Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court
"Attorney General Holder’s decision to try certain detainees in federal criminal court, including
those accused of conspiring to commit the 9/11 terrorist attacks, and to try other detainees by
military commission, has focused attention on the procedural differences between trials in federal
court and those conducted under the Military Commissions Act, as recently amended. Some who
are opposed to the decision argue that bringing detainees to the United States for trial poses a
security threat and risks disclosing classified information, or could result in the acquittal of
persons who are guilty. Others have praised the decision as recognizing the efficacy and fairness
of the federal court system and have voiced confidence in the courts’ ability to protect national
security while achieving justice that will be perceived as such among U.S. allies abroad. Some
continue to object to the planned trials of detainees by military commission, despite the
amendments Congress enacted as Title XVIII of the National Defense Authorization Act for
Fiscal Year 2010, P.L. 111-84, because they say it demonstrates a less than full commitment to
justice or that it casts doubt on the strength of the government’s case against those detainees..."