Bush Order: Terror Trials by Military

WASHINGTON- President Bush approved the use of a special military tribunal Tuesday that could put accused terrorists on trial faster and in greater secrecy than an ordinary criminal court. The United States has not convened such a tribunal since World War II.

Bush signed an order establishing the government's right to use such a court but preserving the option of a conventional trial.

"This is a new tool to use against terrorism," White House Counsel Albert Gonzales said.

Detention and trial of accused terrorists by a military tribunal is necessary "to protect the United States and its citizens, and for the effective conduct of military operations and prevention of terrorist attacks," the five-page order said.

The order sets out many of the rules for any military tribunal and the rights of anyone held accountable there. A senior Justice Department official, speaking on condition of anonymity, said only noncitizens would be tried before the military commission.

"These are extraordinary times and the president wants to have as many options as possible," said Justice Department spokeswoman Mindy Tucker. "This option does not preclude any Department of Justice options that might also be available."

In either a military or a civilian court, any suspect would retain rights to a lawyer and to a trial by jury, the administration said.

Anyone ever held for trial under the order would certainly challenge its legitimacy, said Eugene Fidell, president of the National Institute of Military Justice in Washington, and a lawyer who regularly practices before military courts.

"There's no recent history in this country of this. It's an extraordinary step for the president to have taken," Fidell said, adding that it moves the country closer to a genuine war footing.

President Franklin Roosevelt had suspected World War II saboteurs secretly tried by military commission, and six were executed. The Supreme Court upheld the proceeding. An enemy who sneaked onto U.S. soil "for the purposes of waging war by destruction of life or property" was a combatant who could be tried in a military court, the Supreme Court ruled.

Gonzales, the president's top lawyer, said a military commission could have several advantages over a civilian court, including secrecy.

"This is a global war. To have successful prosecutions, we might have to give up sources and methods," about the way the investigation was conducted if the trial was held in a civilian court, Gonzales said. "We don't want to have to do that."

A military trial could also be held overseas, and Gonzales said there may be times when prosecutors feel a trial in the United States would be unsafe.

Recent terrorism trials have taken place in U.S. criminal courts, where the rules require the government to reveal its evidence either in open court or in filings it must fight to keep secret.

Michael Scardaville, policy analyst for homeland defense at the conservative Heritage Foundation, said there are legitimate reasons for holding the trials in private.

"This isn't Judge Judy, two people fighting over who gets the car after a divorce. It's about very classified elements of America's national security.

"They can say, `Not only are we not going to let the press in, it's going to be in the middle of a military base."

Michael Ratner, an international law and war crimes expert at Columbia University, said the government would lose all credibility with the Muslim world if it tries terrorists by a military commission.

"I am flabbergasted," Ratner said. "Military courts don't have the same kind of protections, you don't get the same rights as you do in a federal court. The judges aren't appointed for life, there is no civilian jury."

The order is the latest effort by the administration to toughen the nation's laws against terrorists.

After the Sept. 11 attacks, the administration pushed through Congress an anti-terrorism bill that Bush said was vital but civil liberties groups said went too far, violating Americans' constitutional rights.

It expands the FBI's wiretapping and electronic surveillance authority and imposes stronger penalties for harboring or financing terrorists. The measure also increases the number of crimes considered terrorist acts and toughens the punishments for committing them.

Under the new order, Bush could establish a military commission in the future by asking the secretary of defense to establish the rules for one.

"This does not identify by name who should be exposed to military justice," Gonzales said. "It just provides the framework that, should the president have findings in the future, he could" order Secretary of Defense Donald H. Rumsfeld to establish such a commission.

And on 9/25/01 Hugin wrote..."How about this...first, what was done was an Act of War. Second it was a War Crime. Now after WWII we didn't put Tojo and the rest on trial in civilian courts. We tried them in military courts for war crimes. We should do the same for any terrorists. Have three military judges instead of a jury, operating under military court rules. Penalty execution by hanging."

I like the way this administration thinks!

This is the right path. Our guys "get it".

"This isn't Judge Judy, two people fighting over who gets the car after a divorce. It's about very classified elements of America's national security. "They can say, `Not only are we not going to let the press in, it's going to be in the middle of a military base."

This is exactly what I have argued for on FreeRepulic.com. Trying foreign terrorists in civilian courts is pointless. Every trial is an opportunity for our enemies to discover our weaknesses and learn from their mistakes. Sources of classified information are inevitably compromised. During the trial of the first WTC bombers, it was disclosed that the WTC towers were designed to withstand the impact of a 707. Perhaps that is the reason that they used 767s which are larger than a 707 or 757?

Michael Ratner, an international law and war crimes expert at Columbia University, said the government would lose all credibility with the Muslim world if it tries terrorists by a military commission.

Credibility in the Muslim world isn't at the top of our agenda. However wiping out Al Qaida will give us the kind of credibility that counts.

Hey Mike, you catch on quick. And the downside would be?

I totally agree wuth this EO, why have some sniveling liberal attourney represent a single one of these terrorist. They are not covered under our Constitution so why should they benefit from it. Let the Military handle them and the next generation of terrorist might hear about how we dealt with them and consider a career change

Finally, a real man as President! Not a little boy letting interns play with his toy, using the oval office as his playpen. GWB is a man who really loves this country, and he doesn't want 100 appeals and legal eagles trying to get these monsters off on a technicality. There have all ready been 2 or 3 stupid lawyers saying that they will defend anyone that is charged! I think that is almost treason in itself! I think the military would LOVE to put clintoon on trial too!

And the next time a "clinton" is elected, folks who disagree with him, will be treated, classified, tried and executed as "terrorists," though they be american citizens.

I don't want to give these foreigners a trial... no trial... no military trial, just dead... find and neutralize... we don't need no stinkin' new exec order. However, I can imagine some of our "military folks" want a "get out of jail free" card for perceived "due process" violations.... At this time, MOST of america has granted them carte blanche, to do whatever they choose... to the "enemies" of America.

With a good president, administration and leo structure, even bad laws can be made to work well... and under an evil administration, no matter how well you write the laws, they will be twisted to the will of the evil doers in power.

Bush is a good man.

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