Letter to President George W. Bush Regarding the Defense Department's 3/21/02 Issuance of the "Military Commission Order No. 1"
President George W. Bush
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500
Dear President Bush:
We are writing to you in response to the Defense Department's issuance, on March 21, 2002, of "Military Commission Order No. 1," setting forth procedures for trials by military commissions. Unfortunately, as we explain in the attached memorandum, the Defense Department's plan does not meet the requirement of "full and fair" trials that you laid out in your November 13 "Military Order."
In reacting to the terrorist attacks of September 11, the United States must respect its Constitutional principles. While we acknowledge that some progress has been made in the latest order, the procedures outlined by the Defense Department are still deficient. The prospect of command influence and lack of independent review render the new order's guarantees of specific procedural rights illusory.
We urge you to leave the trial of criminal cases, including terrorism cases, where the Constitution demands -- the regular criminal courts. Article III of the Constitution says plainly that "The Trial of all Crimes . . . shall be by Jury . . . ." The Constitution cannot apply only to those the United States government decides "deserve" its protection.
Nor should we set a precedent that would allow American citizens to be stripped of important legal rights by other governments. As Thomas Paine said, "He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach himself."
Sincerely,
Laura W. Murphy
Director, ACLU Washington Office
Timothy H. Edgar
ACLU Legislative Counsel
Cc: Hon. Donald Rumsfeld, Secretary of Defense
William H. Haynes II, DOD General Counsel
Witt Cobb, DOD Deputy General Counsel
Vic Bernson, DOD Associate Deputy General Counsel