Abstract: | Among the most controversial of President George W. Bush's responses to the deadly September 11, 2001 al-Qaeda attacks on the World Trade Center and the Pentagon was his issuance two months later of an order authorizing the trial before military commissions of aliens suspected of membership in that murderous organization or of involvement in terrorist activities. 1 Two years after Bush's promulgation of that November 13, 2001 military order, no terrorist has yet stood trial before such a tribunal. That is not a bad thing. The history of American military commissions suggests that this is a legal device vulnerable to abuse that should be used only with the utmost caution. |