Executive Order 13425: Trial of Alien Unlawful Enemy Combatants by Military Commission

President: George W. Bush

Established commissions under the 2006 Military Commissions Act for specified noncitizen defendants.

Status: In effect. Is Executive Order 13425 still in effect? Yes. Executive Order 13425 remains in effect. See Federal Register record.

What does Executive Order 13425 do?

EO 13425 established commissions for alien unlawful enemy combatants under then-chapter 47A of title 10 and superseded specified trial-related provisions of the 2001 order. Agencies were to assist Defense. Congress revised the commission statute in 2009. The Office of Military Commissions identifies the 2009 Act and later manuals and rules as the current governing framework.

Administration position: The order invoked the 2006 statute; it did not dispense with statutory process or decide any defendant’s guilt.
SignedFebruary 14, 2007
Earlier frameworkThe President’s November 2001 military order had set an earlier commission framework; Congress enacted the Military Commissions Act of 2006 after litigation over that system.
Responsible bodyDefense Secretary and military commission authorities
Follow-up evidence2009–2025: Congress revised the commission statute in 2009. The Office of Military Commissions identifies the 2009 Act and later manuals and rules as the current governing framework.

Before and after

Before the order

The President’s November 2001 military order had set an earlier commission framework; Congress enacted the Military Commissions Act of 2006 after litigation over that system.

After the order

EO 13425 established commissions for alien unlawful enemy combatants under then-chapter 47A of title 10 and superseded specified trial-related provisions of the 2001 order. Agencies were to assist Defense.

Congress revised the commission statute in 2009. The Office of Military Commissions identifies the 2009 Act and later manuals and rules as the current governing framework.

What did the signed order change?

The President’s November 2001 military order had set an earlier commission framework; Congress enacted the Military Commissions Act of 2006 after litigation over that system. EO 13425 established commissions for alien unlawful enemy combatants under then-chapter 47A of title 10 and superseded specified trial-related provisions of the 2001 order. Agencies were to assist Defense.

What happened later?

Office of Military Commissions — legal resources: Congress revised the commission statute in 2009. The Office of Military Commissions identifies the 2009 Act and later manuals and rules as the current governing framework.

What does that evidence establish?

The 2006 terminology and procedures must be read in their historical statutory setting. Later legislation and court rulings govern present cases; this order alone is not a complete statement of current commission law. A later manual or amended statute is not evidence of the outcome of an individual case. Read the signed order for its original terms.

Who had to do what

Agency / officeActionTiming / position
Defense Secretary and military commission authoritiesEstablish and administer commissions within chapter 47A and applicable lawUnder the signed order and governing law

What happened next

EO 13425 signed.

Signed order and follow-up evidence reviewed.