Trial of Alien Unlawful Enemy Combatants by Military Commission
Signed February 14, 2007·George W. Bush·72 FR 7737
Source
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Plain-language summary
Establishes military commissions to try alien unlawful enemy combatants, defined as non-U.S. citizens meeting the definition of unlawful enemy combatant under section 948a(1) of title 10, for offenses triable under chapter 47A of title 10, as authorized by the Military Commissions Act of 2006 and other cited authorities. Supersedes portions of the President's Military Order of November 13, 2001 that relate to trial by military commission, including its section 4 and certain determination requirements in section 2. Directs heads of executive departments and agencies to provide the Secretary of Defense with information and assistance needed to carry out the order and chapter 47A. States that implementation depends on available appropriations and existing law, and specifies that the order creates no enforceable rights or benefits for any party against the United States or its officials.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Military Commissions Act of 2006 (Public Law 109-366), the Authorization for Use of Military Force (Public Law 107-40), and section 948b(b) of title 10, United States Code, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Supersedes: Military Order of November 13, 2001
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13425 of February 14, 2007
Trial of Alien Unlawful Enemy Combatants by
Military Commission
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Military Commissions Act of 2006
(Public Law 109-366), the Authorization for Use of
Military Force (Public Law 107-40), and section 948b(b)
of title 10, United States Code, it is hereby ordered
as follows:
Section 1. Establishment of Military Commissions. There
are hereby established military commissions to try
alien unlawful enemy combatants for offenses triable by
military commission as provided in chapter 47A of title
10.
Sec. 2. Definitions. As used in this order:
(a) “unlawful enemy combatant” has the meaning
provided for that term in section 948a(1) of title 10;
and
(b) “alien” means a person who is not a citizen of
the United States.
Sec. 3. Supersedure. This order supersedes any
provision of the President's Military Order of November
13, 2001 (66 Fed. Reg. 57,833), that relates to trial
by military commission, specifically including:
(a) section 4 of the Military Order; and
(b) any requirement in section 2 of the Military Order,
as it relates to trial by military commission, for a
determination of:
(i) reason to believe specified matters; or
(ii) the interest of the United States.
Sec. 4. General Provisions. (a) This order shall be
implemented in accordance with applicable law and
subject to the availability of appropriations.
(b) The heads of executive departments and agencies
shall provide such information and assistance to the
Secretary of Defense as may be necessary to implement
this order and chapter 47A of title 10.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, entities,
officers, employees, or agents, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
February 14, 2007.Reproduced from the Federal Register plain-text record, signed February 14, 2007. Typesetting artifacts are removed; no wording is changed.