While the criminal justice system may be the ideal or preferred method to eliminate terrorist threats, it is not always the most realistic. In an era of mass casualty terrorism, the notion that all terror suspects can be tried in court is outdated. Prosecution of suspected terrorists is not always in the public interest. They risk disclosing classified information in court that hinders ongoing investigations, revealing sensitive sources, or exposing intelligence-gathering methods.
The report The Presumption of Innocence attempts to show the significant difficulties in prosecuting suspected terrorists, and how these difficulties have been circumvented by a range of measures – including detention and drone strikes. (Henry Jackson Society-UK)