Q: What military order did President Bush issue on Nov. 13, 2001?
A: In the weeks after the Sept. 11 terrorist attacks, the United States government has orchestrated a sweeping response to root out future attacks of terrorism aimed at U.S. institutions and American citizens at home and abroad. By organizing a united international diplomatic front, freezing the assets of suspected terrorist groups and sympathizers and unleashing the full weight of the U.S. military against the al-Qaida network, the United States is pursuing relentlessly those responsible for the September attacks and others who are capable of future international acts of terror. Given the extraordinary circumstances during these uncertain times and the potential for future massive property destruction, mass fatalities and sustained risk to our national security and economy, the president in November issued an executive order authorizing the Department of Defense to formulate a plan for conducting military trials. Under his directive, only non-U.S. citizens captured in battle or believed to have: belonged to al-Qaida, engaged in or conspired to commit international terrorism, or harbored someone suspected of such acts would be subject to such trials. His order means justice would be delivered to accused international terrorists via a U.S. military commission versus the U.S. district court system.
Q: Does precedent exist for military tribunals?
A: General George Washington appointed the first military tribunal in 1780 to try British Major John Andre, a compatriot of Benedict Arnold. In the next century, President Abe Lincoln employed military tribunals to try U.S. citizens suspected of sympathizing with the South and resisting the draft. Shortly thereafter, the U.S. Supreme Court ruled military tribunals could not try U.S. citizens except when civil courts are "closed and it is impossible to administer criminal justice." In the 20th century, FDR ordered the commission of military tribunals for eight Nazi soldiers arrested in the United States for a campaign to sabotage stores, utilities and other public works. The Supreme Court upheld the constitutionality of these secret trials before military tribunals in 1942, deciding constitutional guarantees do not extend to foreigners charged with war crimes against the United States. In seeking swift justice against suspected foreign terrorists through military trials, President Bush is working to balance U.S. security interests and public safety concerns with civil liberties for the accused. In times of war, the prescription for justice ought to fit the crime. For those capable or culpable of murdering thousands of innocent civilians in despicable acts of terror, it is appropriate to convene a military trial to deliver the swiftest, fairest, surest and safest judicial proceedings without putting civilian jurors, court employees and district judges in harm's way. It also would help protect sensitive classified information critical to national security. Moreover, courts and cities that host such trials could attract retaliation by terrorists. Military tribunals put another tool in the president's chest to help root out terrorism and bring justice to foreign terrorists.