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Military Orders
CFR Title 3 compilations for the 1938-1943 and 1943-1948 periods contain the
texts of 12 presidential directives denominated as military orders.32 The first of these
was issued on July 5, 1939, and the last on October 18, 1948. Ten of them bear the
signature of President Roosevelt; the other two were signed by President Truman.
These directives appear to have been issued by the President in conjunction with the
execution of his duties as Commander-in-Chief and pertain to matters concerning
armed forces administration and personnel. Indeed, half of them bear the
Commander-in-Chief title below the President’s signature. Moreover, while all of
them make reference to “the authority vested in me as President of the United States
and as Commander-in-Chief of the Army and Navy of the United States,” two also
cite a specific Article of War and six also cite explicit statutory authority for their
issuance. No directives of this designation were subsequently produced in the
Federal Register or CFR Title compilations until November 2001, when President
George W. Bush issued a controversial military order on the detention, treatment, and
trial, by military tribunals, of noncitizens alleged to be terrorists.33
https:// fas.org/sgp/crs/misc/98-611.pdf