Inside National Security Prosecutions: Criminal Defense Senior Staff Attorney Sufia Khalid on Trial Rights, the Terrorism Enhancement, and the Limits of Due Process

This talk examines the profound impact of the harsh and overly broad “terrorism” sentencing framework on the landscape of national security prosecutions. It explores how the threat of severe penalties—including the trial penalty and the significant weight of the terrorism enhancement—can shape defense strategy and discourage the full exercise of trial rights. The discussion will also address the procedural and practical challenges unique to these cases, including the use of the Classified Information Procedures Act (CIPA), reversed bail presumption, and the implications of closed courtroom proceedings. Drawing on several actual national security cases, Ms. Khalid will highlight the tension between national security interests and fundamental principles of fairness and due process in the criminal justice system. Lunch will be provided.