Essay: President Bush's military order: Detention, treatment, and trial of certain non-citizens in the war against terrorism

On November 13, 2001, President George W. Bush added to the arsenal of prosecutorial options against those responsible for September 11, 2001 by signing the Military Order regarding the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism. This essay is an examination of the Military Order of November 13. The author's primary concern is that the military commissions are conducted in a fundamentally fair way because the US is a principled nation dedicated to the rule of law. The forums must be conducted fairly, impartially, and with transparency so that justice is done and seen to be done. Military commissions cannot be perceived as shortcuts to obtaining convictions. Ultimately, if the commissions are seen as less than evenhanded, it could actually damage the war against terrorism by de-legitimizing American efforts and, potentially, its cause.