Due process is out and secret military tribunals are in.
Newsweek: Bush Insisted Only He Should Decide Who Should Stand Trial Before Military Court .
(Note: this is not a full article but a press release about an article that appears in the print version of "Newsweek" that hits the stands Monday.)
After he signed an order allowing the use of military tribunals in terrorist cases, President George W. Bush insisted he alone should decide who goes before such a military court, his aides tell Newsweek. The tribunal document gives the government the power to try, sentence -- and even execute -- suspected foreign terrorists in secrecy, under special rules that would deny them constitutional rights and allow no chance to appeal.
Bush's powers to form a military court came from a secret legal memorandum, which the U.S. Justice Department began drafting in the days after Sept. 11, Newsweek has learned. The memo allows Bush to invoke his broad wartime powers, since the U.S., they concluded, was in a state of "armed conflict." Bush used the memo as the legal basis for his order to bomb Afghanistan. Weeks later, the lawyers concluded that Bush would use his expanded powers to form a military court for captured terrorists. Officials envision holding the trials on aircraft carriers or desert islands, report Investigative Correspondent Michael Isikoff and Contributing Editor Stuart Taylor Jr...Posted by Lisa at November 18, 2001 01:51 PM | TrackBack