DOS Memo re: Talking Points on Military Tribunals and Due Process for Terrorists, Insurgents, and Others Engaged in Subversive Activities. The memo covers the military tribunals that are to be used to try terrorists, insurgents, or civilians engaged in subversive activities. It compares the use of military tribunals in other countries and the criticism of those tribunals, the right of the public to have access to the proceedings, the sue process standards and right to appeal sentences, and the respect for the rule of law, the right to counsel, the Right to Presumption of Innocence, the Right to Confront Witnesses.