The military commission, created by President Bush in his capacity as Commander in Chief, is prepared to sit in judgment of individuals alleged to be associated with al Qaeda. These individuals face charges derived from a military order issued by the President. In the approximate two years since the President issued this order, there has been a virtual avalanche of legal commentary related to the theory and process implemented to hold such individuals accountable. A cursory review of this body of legal scholarship reveals the tendency of authors to plant their conclusions in one of two polar opposite camps—the clearly illegal camp or the clearly legal camp. Few such commentaries have approached the issue from a pragmatic perspective that seeks to identify shortfalls in the current concept for the use of military commissions and to propose a remedy for these shortfalls that could enhance the legitimacy of the proposed use of military commissions.