United States Court of Military Commission Review
Encyclopedia
The Military Commissions Act of 2006
mandated that rulings from the Guantanamo military commission
s could be appealed to a Court of Military Commission Review, which would sit in Washington D.C..
In the event, the Review Court was not ready when it was first needed. Peter Brownback
and Keith J. Allred
, the officers appointed to serve as Presiding Officer
s in the Military Commissions that charged Omar Khadr
and Salim Ahmed Hamdan
dismissed the charges against the two men because the Military Commissions Act only authorized the commissions to try "unlawful enemy combatants".
Khadr and Hamdan, like 570 other Guantanamo captives had merely been confirmed to be "enemy combatant
s".
The Court of Military Commission Review ruled that Presiding Officers were, themselves, authorized to rule whether suspects were "illegal enemy combatant".
To be eligible for a seat on the Court of Military Commission Review, candidates must currently be serving as a judge on one of the following courts: the Army Court of Criminal Appeals
, the Air Force Court of Criminal Appeals
, or the Navy-Marine Corps Court of Criminal Appeals.
Current judges on the panel include:
Former judges include:
the Presiding Officer in United States v. Mohamed Jawad
had ruled that evidence that was the result of torture could not be used.
On February 9, 2009, three judges from the Court, Frank J. Williams, Dan O’Toole, and D. Francis were empaneled to consider whether they should comply with the President's Executive Order halting all their proceedings.
issued Executive Order 13492
ordering the closure of the Guantanamo Bay detention camps, within one year.
That order halted all proceedings before the Court of Military Commission Review.
, writing in the Miami Herald, reported that Ali Al Bahlul's military defense attorneys filed a fifty page appeal of his sentence on free speech grounds on September 2, 2009.
They claimed his production of al Qaeda propaganda material was protected by the first amendment of the United States Constitution
.
Three of the Court's judges assembled on January 26, 2010 to hear oral arguments. Following that, the CMCR determined to proceed with the case en banc
and held a hearing on March 16, 2011. The CMCR issued an opinion on September 9, 2011, that upheld al Bahlul's conviction.
Hamdan has already finished serving his sentence.
, writing in the Miami Herald, reported that the Obama
Presidency has proposed a change in where appeals of the rulings and verdicts of military commissions would be heard.
The proposed changes would have them first heard by the Court of Appeals for the Armed Forces, which Rosenberg noted was a 58-year-old institution. In the current set-up there is no appeal to rulings of the Court of Military Commission Review.
Under the proposed changes appeals could be taken to the United States Supreme Court.
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
mandated that rulings from the Guantanamo military commission
Guantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
s could be appealed to a Court of Military Commission Review, which would sit in Washington D.C..
In the event, the Review Court was not ready when it was first needed. Peter Brownback
Peter Brownback
Peter E. Brownback III is a retired military officer and lawyer.He was appointed to be a Presiding Officer on the Guantanamo military commissions, by retired general John D. Altenburg....
and Keith J. Allred
Keith J. Allred
-Early Life and Career:Allred entered the Navy in 1979. He received his juris doctorate in 1985 from the University of Washington. He served in the U.S...
, the officers appointed to serve as Presiding Officer
Presiding Officer (Guantanamo Military Commissions)
The United States of America has charged Guantanamo captives before "Military Commissions", each presided over by a Presiding Officer.The Presiding Officer were initially to serve as the first among equals on bodies were the commission members served the roles similar to both judge and jury.In the...
s in the Military Commissions that charged Omar Khadr
Omar Khadr
Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...
and Salim Ahmed Hamdan
Salim Ahmed Hamdan
Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, and imprisoned at Guantanamo Bay. He admits to being Osama bin Laden's personal driver claiming he needed the $200 monthly salary that came with the job....
dismissed the charges against the two men because the Military Commissions Act only authorized the commissions to try "unlawful enemy combatants".
Khadr and Hamdan, like 570 other Guantanamo captives had merely been confirmed to be "enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
s".
The Court of Military Commission Review ruled that Presiding Officers were, themselves, authorized to rule whether suspects were "illegal enemy combatant".
Judges
Army Court of Criminal Appeals
In the United States military, the Army Court of Criminal Appeals is an appellate court that reviews certain court martial convictions of Army personnel.-Jurisdiction:...
, the Air Force Court of Criminal Appeals
Air Force Court of Criminal Appeals
The Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...
, or the Navy-Marine Corps Court of Criminal Appeals.
Current judges on the panel include:
- Colonel Barbara Brand, USAF
- Colonel David Conn, USA
- Colonel Theresa Gallagher, USA
- Colonel Ronald Gregory, USAF
- Colonel William Orr, Jr., USAF
- Colonel Joseph Perlak, USMC
- Captain Eric Price, USN
- Colonel Martin Sims, USA
Former judges include:
- Amy BechtoldAmy BechtoldAmy Bechtold is an American military judge and lawyer who was formerly a Colonel in the United States Air Force.Bechtold is notable for her appointment to the United States Court of Military Commission Review....
- Griffin BellGriffin BellGriffin Boyette Bell was an American lawyer and former Attorney General. He served as the nation's 72nd Attorney General during the Jimmy Carter administration...
- Edward G. Biester, Jr.Edward G. Biester, Jr.Edward George Biester, Jr. is a retired Republican politician and judge who served as a member of the U.S. House of Representatives from Pennsylvania, from 1967 to 1977....
- William T. Coleman Jr.
- Colonel John Feltham
- Captain Eric Geiser
- Colonel Paul Holden
- Captain Dan O'TooleDan O'TooleDan O'Toole is a Canadian television sports anchor for TSN. Since 2003, he has co-hosted the 2:00 AM weekday broadcast of SportsCentre, alongside Jay Onrait.- Biography :...
- Lisa Schenck
- Dawn Scholz
- Steven Thompson
- Steven Walburn
- D. Francis
United States v. Mohammed Jawad
Stephen R. HenleyStephen R. Henley
Colonel Stephen R. Henley is an American lawyer and an officer in the United States Army.He is notable for having been appointed the President of a Guantanamo military commission.-President of a Guantanamo military commission:...
the Presiding Officer in United States v. Mohamed Jawad
United States v. Mohamed Jawad
United States v. Mohamed Jawad is one of the military commissions convened under the authority of the Military Commissions Act of 2006.Mohamed Jawad was an Afghan youth who was alleged to have participated in a grenade attack in Khost, Afghanistan, on December 17, 2002.Although American official...
had ruled that evidence that was the result of torture could not be used.
On February 9, 2009, three judges from the Court, Frank J. Williams, Dan O’Toole, and D. Francis were empaneled to consider whether they should comply with the President's Executive Order halting all their proceedings.
Suspension
On January 22, 2009, United States President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
issued Executive Order 13492
Executive Order 13492
Executive Order 13492 is an Executive Order issued by United States President Barack Obama ordering the closure of the Guantanamo Bay detention camp, in Cuba....
ordering the closure of the Guantanamo Bay detention camps, within one year.
That order halted all proceedings before the Court of Military Commission Review.
Appeal of the verdict of Ali Al Bahlul's military commission
Carol RosenbergCarol Rosenberg
Carol Rosenberg is a senior journalist, currently with the McClatchy News Service.Rosenberg works at the Miami Herald, which has provided extensive coverage of the operation of the Guantanamo Bay detention camps, in Cuba.-Biography:...
, writing in the Miami Herald, reported that Ali Al Bahlul's military defense attorneys filed a fifty page appeal of his sentence on free speech grounds on September 2, 2009.
They claimed his production of al Qaeda propaganda material was protected by the first amendment of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
Three of the Court's judges assembled on January 26, 2010 to hear oral arguments. Following that, the CMCR determined to proceed with the case en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
and held a hearing on March 16, 2011. The CMCR issued an opinion on September 9, 2011, that upheld al Bahlul's conviction.
Salim Hamdan's appeal
Attorney's working on behalf of Salim Hamdan have appealed his conviction, and oral arguments were heard on January 26, 2010.Hamdan has already finished serving his sentence.
Replacement proposal
Carol RosenbergCarol Rosenberg
Carol Rosenberg is a senior journalist, currently with the McClatchy News Service.Rosenberg works at the Miami Herald, which has provided extensive coverage of the operation of the Guantanamo Bay detention camps, in Cuba.-Biography:...
, writing in the Miami Herald, reported that the Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
Presidency has proposed a change in where appeals of the rulings and verdicts of military commissions would be heard.
The proposed changes would have them first heard by the Court of Appeals for the Armed Forces, which Rosenberg noted was a 58-year-old institution. In the current set-up there is no appeal to rulings of the Court of Military Commission Review.
Under the proposed changes appeals could be taken to the United States Supreme Court.