Must read Memo regarding Bush's Tribunals

[Solly Mack]

"Section 836 (of the UCMJ) simply delegates to the President the authority to prescribe rules of evidence and procedure for courts-martial and military tribunals.20 Thus, if Congress had authorized a special military tribunal for international terrorists, Section 836 would authorize the President to create the rules for such a tribunal. But 836 does not itself authorize such a tribunal"

http://www.cdt.org/security/011100clark.shtml

However, Bush can not create rules that violate the law ...which is what he did. In addition to assuming the authority to convene tribunals(commissions).


Also

United States Senate
Committee on the Judiciary
Testimony of Scott L. Silliman on
Doj Oversight: Preserving Our Freedoms While
Defending Against Terrorism

http://www.law.duke.edu/lens/publications/112801.html