On November 13, 2001, President George W. Bush issued the military order "Detention, Treatment, and Trial of Certain Non-citizens in the War Against Terrorism." One of its provisions authorizes the trial by military commission of any non-citizen as to whom the president determines "that there is reason to believe that such individual ... has engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparation therefor, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy." It pronounced that "military tribunals shall have exclusive jurisdiction with respect to offenses by" such individuals, who "shall not be privileged to seek any remedy... in any court of the United States."
Eric M. Freedman,
The Bush Military Tribunals: Where Have We Been? Where Are We Going?, 17 Criminal Justice 14
Available at: http://scholarlycommons.law.hofstra.edu/faculty_scholarship/54