3,067. 11/13/2001

Former President George W. Bush wrote: “On November 13, 2001, I signed an executive order establishing military tribunals to try captured terrorists. The system was based closely on the one created by FDR in 1942, which tried and convicted eight Nazi spies who had infiltrated the United States. The Supreme Court had unanimously upheld the legality of those tribunals. I was confident the military tribunals would provide a fair trial. Detainees were entitled to the presumption of innocence, representation by a qualified attorney, and the right to present evidence that would ‘have probative value to a reasonable person.’ For practical national security reasons, they were not allowed to view classified information that would expose intelligence sources and methods. Convicting a defendant required agreement of two thirds of the tribunal. The detainee could appeal the tribunal’s decision or sentence to the secretary of defense and to the president.”

 – George W. Bush, Decision Points, Page 167

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