There is yet another fundamental problem with this: It is absolutely possible to hold trials for people where some of the evidence is classified. The US does it all the time. The system that was set up for it post-9/11 is sorta bullshit, stacked in favor of the government to an almost unbelievable degree, but it does function well enough that the more authoritarian elements have been moaning about how horrible and unfair it is that they have to deal with the FISA courts instead of just “do what I say to this poor helpless person, because I am king.”
Of course, now it’s all ICE, so they’re bypassing the courts entirely. But for over twenty years we were running semi-due-process trials that included secret information as evidence, for this exact reason.
There is yet another fundamental problem with this: It is absolutely possible to hold trials for people where some of the evidence is classified. The US does it all the time. The system that was set up for it post-9/11 is sorta bullshit, stacked in favor of the government to an almost unbelievable degree, but it does function well enough that the more authoritarian elements have been moaning about how horrible and unfair it is that they have to deal with the FISA courts instead of just “do what I say to this poor helpless person, because I am king.”
Of course, now it’s all ICE, so they’re bypassing the courts entirely. But for over twenty years we were running semi-due-process trials that included secret information as evidence, for this exact reason.