[Weekly Compilation of Presidential Documents Volume 43, Number 7 (Monday, February 19, 2007)]
[Pages 164-165]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13425--Trial of Alien Unlawful Enemy Combatants by 
Military Commission

February 14, 2007

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Military 
Commissions Act of 2006 (Public Law 109-366), the Authorization for Use 
of Military Force (Public Law 107-40), and section 948b(b) of title 10, 
United States Code, it is hereby ordered as follows:
    Section 1. Establishment of Military Commissions. There are hereby 
established military commissions to try alien unlawful enemy combatants 
for offenses triable by military commission as provided in chapter 47A 
of title 10.
    Sec. 2. Definitions. As used in this order:
    (a) ``unlawful enemy combatant'' has the meaning provided for that 
term in section 948a(1) of title 10; and
    (b) ``alien'' means a person who is not a citizen of the United 
States.
    Sec. 3. Supersedure. This order supersedes any provision of the 
President's Military Order of November 13, 2001 (66 Fed. Reg. 57,833), 
that relates to trial by military commission, specifically including:
    (a) section 4 of the Military Order; and
    (b) any requirement in section 2 of the Military Order, as it 
relates to trial by military commission, for a determination of:
    (i) reason to believe specified matters; or
    (ii) the interest of the United States.
    Sec. 4. General Provisions. (a) This order shall be implemented in 
accordance with applicable law and subject to the availability of 
appropriations.
    (b) The heads of executive departments and agencies shall provide 
such information and assistance to the Secretary of Defense as may be 
necessary to implement this order and chapter 47A of title 10.
    (c) This order is not intended to, and does not, create any right or 
benefit, substantive or procedural, enforceable at law or in equity by 
any party against the United States, its

[[Page 165]]

departments, agencies, entities, officers, employees, or agents, or any 
other person.
                                                George W. Bush
 The White House,
 February 14, 2007.

 [Filed with the Office of the Federal Register, 8:45 a.m., February 16, 
2007]

Note: This Executive order will be published in the Federal Register on 
February 20.