Trial of Alien Unlawful Enemy Combatants by Military Commission

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

Impact dates

Nov 13, 2001
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

Timeline

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2001 Military Order provisions on commission trials superseded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