"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;"
It is required for a person to have a Grand Jury if they are indited for a capital or infamous crime except for in military tribunals when in times of war or national security. President Bush is playing on this saying that this is a time of war and it is also a matter of national security. Also at a certain amount of money a jury can be involved with the case.
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