Joshua L. Dratel is a criminal defense attorney in New York City, and has been defense counsel in a number of terrorism prosecutions in the U.S. courts. He was the first civilian lawyer to represent a defendant, the Australian David Hicks, in the Guantanamo military commissions. He is also chair of the National Security Committee of the National Association of Criminal Defense Lawyers. The views in the article represent the author’s opinions, and do not necessarily reflect the view of NACDL.