Terrorism on trial: the President's constitutional authority to order the prosecution of suspected terrorists by military commission.

Duke Law Journal, April, 2002 by Evans, Christopher M.

INTRODUCTION

On November 13, 2001, President George W. Bush, in his capacity as commander in chief, promulgated a Military Order authorizing the trial of noncitizens suspected of complicity in the brutal attacks on September 11, 2001, before specially convened military commissions. (1) The Military Order of November 13 establishes that, unlike trials in federal district courts, judicial review of the commission proceedings will be strictly prohibited. (2) The commissions also differ considerably from the courts-martial provided under the Uniform Code of Military Justice (UCMJ). (3) Courts-martial are appealable on all issues of fact and law (4) and, furthermore, adhere to strict rules of evidence. (5) The commissions, on the other hand, only follow evidentiary...

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