Boston Globe: US Terror Trials face court challenges

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http://www.boston.com/news/nation/washington/articles/2006/09/30/us_terrorism_trials_face_court_challenges/

The legal battle will likely be ultimately decided by the U.S. Supreme Court, which could be troubled the rules unconstitutionally restrict the suspects' rights, they said.

They cited the bill's provisions that strip foreign suspects of the right to challenge their detentions in U.S. courts, the broad definition of enemy combatants and what they described as unfair rules for military trials, including some use of hearsay and coerced evidence.

"I have no doubt that this is headed for the Supreme Court. Once again, the administration has overreached, and that makes it more likely that the court will strike it down," Stanford University law professor Jenny Martinez said.

"It allows the use of coerced evidence, which our laws have rejected since the founding of this country. It also denies noncitizens, including those in the U.S., access to court for fundamental human rights violations like torture," she said.

Justice Department spokesman Brian Roehrkasse defended the legislation as "plainly constitutional" and denied it foreclosed all judicial review.