Getting deeply divided members of Congress to sign on would pose its own complications, but Schiff said the country needs a solution.
"I think everyone is dissatisfied with the Guantanamo process," Schiff said. "The challenge would be, you have some who want to make sure this is exclusively run by the military, you have others who want to move this exclusively into Article Three courts. And to the degree you use Article Three judges, some may resist it if they think it's moving away from military tribunals, others may resist it if they think it facilitates keeping the tribunals open and not moving exclusively to Article Three courts. So there are a lot of difficult tracks to run on a proposal like this."
Other, smaller proposals the Pacific Council put forward in the report might also have a chance for legislative action.
During the most recent round of hearings for the five men accused of plotting the 9/11 terrorist attacks, prosecutors pressed the Military Commission to take in-court depositions from some of the more elderly people who lost family members in the attacks.
The request drew opposition from defense teams who argued that potential members of the commissions' version of a jury would be influenced by the airing of victim-impact statements meant to be used in the pre-sentencing phase of the trial.
Schiff said he plans to use the time remaining this year to push for a legislative way to preserve the family members' statements, which was one of four smaller proposals the Pacific Council mentioned in its report.
"I would imagine that it's something that the court will have to opine on, but it seems to me that there's no reason not to preserve the testimony, Schiff said. "And given the indeterminate time period it has taken to bring many of these suspects to trial, I think we ought to preserve the testimony that we can, and we ought to allow some of the family members of victims to get some closure."
While these changes have more widespread appeal, some experts are skeptical a move to federal judges would have much impact on the proceedings at Guantanamo.
J. Wells Dixon, a senior staff attorney at the Center for Constitutional Rights, said the military commissions have far greater problems than the person on the bench.
Dixon's clients at Guantanamo include Majid Khan, the only known U.S. citizen held at the facility. The attorney warned against simply trying to get the fastest verdict possible, saying speed is not necessarily an emblem of justice.
"Federal judges certainly have a great deal of experience handling complex criminal cases, including terrorism cases," Dixon said. "But the goal of the Military Commissions should not be greater speed. It should be fairness and transparency. And replacing a military judge with a federal district court judge or a retired federal district court judge is not going to ensure fairness and transparency."
Katherine Hawkins, senior counsel with the Constitution Project, appreciated that the Pacific Council pointed out "some of the problems" with the Military Commissions process.
But she said simply replacing military judges would be another half-measure that would not correct the fundamental problems with the system.
"With this, with President Obama's legislative proposals that Congress actually did not take up, we see efforts to tinker around the edges, and in some cases possibly make things worse, and there's not a willingness to deal with the fundamental problems," Hawkins said.
Greenberg disagreed. Federal judges have the experience and demeanor to have an impact that would sweep well beyond the simple change of who is sitting behind the bench, she said.
"I think that any changeup is a forward movement at this point," Greenberg said. "And any incremental - even if it looks cosmetic at the outside - any incremental step toward bringing these commissions closer to the federal court process is a positive step. We don't know what else will change in the wake of having those judges there. The authority with which they will speak when they think things are untenable or there's something wrong inside the system will be tremendous."
In addition to trial-speediness concerns, the Pacific Council also says having federal judges on the bench would help assuage fears of improper influence from the military.
But Dixon said military judges have been good about "demonstrating their independence," specifically citing Judge Col. Vance Spath's decision to pause Nashiri's case after the government improperly tried to speed up the proceedings.
"I don't have any concerns about any military judge that I have appeared in front of at Guantanamo," he said.
Mixed up in concerns about judicial independence are questions of which judges should receive appointment by the Convening Authority, the military official who oversees the Military Commissions. Also uncertain is how and whether the judges would have to move to Guantanamo.
For Hawkins, having a military official appoint the new judge would do little to beat back the perception of bias that already hangs over the proceedings. She offered the Foreign Intelligence Surveillance Court as a cautionary tale for what could happen if the government appoints a deferential judge to the bench.
Greenberg suggested the Convening Authority could use a pool of judges from courts that have already tried many terror cases and assign judges randomly from that pool. Greenberg predicted judges would race to the bench - especially for the 9/11 case - eager to prove they could handle it after seeing it ripped away in 2011.
"I think a lot of judges would like to try this case," Greenberg said.
Experts agree that the problems with the Military Commissions go far beyond the bench. While Greenberg sees any progress away from the current system as improvement, some say changing the judge will be of little help until those fundamental problems are addressed.
"It's not just judges that are going to improve the system, it's the entire system itself," Pitter said. "It should be scrapped because these cases can all be tried in federal court."
A trial in federal court seems especially unlikely, however, after the Senate passed a defense-spending authorization bill Tuesday that explicitly prevents Guantanamo detainees from being moved to the United States.
Faced with the reality of the endurance of the Military Commissions, Schiff took heart in the idea of improving the existing system.
"It would be my hope that this would be a short-term solution in any event because I would like to see the shutdown of the facility at Guantanamo," Schiff said. "But as long as it exists, as long as we're making use of that process, we're going to have to explore more substantial changes to make it functional."
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