The Bush administration’s decision to allow military tribunals – not civilian courts – to try non-U.S. citizens accused of acts of terrorism is quite disturbing. Administration officials are defending their decision, saying terrorists don’t deserve the same guarantees the American judicial system provides to lawful American citizens.

This is dangerous. The government hasn’t shown why such a tribunal is necessary, providing no reason that the American jury trial system doesn’t allow for the prosecution of those terrorist suspects. And setting up a special military tribunal without a Congressional declaration of war is without much precedent.

Senior administration officials told CNN that since the trials may be secret, the Freedom of Information Act might now apply to court transcripts.

And these secret proceedings could be held anywhere – the United States or overseas, even on military ships. Where ever these trials take place, however, U.S. laws and punishments would be still applicable, including the death penalty.

In such cases, the use of jury trials are used only in capital offenses. And U.S. officials will select those juries.

A unanimous verdict wouldn’t be needed in these instances, either, only a two-thirds majority. And a defendant’s access to information to prepare for their defense would be limited.

All these add up to a gross violation of the American ideal of a “fair trial.” These tribunals circumvent America’s due process of law, leaving terrorism “suspects” little opportunity to establish their defense.

Throw in the fact that Attorney General John Ashcroft’s recent decision to eliminate the lawyer-client privacy privilege for terrorism suspects, and you have a person not yet convicted of a crime with little to no chance of a fair trial.

Whatever happened to “innocent until proven guilty?”

No matter how overwhelming the evidence against someone, no matter how sure the U.S. government is of someone’s guilt, that person should still be guaranteed a right to a fair trial. Dick Cheney saying that terrorism suspects “don’t deserve the same guarantees and safeguards” of everyone else is downright scary.

America was founded on the checks and balances of democracy.

Leaving decisions on suspects’ lives in the hands of a military tribunal threatens that foundation.

And if, like the administration claims, there is no reason the terrorism suspects have to be brought back to the United States for trial, why leave it up to the military anyway?

Why not try these suspects in a world court?

After all, Americans are not the only citizens who have been affected by the atrocities of terrorists.

editorialboard: Andrea Hauser, Tim Paluch, Michelle Kann, Zach Calef, Omar Tesdell