The Honorable Lewis A. Kaplan draws on his voluminous experience on the federal bench to illuminate some of the special concerns that attend terrorism and national security cases. Kaplan reviews several judicial challenges unique to terrorism cases, including classified information issues and the use of defendants’ statements in the course of prosecution. He concludes that Article III courts not only are capable of trying such cases, but they are the forum most consistent with our American values of fairness and transparency.
- The Honorable Lewis A. Kaplan is a United States District Judge for the Southern District of New York. A version of this article was delivered as the keynote address at a 2015 symposium at the Georgetown University Law Center.