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Appropriate Hearing before a Forum of the United States of Foreign Terrorits

Reader comment on item: Don't Put Terrorists on Trial

Submitted by Ludvikus (United States), Jul 14, 2014 at 14:29

Dear Daniel Pipes,

... Clearly, you meant that the full benefits of a federally guaranteed Due Process & Equal Protection sort of procedure granted under our Constitution need be provided to terrorist who commit their crime outside the United States, or its Territories. Prisoners of War were subjected to our Supreme Court rulings after World War II when Nazi atrocities against civilians, as well as Japanese crimes against their Prisoners of War came up for review on appeal after the War.

Our Court ruled that these tribunals, in which German, and subsequently Japanese in particular, were not forums of the United States, and therefore there was no jurisdiction for federal judiciary review.

Furthermore, it is to be noted that only the Supreme Court (of the United States) is an explicit Constitutional court. All the other courts are creature of Congress created by Statute - and therefore the American Legislative Process.

Accordingly, our Congress is free to create courts, or other sorts of statutorily created forums in which Terrorists captured outside of the United States receive som sort of Summary Hearing.

It is to be noted that until a review by the Supreme Court in the 1960's or so, there was no such thing as an Administrative Hearing for Welfare Hearing. This was a creatures initially of the case law of the Supreme Court.

So, it sould be possible, for example, to set up courts - with benches - on Air Craft Careers, for the convenience of witnesses (by floating the ship near the country where the terrorist transaction occurred). At the same time, Congress is free to decide which federal court, if any shall provide the Hearing Judge (as is done in a state motor vihicle administrative hearing). I would recommend a teleconference thru the web - so that the United States could keep the judge at "home" and therefore limit to cost to the American taxpayer.

As background to this war-crime forum history, I give here the following excellent sources:

"Nuremberg Trials"


"Reflections on Nuremberg Trial"


"Tokyo War Crimes Trials (1946-1948)"


"Hirota v. MacArthur - 338 U.S. 197 (1948)"


"Racketeer Influenced And Corrupt Organizations Act (Rico)" "Ricoact.com LLC; Jeffrey E. Grell, Esq.; Welcome"



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