The National Security Court System : A Natural Evolution of Justice in an Age of Terror

The recent Boumediene v. Bush decision, which tossed aside the dysfunctional military court system envisioned by the Bush administration and upheld the right of habeas corpus for detainees, promises to throw national security law into chaos, and will also probably lead to the closing of Guantanamo. In this timely and much-needed book, Glenn Sulmasy, one of America's leading experts on national security law, opens with a much-needed history of America's long and complicated experience with such courts since the early days of the Republic. After tracing their evolution in the contemporary era, Sulmasy argues for a more sensible approach to the global war on terror's unique set of prisoners. He proposes a reasonable "third way" solution that avoids even more extreme measures, on the one hand, and a complete shuttering of the court system, on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come. For all those who want to explore the crucial legal issues behind the headlines about Gitmo and the rights of detainees, The National Security Court System offers a clear-headed assessment of where we are and where we ought to be going. "Glenn Sulmasy proposes a 'third way' solution that avoids the extremes of an unaccountable military court system on the one hand and funneling war-on-terror detainees into the domestic criminal court system on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come"--Jacket Introduction 1. The Original Intent of Military Commissions 2. Military Commissions in U.S. History 3. The Second World War Military Commision - Ex Parte Quirin, et al 4. The War on al Qaeda and the Military Order of November 13, 2001 5. Hamdan and the Military COmmissions Act of 2006 6. The Legal Landscape After oumediene 7. The National Security Court System Conclusion. Introduction 1. The Original Intent of Military Commissions 2. Military Commissions in U.S. History 3. The Second World War Military Commission - Ex Parte Quirin, et al 4. The War on al Qaeda and the Military Order of November 13, 2001 5. Hamdan and the Military Commissions Act of 2006 6. The Legal Landscape After oumediene 7. The National Security Court System Conclusion