In the wake of the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001, President George W. Bush and his administration began a vigorous offensive against America's perceived enemies. President Bush issued a Military Order to capture and take into custody anyone the President perceived to be a member of the al Qaida terror network, any suspect of terrorism, and anyone who aids the efforts of terrorists. The President holds limitless discretion over who falls under the jurisdiction of his order, and those captured are subject to trial of military commission. Five hundred prisoners are now detained because of this Military Order, and the Bush Administration has begun constructing trial procedures for these prisoners. Intense domestic and international criticism of the procedures developed by the Administration for the prosecution of these prisoners has prompted the Administration to revise those procedures to comport with American civilian and military court standards.
Nicholas W. Smith,
Evidence and Confrontation in the President's Military Commissions,
33 Hastings Const. L.Q. 83
Available at: https://repository.uclawsf.edu/hastings_constitutional_law_quaterly/vol33/iss1/3