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Bush Orders Terror Trials by Military NewsMax.com WiresWASHINGTON – President Bush on Tuesday signed an executive order allowing foreigners to be tried in a special U.S. military court if accused of terrorist acts. "I have determined that an extraordinary emergency exists for national defense purposes," Bush said in his order. The order drew immediate criticism from self-described civil libertarians, and some suggested that the order would be challenged as unconstitutional. The executive order directs U.S. Defense Secretary Donald Rumsfeld to establish a military commission to try individuals whom federal authorities have reason to believe are members of the Muslim extremist group al-Qaeda and have engaged in, or aided acts of international terrorism against the United States, or harbored anyone doing so. The directive spells out that those held under the order could be detained inside or outside the United States, and says that they must be treated humanely: given "food, drinking water, shelter, clothing, and medical treatment,” and be allowed the freedom to exercise their religion. The White House said Tuesday that the order provided Bush with options to bring terrorists to justice. Claire Buchan, White House spokeswoman, said that trial of terrorists by military commission provided important security advantages, physically protecting the American public and classified information that may emerge during court proceedings. But some worry that the order sets up an unprecedented separate legal standard for foreigners. "First, the president must justify why the current system does not allow for the timely prosecution of those accused of terrorist activities,” said Laura W. Murphy of American Civil Liberties Union. "Absent such a compelling justification, today's order is deeply disturbing and further evidence that the administration is totally unwilling to abide by the checks and balances that are so central to our democracy. Increasingly they appear willing to circumvent the requirements of the Bill of Rights." Peacetime court-martials of civilians were found unconstitutional by the Supreme Court in 1957. That year Reid vs. Covert found, according to the syllabus of the decision, "Under our Constitution, courts of law alone are given power to try civilians for their offenses against the United States.” Virginia attorney and board member of the National Institute of Military Justice Philip Cave, who represents military defendants, said: "This is certainly unprecedented since trials of German saboteurs in World War II. And the difference is, we're not at war now." Copyright 2001 by United Press International. All rights reserved.
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