In November 2001, President Bush issued a very troubling Military Order that authorizes secret military trials and secret detentions of non-citizens. On March 21, 2002, the Department of Defense made public the rules and regulations for the court. Despite these guidelines, the civil liberties and human rights community continues to advocate for a redrafting of these regulations in order to ensure they are constitutional and adhere to international law.

On November 2001, President Bush passed a Military Order calling for non-American individuals captured on the battlefield to be tried in military courts.

Congressional Hearings and Statements on the defending American freedoms and the role of military commissions

• Testimony of Paul D. Wolfowitz, Deputy Secretary of Defense and William J. Haynes, General Counsel, Department of Defense, before the Senate Armed Services Committee, 12/12/01
• Testimony of Attorney General John Ashcroft, before the Senate Judiciary Committee, 12/06/01
• Testimony of The Honorable Pierre-Richard Prosper, Ambassador-at-Large for War Crimes Issues, Department of State, before the Senate Judiciary Committee, 12/04/01
• Testimony of Michael Chertoff, Assistant Attorney General, Criminal Division, before the Senate Judiciary Committee, 11/28/01.

Statements by Administration Officials on Military Commissions

• Read Q& A with Ari Fleisher, White House Press Secretary talking about military tribunals, White House Briefing, December 17, 2001
• Department of Defense News Briefing with Secretary Rumsfeld and General Myers, December 11, 2001
• Defense Secretary Donald Rumsfeld Interview, excerpt from The Washington Post, December 7, 2001
• Excerpt from Secretary Rumsfeld's Interview with NBC Meet the Press (Tim Russert), December 2, 2001
• In an op-ed article in The New York Times entitled "Martial Justice Full and Fair", November 11, 2001, Alberto R. Gonzalez, Counsel to the President, explained how the military commissions would be used.

On March 21, 2002, the Department of Defense issued the Military Commission regulations. While the regulations do incorporate many safeguards needed to meet international and constitutional requirements, there are still essential safeguards that have been neglected.

• Department of Defense Military Commissions Order No. 1
• Fact Sheet from Department of Defense Military Order

On February 28, 2003, the Department of Defense released a draft list of crimes for trial in a military commission. The DoD held a short press conference where officials mentioned that commentary would be accepted but because they are aiming to finalize the document over the next month, in actuality there is little time for such submissions. Upon first glance the list of crimes looks to have no statute of limitations and specifically allows ex post facto prosecutions. Furthermore, crimes can be added or dropped at the discretion of the drafters and there is no requirement calling for congressional review, comment or oversight.

• Department of Defense Press Conference on release of Draft Crimes List, February 28, 2003
• Military Commission Draft Crimes and Elements Instruction, February 28, 2003

On May 2, 2003, the General Counsel of the Department of Defense held a press briefing to release eight military commission instructions that would be necessary to conduct possible military commissions in the near future. After receiving commentary from various organizations and individuals on their draft instructions which circulated briefly for comment in March 2003, these Crimes and Elements instructions are now final

• Background Briefing on the Release of Military Commission Instructions, May 2, 2003
• Crimes and Elements for Trial by Military Commission, Instruction No. 2, April 30, 2003
• Qualification of Civil Defense Counsel, Instruction No. 5, April 30, 2003

Memos and Letters

Groups Statement in Opposition to the Military Commissions, January 2003

Letter from the Inter-American Commission on Human Rights requesting information on issues of terrorism and human rights, March 25, 2002

Joint Letter to Secretary Rumsfeld Regarding Safeguards for Military Commissions, January 14, 2002

Task Force Report from the American Bar Association (ABA), January 4, 2002

Letter to Paul W. Cobb, Deputy General Counsel, Department of Defense, Regarding procedures to implement the military commissions, December 21, 2001

Letter from 500 Law Professors to the Department of Defense, December 7, 2001, View list of signers

Letter from National Legal Aid & Defender Association (NLADA), December 5, 2001

Memo on Lawfulness of Executive Order Establishing Military Commissions, November 19, 2001

President Bush's Order on Military Trials of Non-Citizens: Beyond His Constitutional or Statutory Authority By Kathleen Clark, Professor of Law, Washington University in St. Louis, November 19, 2001

Links to other organziations' commentary on the military commissions controversy

Articles

"More Power for Bush: Alberto Gonzales Ordered Deference to the President," by Kate Martin, Legal Times, December 23, 2002