Ethical Issues in Defending a Terrorism Case: Stuck in the Middle
Dratel, Joshua L.
Abstract
The article discusses the ethical and legal challenges faced by criminal defense attorneys in terrorism cases, particularly focusing on the impact of Special Administrative Measures (SAMs), the Foreign Intelligence Surveillance Act (FISA), and the Classified Information Procedures Act (CIPA). These measures create significant barriers to effective legal representation, undermining the constitutional rights of defendants and the attorney-client relationship. The author argues that these practices not only impair the defense in terrorism cases but also risk encroaching on civil liberties in ordinary criminal cases.