[free-sklyarov] [ParanoidTimes] Bush Orders Terror Trials by Military (fwd)

[Jei]

Put that Sklyarov terrorist to military court?

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Date: Wed, 14 Nov 2001 14:12:23 +1100
From: Bond <BondJ2007 at yahoo.co.uk>
Reply-To: ParanoidTimes at yahoogroups.com
To: ParanoidTimes at yahoogroups.com
Subject: [ParanoidTimes] Bush Orders Terror Trials by Military

Bush Orders Terror Trials by Military 
  NewsMax.com Wires
  Tuesday, Nov. 13, 2001 

WASHINGTON (UPI) - 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."

http://www.newsmax.com/archives/articles/2001/11/13/193921.shtml