President Bush's military order establishing military tribunals to try noncitizens; is it beyond his constitutional and statutory authority?
Florida Bar Journal › Vol. 76 Nbr. 10, November 2002
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President Bush's military order establishing military tribunals to try noncitizens; is it beyond his constitutional and statutory authority?
On November 13, 2001, President Bush signed a military order authorizing the creation of military tribunals to try individual noncitizens of the United States who are suspected to be members of an organization known as al Quaida, or who have been engaged in international terrorism against the United States. (1) The military order permits the President, on the mere stroke of his pen, to determine, "from time to time," the noncitizen who may be apprehended, tried, and punished by a military tribunal. (2) The only prerequisite for detention of a suspect is that the President has a "reason to believe that such individual" is or was a member of al Qaida, or engaged in an act of international terrorism, or harbored one or more such individuals, during some "relevant times" that are not specifically outlined in the order. (3) The breadth of President Bush's military order of November 13, 2001, raises serious constitutional concerns. The purpose of this article is...
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