Punishing Crimes of Terror in Article III Courts

Abstract

"The United States is at war against al Qaeda, an international terrorist organization." Over the past decade, the United States has invested substantial resources fighting the "War on Terror." Terrorism prosecutions in Article III courts have factored prominently in America's unconventional war with al Qaeda and its affiliated extremist networks. In this rather unprecedented way, the executive branch has enlisted the third branch-the judiciary-to pursue its war aims.