David Frakt

In 2009 the Justice Department announced that 9/11 plotter Khalid Shaikh Mohammed would be tried in New York City, setting off a firestorm of protests. Besides the cost and safety concerns, at issue are whether terrorists should be tried in criminal court or whether national security requires the use of military commissions. Likewise, issues like the closing of Guantanamo, the reading of Miranda rights, and enhanced interrogation all center on the same question: How should the U.S. treat captured alleged…