Legal Opinion

Legality of the Use of Military Commissions to Try Terrorists

Department of Justice Office of Legal Counsel

Decided November 6, 2001Published

1Opinion of the Court

Legality of the Use of Military Commissions to Try Terrorists The President possesses inherent authority under the Constitution, as Chief Executive and Commander in Chief of the Armed Forces of the United States, to establish military commissions to try and punish terrorists captured in connection with the attacks of September 11 or in connection with U.S. military operations in response to those attacks. November 6, 2001 MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT I. Background ...................................................................................................... 239…

2Cases cited44 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  3. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
  4. Harisiades v. ShaughnessySupreme Court of the United States · 1951
  5. United States v. Curtiss-Wright Export Corp.Supreme Court of the United States · 1936

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