ExecutiveOrdersEO
EO 13425Executive OrderG.W. Bush · R Quiet signal

Executive Order 13425

Trial of Alien Unlawful Enemy Combatants by Military Commission

Defense & SecurityDefense & SecurityCivil RightsCivil RightsDemocracy & GovernanceDemocracy & Governance

In simple terms

This executive order establishes military commissions to try non-citizen unlawful enemy combatants under the Military Commissions Act of 2006, replacing the 2001 military order's trial procedures while eliminating requirements for presidential determinations of 'reason to believe' and 'interest of the United States' before commission trials can proceed.

Federal Register Open PDF 72 FR 7737

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 72 FR 7737

    Federal Register PDF

  3. Supersede section 4 of the November 13, 2001 Military Order

Key directives

  • Establish military commissions to try alien unlawful enemy combatants under chapter 47A of title 10
  • Supersede section 4 of the November 13, 2001 Military Order
  • Eliminate requirement for presidential determination of 'reason to believe' for commission trials
  • Eliminate requirement for presidential determination of 'interest of the United States' for commission trials
  • Executive department heads shall provide information and assistance to Secretary of Defense as necessary

Who is ordered

Prior policy

  • supersedesection 4 of the President's Military Order of November 13, 2001 (66 Fed. Reg. 57,833)
  • supersederequirements in section 2 of the November 13, 2001 Military Order for determinations of 'reason to believe' and 'interest of the United States'

Related orders

  • supersedesEO Military Order of November 13, 2

What to expect

Immediate

  • Military commissions established under chapter 47A of title 10
  • 2001 Military Order provisions on commission trials superseded

Near term (90d)

  • Department of Defense implementation of commission procedures
  • Executive departments to provide information and assistance to Secretary of Defense

Long term

  • Ongoing use of military commissions for alien unlawful enemy combatant trials
  • Potential litigation over commission legitimacy and detainee rights

Risks & tensions

  • Removes executive-level procedural safeguards from 2001 order, potentially centralizing authority in Secretary of Defense
  • No judicially enforceable rights created by this order per Section 4(c), limiting detainee recourse
  • Vague 'subject to availability of appropriations' qualifier in Section 4(a) may constrain implementation
  • Definition reliance on 10 U.S.C. 948a(1) incorporates contested statutory framework
  • Supersedure of 2001 order provisions without explicit transition mechanism for pending cases
Executive Order 13425: Trial of Alien Unlawful Enemy Combatants by Military Commission · Executive Orders