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Military May Try Terrorism Cases
Wednesday, November 14, 2001
By staff writers
George Lardner Jr. & Peter Slevin
The Washington Post

Bush's order promises "a full and fair trial" and access to lawyers, but there is no provision for an appeal to U.S. civil courts or international tribunals. Only Bush or the secretary of defense, if the president so chooses, will have the authority to overturn a decision.

President Bush declared an "extraordinary emergency" yesterday that empowers him to order military trials for suspected international terrorists and their collaborators, bypassing the American criminal justice system, its rules of evidence and its constitutional guarantees.

The presidential directive, signed by Bush as commander in chief, applies to non-U.S. citizens arrested in the United States or abroad. The president himself will decide which defendants will be tried by military tribunals. Defense Secretary Donald H. Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. There will be no judicial review.

By setting up military tribunals, administration officials said, Bush hopes to ensure that terrorists captured in Afghanistan or around the world are brought swiftly and surely to justice. But the order drew immediate criticism from civil libertarians and could alienate European allies who oppose the U.S. death penalty and favor international courts.
(More: WashingtonPost.com News Source)
2001 © The Washington Post.

Dan