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1. Congressional Testimony on Hate Crime Data Collection 2. Southern Poverty Law Center 3. National Bias Crime Statistical Analysis President Bush & Attorney General Ashcroft
Promote "Limited" Use of Military Tribunals for Terrorist Suspects;
Senate To Question Ashcroft Next Week on Matter Anthrax Found in Environmental Search of 94 yr.
old Conn. Woman Who Died From Anthrax European Union Ponders Additional laws Agianst hate Crime and Xenophobia New Hate Crime Report Shows Continued Undercounting of Hate Crime
The Southern Poverty Law Center's Winter Intelligence Report cover story released today (November 29), indicates that hate crimes in the United States are
significantly underreported.
To review the new article, and previous Congressional testimony and a study by Professor Levin in 1992 showing 37,000 hate crimes annually in the United States, see the links below.
Executive Order of President Bush on Military Tribunals 11/13/01 Executive order of President George W. Bush,
allowing for for terror suspects who are not U.S. citizens to be tried
by the military. THE
WHITE HOUSE Office of the Press Secretary For Immediate Release November 13, 2001 MILITARY ORDER DETENTION, TREATMENT, AND TRIAL OF CERTAIN NON-CITIZENS IN THE
WAR AGAINST TERRORISM By the authority vested in me as President and as Commander in
Chief of the Armed Forces of the United States by the Constitution and
the laws of the United States of America, including the Authorization
for Use of Military Force Joint Resolution (Public Law 107-40, 115
Stat. 224) and sections 821 and 836 of title 10, United States Code,
it is hereby ordered as follows: Section 1. Findings. (a) International terrorists, including members of al Qaida, have
carried out attacks on United States diplomatic and military personnel
and facilities abroad and on citizens and property within the United
States on a scale that has created a state of armed conflict that
requires the use of the United States Armed Forces. (b) In light of grave acts of terrorism and threats of terrorism,
including the terrorist attacks on September 11, 2001, on the
headquarters of the United States Department of Defense in the
national capital region, on the World Trade Center in New York, and on
civilian aircraft such as in Pennsylvania, I proclaimed a national
emergency on September 14, 2001 (Proc. 7463, Declaration of National
Emergency by Reason of Certain Terrorist Attacks). (c) Individuals acting alone and in concert involved in
international terrorism possess both the capability and the intention
to undertake further terrorist attacks against the United States that,
if not detected and prevented, will cause mass deaths, mass injuries,
and massive destruction of property, and may place at risk the
continuity of the operations of the United States Government. (d) The ability of the United States to protect the United States
and its citizens, and to help its allies and other cooperating nations
protect their nations and their citizens, from such further terrorist
attacks depends in significant part upon using the United States Armed
Forces to identify terrorists and those who support them, to disrupt
their activities, and to eliminate their ability to conduct or support
such attacks. (e) To protect the United States and its citizens, and for the
effective conduct of military operations and prevention of terrorist
attacks, it is necessary for individuals subject to this order
pursuant to section 2 hereof to be detained, and, when tried, to be
tried for violations of the laws of war and other applicable laws by
military tribunals. (f) Given the danger to the safety of the United States and the
nature of international terrorism, and to the extent provided by and
under this order, I find consistent with section 836 of title 10,
United States Code, that it is not practicable to apply in military
commissions under this order the principles of law and the rules of
evidence generally recognized in the trial of criminal cases in the
United States district courts. (g) Having fully considered the magnitude of the potential deaths,
injuries, and property destruction that would result from potential
acts of terrorism against the United States, and the probability that
such acts will occur, I have determined that an extraordinary
emergency exists for national defense purposes, that this emergency
constitutes an urgent and compelling govern-ment interest, and that
issuance of this order is necessary to meet the emergency. Sec. 2. Definition and Policy. (a) The term "individual subject to this order" shall
mean any individual who is not a United States citizen with respect to
whom I determine from time to time in writing that: (1) there is reason to believe that such individual, at the
relevant times, (i) is or was a member of the organization known as al Qaida; (ii) 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; or (iii) has knowingly harbored one or
more individuals described in subparagraphs (i) or (ii) of subsection
2(a)(1) of this order; and (2) it is in the interest of the United States that such individual
be subject to this order. (b) It is the policy of the United States that the Secretary of
Defense shall take all necessary measures to ensure that any
individual subject to this order is detained in accordance with
section 3, and, if the individual is to be tried, that such individual
is tried only in accordance with section 4. (c) It is further the policy of the United States that any
individual subject to this order who is not already under the control
of the Secretary of Defense but who is under the control of any other
officer or agent of the United States or any State shall, upon
delivery of a copy of such written determination to such officer or
agent, forthwith be placed under the control of the Secretary of
Defense. Sec. 3. Detention Authority of the Secretary of Defense. Any
individual subject to this order shall be -- (a) detained at an appropriate location designated by the Secretary
of Defense outside or within the United States; (b) treated humanely, without any adverse distinction based on
race, color, religion, gender, birth, wealth, or any similar criteria;
(c) afforded adequate food, drinking water, shelter, clothing, and
medical treatment; (d) allowed the free exercise of religion consistent with the
requirements of such detention; and (e) detained in accordance with such other conditions as the
Secretary of Defense may prescribe. Sec. 4. Authority of the Secretary of Defense Regarding Trials of
Individuals Subject to this Order. (a) Any individual subject to this order shall, when tried, be
tried by military commission for any and all offenses triable by
military commission that such individual is alleged to have committed,
and may be punished in accordance with the penalties provided under
applicable law, including life imprisonment or death. (b) As a military function and in light of the findings in section
1, including subsection (f) thereof, the Secretary of Defense shall
issue such orders and regulations, including orders for the
appointment of one or more military commissions, as may be necessary
to carry out subsection (a) of this section. (c) Orders and regulations issued under subsection (b) of this
section shall include, but not be limited to, rules for the conduct of
the proceedings of military commissions, including pretrial, trial,
and post-trial procedures, modes of proof, issuance of process, and
qualifications of attorneys, which shall at a minimum provide for -- (1) military commissions to sit at any time and any place,
consistent with such guidance regarding time and place as the
Secretary of Defense may provide; (2) a full and fair trial, with the military commission sitting as
the triers of both fact and law; (3) admission of such evidence as would, in the opinion of the
presiding officer of the military commission (or instead, if any other
member of the commission so requests at the time the presiding officer
renders that opinion, the opinion of the commission rendered at that
time by a majority of the commission), have probative value to a
reasonable person; (4) in a manner consistent with the protection of information
classified or classifiable under Executive Order 12958 of April 17,
1995, as amended, or any successor Executive Order, protected by
statute or rule from unauthorized disclosure, or otherwise protected
by law, (A) the handling of, admission into evidence of, and access to
materials and information, and (B) the conduct, closure of, and access
to proceedings; (5) conduct of the prosecution by one or more attorneys designated
by the Secretary of Defense and conduct of the defense by attorneys
for the individual subject to this order; (6) conviction only upon the concurrence of two-thirds of the
members of the commission present at the time of the vote, a majority
being present; (7) sentencing only upon the concurrence of two-thirds of the
members of the commission present at the time of the vote, a majority
being present; and (8) submission of the record of the trial, including any conviction
or sentence, for review and final decision by me or by the Secretary
of Defense if so designated by me for that purpose. Sec. 5. Obligation of Other Agencies to Assist the Secretary of
Defense. Departments, agencies, entities, and officers of the United States
shall, to the maximum extent permitted by law, provide to the
Secretary of Defense such assistance as he may request to implement
this order. Sec. 6. Additional Authorities of the Secretary of Defense. (a) As a military function and in light of the findings in section
1, the Secretary of Defense shall issue such orders and regulations as
may be necessary to carry out any of the provisions of this order. (b) The Secretary of Defense may perform any of his functions or
duties, and may exercise any of the powers provided to him under this
order (other than under section 4(c)(8) hereof) in accordance with
section 113(d) of title 10, United States Code. Sec. 7. Relationship to Other Law and Forums. (a) Nothing in this order shall be construed to -- (1) authorize the disclosure of state secrets to any person not
otherwise authorized to have access to them; (2) limit the authority of the President as Commander in Chief of
the Armed Forces or the power of the President to grant reprieves and
pardons; or (3) limit the lawful authority of the Secretary of Defense, any
military commander, or any other officer or agent of the United States
or of any State to detain or try any person who is not an individual
subject to this order. (b) With respect to any individual subject to this order -- (1) military tribunals shall have exclusive jurisdiction with
respect to offenses by the individual; and (2) the individual shall not be privileged to seek any remedy or
maintain any proceeding, directly or indirectly, or to have any such
remedy or proceeding sought on the individual=s behalf, in (i) any
court of the United States, or any State thereof, (ii) any court of
any foreign nation, or (iii) any international tribunal. (c) This order is not intended to and does not create any right,
benefit, or privilege, substantive or procedural, enforceable at law
or equity by any party, against the United States, its departments,
agencies, or other entities, its officers or employees, or any other
person. (d) For purposes of this order, the term "State" includes
any State, district, territory, or possession of the United States. (e) I reserve the authority to direct the Secretary of Defense, at
any time hereafter, to transfer to a governmental authority control of
any individual subject to this order. Nothing in this order shall be
construed to limit the authority of any such governmental authority to
prosecute any individual for whom control is transferred. Sec. 8. Publication. This order shall be published in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, November 13, 2001.
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