Critics: Tribunals Put U.S. Ideals at Risk

ByABC News
November 14, 2001, 10:20 PM

Nov. 15 -- President Bush's order establishing military commissions to put non-U.S. citizens accused of terrorism on trial will make it easier for the government to win convictions a decision civil libertarians believe could compromise the basic rights the United States has defended.

On Tuesday, President Bush signed an order authorizing military tribunals to conduct trials involving non-U.S citizens accused of terrorism, the first move of its kind since World War II.

In the emergency executive order, which did not need Congress' approval, Bush said the detention and trial of accused terrorists by a military tribunal was necessary "to protect the United States and its citizens, and for the effective conduct of military operations and prevention of terrorist attacks."

Under the order, the president determines who is considered a terrorist suspect to be detained by the Department of Defense. The Department of Defense is developing policies and procedures governing military commissions, rules of procedure and evidence, as well qualifications for counsel in the proceedings.

Secretary of Defense Donald Rumsfeld would then be responsible for setting up the meeting time and location of the commission, including whether or not it would meet outside the United States. The Secretary of Defense would also ensure that suspects are provided with care while under arrest and that their rights are not violated.

However, some critics believe a military commission will only be used to target and condemn suspects the Bush administration believes are terrorists in a tactic lacking due process.

"The government gets to decide first that you're guilty, thenit puts you through the process to affirm that you're guilty," Morton H. Halperin, a senior fellow at the Council on ForeignRelations told The Associated Press. "I don't think constitutionally you can do that."

Some are disturbed by the Bush administration's decision and believe that the order's focus on non-U.S. citizens including lawful permanent residents could jeopardize people's rights.