These tribunals also "undermines the constitutional principle of separation of powers" that no matter how the thorough its rules and procedures are, it is still under and answerable to the President (Koh, 339). They also speak of the problem of a unanimous finding of guilt beyond a reasonable doubt in our criminal
justice system. While this and the fact the case is taking nearly two years to complete gives credence to what has been said by proponents. Though in World War II the Supreme Court upheld
military commissions it allowed for those committing acts of sabotage here, not for suspicious aliens abroad. Novak, Viveca; Shannon, Elaine; Crumley, Bruce Time, 10/27/2003, Vol. However the Taliban would still have protection of the
Geneva Convention No. However appellate judges said it was too soon for them to intervene. They are our own and those of foreign nations' courts prosecute the terrorists. Those who are for and defend the
military commissions have come to believe that "American courts-whether civilian courts or military courts-martial-are somehow incapable of rendering full, fair, and expeditious justice in such cases" (Koh, 341). However the Pentagon and the CIA would not allow it because he was undergoing interrogation and that national-security concerns made him off limits.
