Administration of George W. Bush, 2001 / Nov.

13 1665

get those food products from the farm to our fordable, quality agricultural goods that
tables. strengthen and enrich our country.
The American agricultural industry is the In Witness Whereof, I have hereunto set
leading global provider of food. Its remark- my hand this thirteenth day of November,
able rates of production are a continuing trib- in the year of our Lord two thousand one,
ute to the ingenuity, diligence, and creativity and of the Independence of the United
of our country’s farmers and ranchers. But States of America the two hundred and twen-
agriculture is not just one industry among ty-sixth.
many—it is the very heart of our economy. George W. Bush
The aggregate output of our food industry
is unparalleled in human history. This enor- [Filed with the Office of the Federal Register,
9:35 a.m., November 14, 2001]
mous production makes farmers and ranch-
ers key contributors to the collective wealth NOTE: This proclamation was published in the
of our country. Their extraordinary efforts Federal Register on November 15.
produce foodstuffs not just for our land but
for the world, and they are driven by the
American virtues of independence, industry, Military Order—Detention,
innovation, and sacrifice. Treatment, and Trial of Certain
Our Nation’s farmers and ranchers depend Non-Citizens in the War Against
upon a complex chain of interrelationships Terrorism
with urban workers to get their products to November 13, 2001
national and world markets. Shippers, proc-
essors, marketers, tradespeople, grocers, By the authority vested in me as President
truck drivers, food service providers, inspec- and as Commander in Chief of the Armed
Forces of the United States by the Constitu-
tors, researchers, and scientists are all part
tion and the laws of the United States of
of the formula that feeds our land and the
America, including the Authorization for Use
world. These urban/agriculture partnerships
of Military Force Joint Resolution (Public
serve as catalysts for our overall commercial
Law 107–40, 115 Stat. 224) and sections 821
success; and their continued development is and 836 of title 10, United States Code, it
essential to sustaining our prosperity. is hereby ordered as follows:
As we reflect upon the important role Section 1. Findings.
these partnerships play in the strength and (a) International terrorists, including
success of our great Nation, we remember members of al Qaida, have carried out attacks
those who devote their lives to meeting an on United States diplomatic and military per-
essential national and worldwide need. We sonnel and facilities abroad and on citizens
are blessed by our agricultural abundance, and property within the United States on a
by the committed and caring farmers and scale that has created a state of armed con-
ranchers who strive to provide all we need flict that requires the use of the United States
to feed our people and the people of the Armed Forces.
world, and by all of those who help accom- (b) In light of grave acts of terrorism and
plish this important undertaking. threats of terrorism, including the terrorist
Now, Therefore, I, George W. Bush, attacks on September 11, 2001, on the head-
President of the United States of America, quarters of the United States Department of
by virtue of the authority vested in me by Defense in the national capital region, on the
the Constitution and laws of the United World Trade Center in New York, and on
States, do hereby proclaim November 16 civilian aircraft such as in Pennsylvania, I
through November 22, 2001, as National proclaimed a national emergency on Sep-
Farm-City Week. I call upon all Americans, tember 14, 2001 (Proc. 7463, Declaration of
in rural and urban communities alike, to join National Emergency by Reason of Certain
in recognizing the accomplishments of our Terrorist Attacks).
farms and ranches, and the hard-working in- (c) Individuals acting alone and in concert
dividuals who produce an abundance of af- involved in international terrorism possess

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 1666 Nov. 13 / Administration of George W. Bush, 2001

both the capability and the intention to un- (i) is or was a member of the organiza-
dertake further terrorist attacks against the tion known as al Qaida;
United States that, if not detected and pre- (ii) has engaged in, aided or abetted, or
vented, will cause mass deaths, mass injuries, conspired to commit, acts of inter-
and massive destruction of property, and may national terrorism, or acts in prepara-
place at risk the continuity of the operations tion therefor, that have caused,
of the United States Government. threaten to cause, or have as their aim
(d) The ability of the United States to pro- to cause, injury to or adverse effects
tect the United States and its citizens, and on the United States, its citizens, na-
to help its allies and other cooperating na- tional security, foreign policy, or
tions protect their nations and their citizens, economy; or
from such further terrorist attacks depends (iii) has knowingly harbored one or more
in significant part upon using the United individuals described in subpara-
States Armed Forces to identify terrorists graphs (i) or (ii) of subsection 2(a)(1)
and those who support them, to disrupt their of this order; and
activities, and to eliminate their ability to (2) it is in the interest of the United States
conduct or support such attacks. that such individual be subject to this
(e) To protect the United States and its order.
citizens, and for the effective conduct of mili- (b) It is the policy of the United States
tary operations and prevention of terrorist at- that the Secretary of Defense shall take all
tacks, it is necessary for individuals subject necessary measures to ensure that any indi-
to this order pursuant to section 2 hereof to vidual subject to this order is detained in ac-
be detained, and, when tried, to be tried for cordance with section 3, and, if the individual
violations of the laws of war and other appli- is to be tried, that such individual is tried
cable laws by military tribunals. only in accordance with section 4.
(f) Given the danger to the safety of the (c) It is further the policy of the United
United States and the nature of international States that any individual subject to this
terrorism, and to the extent provided by and order who is not already under the control
under this order, I find consistent with sec- of the Secretary of Defense but who is under
tion 836 of title 10, United States Code, that the control of any other officer or agent of
it is not practicable to apply in military com- the United States or any State shall, upon
missions under this order the principles of delivery of a copy of such written determina-
law and the rules of evidence generally rec- tion to such officer or agent, forthwith be
ognized in the trial of criminal cases in the
placed under the control of the Secretary of
United States district courts.
Defense.
(g) Having fully considered the magnitude
Sec. 3. Detention Authority of the Sec-
of the potential deaths, injuries, and property
destruction that would result from potential retary of Defense. Any individual subject to
acts of terrorism against the United States, this order shall be—
and the probability that such acts will occur, (a) detained at an appropriate location des-
I have determined that an extraordinary ignated by the Secretary of Defense outside
emergency exists for national defense pur- or within the United States;
poses, that this emergency constitutes an ur- (b) treated humanely, without any adverse
gent and compelling government interest, distinction based on race, color, religion, gen-
and that issuance of this order is necessary der, birth, wealth, or any similar criteria;
to meet the emergency. (c) afforded adequate food, drinking water,
Sec. 2. Definition and Policy. shelter, clothing, and medical treatment;
(a) The term ‘‘individual subject to this (d) allowed the free exercise of religion
order’’ shall mean any individual who is not consistent with the requirements of such de-
a United States citizen with respect to whom tention; and
I determine from time to time in writing that: (e) detained in accordance with such other
(1) there is reason to believe that such in- conditions as the Secretary of Defense may
dividual, at the relevant times, prescribe.

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 Administration of George W. Bush, 2001 / Nov. 13 1667

Sec. 4. Authority of the Secretary of De- (5) conduct of the prosecution by one or
fense Regarding Trials of Individuals Subject more attorneys designated by the Sec-
to this Order. retary of Defense and conduct of the
(a) Any individual subject to this order defense by attorneys for the individual
shall, when tried, be tried by military com- subject to this order;
mission for any and all offenses triable by (6) conviction only upon the concurrence
military commission that such individual is of two-thirds of the members of the
alleged to have committed, and may be pun- commission present at the time of the
ished in accordance with the penalties pro- vote, a majority being present;
vided under applicable law, including life im- (7) sentencing only upon the concurrence
prisonment or death. of two-thirds of the members of the
(b) As a military function and in light of commission present at the time of the
the findings in section 1, including subsection vote, a majority being present; and
(f) thereof, the Secretary of Defense shall (8) submission of the record of the trial,
issue such orders and regulations, including including any conviction or sentence, for
orders for the appointment of one or more review and final decision by me or by
military commissions, as may be necessary to the Secretary of Defense if so des-
carry out subsection (a) of this section. ignated by me for that purpose.
(c) Orders and regulations issued under Sec. 5. Obligation of Other Agencies to
subsection (b) of this section shall include, Assist the Secretary of Defense.
but not be limited to, rules for the conduct Departments, agencies, entities, and offi-
of the proceedings of military commissions, cers of the United States shall, to the max-
including pretrial, trial, and post-trial proce- imum extent permitted by law, provide to the
dures, modes of proof, issuance of process, Secretary of Defense such assistance as he
and qualifications of attorneys, which shall may request to implement this order.
at a minimum provide for— Sec. 6. Additional Authorities of the Sec-
(1) military commissions to sit at any time retary of Defense.
and any place, consistent with such (a) As a military function and in light of
guidance regarding time and place as the findings in section 1, the Secretary of De-
the Secretary of Defense may provide; fense shall issue such orders and regulations
(2) a full and fair trial, with the military as may be necessary to carry out any of the
commission sitting as the triers of both provisions of this order.
fact and law; (b) The Secretary of Defense may perform
(3) admission of such evidence as would, any of his functions or duties, and may exer-
in the opinion of the presiding officer cise any of the powers provided to him under
of the military commission (or instead, this order (other than under section 4(c)(8)
if any other member of the commission hereof) in accordance with section 113(d) of
so requests at the time the presiding of- title 10, United States Code.
ficer renders that opinion, the opinion Sec. 7. Relationship to Other Law and Fo-
of the commission rendered at that time rums.
by a majority of the commission), have (a) Nothing in this order shall be construed
probative value to a reasonable person; to—
(4) in a manner consistent with the protec- (1) authorize the disclosure of state secrets
tion of information classified or classifi- to any person not otherwise authorized
able under Executive Order 12958 of to have access to them;
April 17, 1995, as amended, or any suc- (2) limit the authority of the President as
cessor Executive Order, protected by Commander in Chief of the Armed
statute or rule from unauthorized disclo- Forces or the power of the President
sure, or otherwise protected by law, (A) to grant reprieves and pardons; or
the handling of, admission into evidence (3) limit the lawful authority of the Sec-
of, and access to materials and informa- retary of Defense, any military com-
tion, and (B) the conduct, closure of, mander, or any other officer or agent
and access to proceedings; of the United States or of any State to

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 1668 Nov. 13 / Administration of George W. Bush, 2001

detain or try any person who is not an President Bush. Yes, we’re going to take
individual subject to this order. a tour.
(b) With respect to any individual subject Q. What are you going to do?
to this order— President Bush. Well, I want to show him
(1) military tribunals shall have exclusive some of my favorite spots on the ranch.
jurisdiction with respect to offenses by Q. Which are?
the individual; and President Bush. Most of it. [Laughter]
(2) the individual shall not be privileged Q. ——it’s raining.
to seek any remedy or maintain any pro- President Bush. Excuse me?
ceeding, directly or indirectly, or to have Q. It’s raining.
any such remedy or proceeding sought President Bush. The President brought
on the individual’s behalf, in (i) any rain, for which we’re always grateful in the
court of the United States, or any State State of Texas.
thereof, (ii) any court of any foreign na- Q. Is it great to be back at the ranch?
tion, or (iii) any international tribunal. President Bush. I’m thrilled to be here.
(c) This order is not intended to and does There is no better gift than rain.
not create any right, benefit, or privilege,
substantive or procedural, enforceable at law NOTE: The exchange began at approximately 3:15
p.m. at the Bush Ranch. A tape was not available
or equity by any party, against the United for verification of the content of this exchange.
States, its departments, agencies, or other en-
tities, its officers or employees, or any other
person. Statement on the World Trade
(d) For purposes of this order, the term Organization’s Decision To Launch a
‘‘State’’ includes any State, district, territory, New Round of Global Trade
or possession of the United States.
(e) I reserve the authority to direct the
Negotiations
Secretary of Defense, at any time hereafter, November 14, 2001
to transfer to a governmental authority con-
I commend the decision by the world’s
trol of any individual subject to this order. trading nations meeting in Qatar to launch
Nothing in this order shall be construed to a new round of global trade negotiations.
limit the authority of any such governmental This bold declaration of hope by the World
authority to prosecute any individual for Trade Organization (WTO) has the potential
whom control is transferred. to expand prosperity and development
Sec. 8. Publication.
throughout the world and revitalize the glob-
This order shall be published in the Fed-
al economy. It also sends a powerful signal
eral Register.
that the world’s trading nations support
George W. Bush peaceful and open exchange and reject the
The White House, forces of fear and protectionism.
November 13, 2001. Today’s action advances the United States
agenda to liberalize world trade—something
[Filed with the Office of the Federal Register, that will benefit all Americans. By promoting
8:56 a.m., November 15, 2001] open trade, we expand export markets and
NOTE: This military order was published in the create high-paying jobs for American workers
Federal Register on November 16. and farmers, while providing more choices
and lower prices for goods and services for
American families.
Exchange With Reporters on the Today’s decision offers fresh hope for the
Arrival of President Putin in world’s developing nations, with whom the
Crawford, Texas United States worked closely in crafting an
November 14, 2001 agenda for trade negotiations. It reflects our
common understanding that a new trade
Q. Are you going to tour today? Are you round can give developing countries greater
going to take him around today? access to world markets and lift the lives of

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