Not much here, but noted in passing.
What’s a fair trial and how much due process does it require?
In the Hamdan case last June, four of the justices who voted against the commissions stressed that the president could always go back to Congress to get the authority he wanted.
The issue, then, is more about the court of public opinion: how a trial, without the customary procedural rights, would be perceived in the United States and abroad.
In the first World Trade Center bombing case in 1993, prosecutors had to give the defense a list of 200 unindicted co-conspirators. The list was delivered to bin Laden and was later found during the investigation of the African embassy bombings.
