Tribunal judge Mr Justice Mitting asked Prof Beverley Milton-Edwards whether Jordan's memorandum of understanding with Britain to ensure that Qatada will receive a fair trial could be broken.
Prof Milton-Edwards said that, under the current political and judicial structure, it would be difficult to give "anybody" a fair trial despite international promises or widespread publicity of a case such as this one.
But lawyers for the Government have told the hearing that Qatada is "scraping the barrel" in the appeal against his deportation.
Qatada, who is said to have wide and high-level support among extremists, featured in hate sermons found on videos in the flat of one of the September 11 bombers.