March 5, 2003

Honorable William J. Haynes, II

General Counsel

Department of Defense

1600 Defense Pentagon

Washington, D.C. 20301-1600

Re:	Draft Military Commission Instruction

Dear Mr. Haynes,

Please accept the enclosed position of the National Association of Criminal Defense Lawyers on the Draft Military Commission Instruction as part of the public comment process.

We are grateful for the opportunity to provide these comments before you adopt a final version. The intent is to offer constructive suggestions to improve the Instruction, so that it better comports with basic principles of American military and civilian criminal law.

Our concern is founded in part on the prospect that American prisoners of war in future conflicts may be harmed if this Instruction is used as justification for improper treatment of Americans.

The three co-chairs of our Military Law Committee have extensive active-duty and reserve experience as judge advocates.

Please feel free to contact me or any of them.

Sincerely,

Lawrence S. Goldman, President