhofer

Funder(s): Atlantic Philanthropies (Organization); Open Society Institute

Funder(s): Atlantic Philanthropies (Organization); Open Society Institute

Topic: Justice (Legal procedure)

Keywords: Checks & Balances; Liberty & National Security; Justice

Type: Report


More than three years since the attacks of September 11th, the legal landscape of the nations fight against terrorism remains unsettled. Remarkably, one question still unanswered is where and how captured terrorism suspects should be brought to trial. This report aims to advance this debate and, along the way, to identify areas in need of Congressional action by exploring the central question at stake: how should we reconcile the competing demands of secrecy, fairness, and accurate decision-making in terrorism trials?