Friday, July 8, 2011

Kris on Law Enforcement as a Counterterrorism Tool

David S. Kris, the former assistant attorney general for national security, published an article in the Journal of National Security Law & Policy called Law Enforcement as a Counterterrorism Tool.  The article argues that we should continue to use all of the military, law enforcement, intelligence, diplomatic, and economic tools at our disposal, selecting in each case the particular tool that is most effective under the circumstances, consistent with our laws and values.  Appendix 2 offers a very helpful chart comparing federal civilian trials, military commissions and law of war detention.  Kris argues there is no inherent tension between national security and the criminal justice system.  He believes in differing situations one may be the better approach over the other.  he provides a good analysis of where the strengths and weaknesses are in both systems.