ABSTRACT
This chapter argues that there are strong normative reasons to treat American terrorists—abroad and within the United States—as individuals who have committed treason. American terrorists are widely held as commanding rights above and beyond those to which other terrorists are entitled. However, American terrorists also commit a serious offense when they raise their arms against their nation, a crime that other terrorists are incapable of committing. To put it differently, when Americans attack the U.S., they commit two offenses: the act of terror (as defined in Title 18, Section 2331 of the US Code 1 ), and the undermining of the trust Americans invest in each other—trust which serves as a basis for a robust civil society. Whether or not a particular suspect actually committed treason should be determined through the distinct set of processes that the Constitution explicitly lays out (the only crime treated so thoroughly in the main body of text): “on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” 2 The forum in which these witnesses are to present their evidence depends on whether or not these terrorists can be captured and brought before a tribunal without subjecting our troops to undue risk.
