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The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review, which would sit in Washington D.C..[1][2][3][4]
In the event, the Review Court was not ready when it was first needed.[1] Peter Brownback and Keith J. Allred, the officers appointed to serve as Presiding Officers 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".[2][5][5][6] Khadr and Hamdan, like 570 other Guantanamo captives had merely been confirmed to be "enemy combatants".
The Court of Military Commission Review ruled that Presiding Officers were, themselves, authorized to rule whether suspects were "illegal enemy combatant".[7][8][9]
Sitting Judges[]
Swearing in judges on the Court of Military Commission Review.[2] John Rolph swears in Paul Holden, Dawn Scholz, Steven Walburn, Amy Bechtold, Steven Thompson, Lisa Schenck, and Eric Geiser.
The sixteen judges on the panel include:
- Frank J. Williams, chief judge[2][3]
- Captain John Rolph, deputy chief judge[2]
- Amy Bechtold[2]
- Edward G. Beister Jr.[2][3]
- William T. Coleman Jr.[2][3]
- Colonel John Feltham[2]
- Captain Eric Geiser[2]
- Colonel Paul Holden[2]
- Captain Dan O'Toole[2]
- Lisa Schenck[2]
- Dawn Scholz[2]
- Steven Thompson[2]
- Steven Walburn[2]
- D. Francis[10]
Griffin Bell, a former Attorney General resigned from serving as the Chief Judge, for health reasons.[2][3]
United States v. Mohammed Jawad[]
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Stephen R. Henley the Presiding Officer in United States v. Mohamed Jawad had ruled that evidence that was the result of torture could not be used.[11] 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.[10]
Suspension[]
On January 22, 2009, United States President Barack Obama issued Executive Order 13492 ordering the closure of the Guantanamo Bay detention camps, within one year.[12] That order halted all proceedings before the Court of Military Commission Review.
Appeal of the verdict of Ali Al Bahlul's military commission[]
Carol Rosenberg, 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.[13][14] They claimed his production of al Qaeda propaganda material was protected by the first amendment of the United States Constitution.
"Mr. al Bahlul is not a sympathetic defendant. He embraces an ideology that glorifies violence, justifies terrorism and opposes constitutional democracy. As offensive as it may be, [Bahlul's film work] is speech that falls within the core protections of the First Amendment, which forbids the prosecution of `the thoughts, the beliefs, the ideals of the accused."
Three of the Court's judges assembled on January 26, 2010 to hear oral arguments.[15]
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.[15] Hamdan has already finished serving his sentence.
Replacement proposal[]
Carol Rosenberg, 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.[13] 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.
References[]
- ↑ 1.0 1.1 Growing Pains for Terror Appeals Court [1] Matt Apuzzo August 22, 2007[dead link]
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 Navy Judges Lend Expertise to the Court of Military Commission Review [2] Jason Jones[dead link] mirror
- ↑ 3.0 3.1 3.2 3.3 3.4 Military Commission Review Panel Takes Oath of Office [3] 2004-09-22 mirror
- ↑ Q&A: Guantanamo detentions [4] 2009-01-22
- ↑ 5.0 5.1 Charges Dismissed Against Canadian at Guantanamo [5] Sergeant Sara Wood June 4, 2007
- ↑ Judge Dismisses Charges Against Second Guantanamo Detainee [6] Sergeant Sara Wood June 4, 2007
- ↑ White House Defends US Terror Tribunals [7] Matt Apuzzo 2007-08-24
- ↑ A new court for Gitmo [8] 2007-08-25
- ↑ Factsheet: Military Commissions [9]
- ↑ 10.0 10.1 "UNITED STATES COURT OF MILITARY COMMISSION REVIEW Before F. Williams, D. Francis, and D. O'Toole". United States Department of Justice. 2009-02-09. Archived from the original on 2009-05-30. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.scotusblog.com%2Fwp%2Fwp-content%2Fuploads%2F2009%2F02%2Fcmcr-stay-order-2-4-09.pdf&date=2009-05-30.
- ↑ U.S. court hears arguments over young detainee's confession [10] 2009-01-13
- ↑ EXECUTIVE ORDER -- REVIEW AND DISPOSITION OF INDIVIDUALS DETAINED AT THE GUANTÁNAMO BAY NAVAL BASE AND CLOSURE OF DETENTION FACILITIES [11] 2009-01-22
- ↑ 13.0 13.1 Bin Laden aide's Gitmo conviction appealed [12] Carol Rosenberg 2009-09-02
- ↑ Brief on behalf of appellant: CMCR Case no. 09-001 [13] Michel Paradis, Todd E. Pierce, Katherine Doxakis, Scott Medlyn 2009-09-01
- ↑ 15.0 15.1 US Military Panel Hears 1st Guantanamo Appeal [14] 2010-01-26
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