United States Court of Military Commission Review

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United States Court of Military Commission Review
(C.M.C.R.)
Location Washington, D.C.
Appeals to District of Columbia Circuit
Appeals from
Established2006
Authority Article I tribunal
Created by Military Commissions Act of 2006
10 U.S.C.   § 950f
Composition method Presidential nomination
with Senate advice and consent
(or commissioned officers serving as military judges)
Chief Judge Lisa M. Schenck
www.mc.mil

The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review (CMCR), which would sit in Washington, D.C. [1] [2] [3] [4]

Contents

In any event, the CMCR was not ready when it was first needed. [1] [5] 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] [6] [7] 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 combatants". [8] [9] [10]

Current composition of the court

To be eligible for a seat on the Court of Military Commission Review, candidates must currently be serving as a judge on either the Army Court of Criminal Appeals, the Air Force Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, or be nominated by the President of the United States. In 2016, all judges on the court began receiving presidential appointments with Senate confirmations. [11]

#JudgeMilitary
branch		Term of serviceAppointed by
ActiveChiefDeputy chief
34 William B. Pollard III Civilian2012–present—— Obama
52 Lisa M. Schenck Civilian2019–present2022–present— Trump
55 Natalie D. Richardson Air Force2023–present—2023–present Biden
56 LaJohnne A. Morris Army2023–present—— Biden
57 Michael C. Holifield Navy2023–present—— Biden
58 Stuart T. Kirkby Navy2023–present—— Biden
59 Jennifer A. Parker Army2023–present—— Biden

Former judges

#JudgeMilitary
branch		Term of serviceAppointed by
ActiveChiefDeputy chief
1 Griffin Bell Civilian2004–20072004–2007— Rumsfeld
2 Edward G. Biester Jr. Civilian2004–2007—— Rumsfeld
3 William Thaddeus Coleman Jr. Civilian2004–2009—— Rumsfeld
4 Frank J. Williams Civilian2004–20092007–2009— Rumsfeld
5 Amy Bechtold [12] Air Force2007–?—— Gates
6 John Feltham [12] Marine Corps2007–?—— Gates
7 David R. Francis [12] Air Force2007–?—— Gates
8 Eric E. Geiser [12] Navy2007–?—— Gates
9 Paul P. Holden Jr. [12] Army2007–?—— Gates
10 Daniel E. O'Toole [13] Navy2007–20112009–2011— Gates
11 John Rolph Navy2007–2008—2007–2008 Gates
12 Lisa M. Schenck Army2007–2008—— Gates
13 Dawn Scholz [12] Air Force2007–?—— Gates
14 Annamary Sullivan [12] Army2007–?—— Gates
15 Steven Thompson [12] Air Force2007–?—— Gates
16 Steven Walburn [12] Army2007–?—— Gates
17 Barbara G. Brand [14] Air Force2008–2011—— Gates
18 David Conn [15] Army2008–2012/2013—— Gates
19 Eric C. Price [16] Navy2008–2013/20142012–2013/2014— Gates
20 Cheryl H. Thompson [13] Air Force2008–2011—— Gates
21 John B. Hoffman [13] Army2010–2011—— Gates
22 Martin L. Sims [15] Army2010–2012/2013—— Gates
23 Theresa A. Gallagher [16] Army2010–2013/2014—— Gates
24 Joseph R. Perlak [16] Marine Corps2010–2012/2013—— Gates
25 Ronald A. Gregory [16] Air Force2011–2013/2014—— Gates
26 William E. Orr Jr. [14] Air Force2011–2011/2012—— Gates
27 J. Bradley Roan [16] Air Force2012–2013/2014—— Panetta
28 Jan E. Aldykiewicz [16] Army2012–2013/2014—— Panetta
29 Eric Krauss [17] Army2012–20152014–2015— Panetta
30 Mary E. Harney [16] Air Force2012–2013/2014—— Panetta
31 Moira Modzelewski Navy2012–2013/2014—— Panetta
32 R. Quincy Ward [18] Marine Corps2012–2014—— Panetta
33 Scott Silliman Civilian2012–2023—2014–2023 Obama
35 Jeremy S. Weber [17] Air Force2014–2015—— Hagel
36 Kurt J. Brubaker [19] Marine Corps2014–2016—— Hagel
37 Thomas D. Cook [20] Army2014–2016—— Hagel
38 Mark Tellitocci [17] Army2014–2015—— Hagel
39 Donald C. King [19] Navy2014–2016—— Hagel, Obama
40 Martin T. Mitchell [19] Air Force2014–2016—— Hagel, Obama
41 Mark L. Allred [19] Air Force2014–2016—— Hagel
42 Paulette V. Burton [21] Army2015–20222017–2022— Carter, Obama
43 Larss G. Celtnieks [22] Army2015–2018—— Carter, Obama
44 James W. Herring Jr. [22] Army2015–2018—— Carter, Obama
45 Frank D. Hutchison [23] Navy2018–2019—— Trump
46 Marcus N. Fulton [23] Navy2018–2019—— Trump
47 Jan E. Aldykiewicz [21] Army2019–2022—— Trump
48 Michael A. Lewis [21] Air Force2019–2022—— Trump
49 Tom Posch [24] Air Force2019–2023—— Trump
50 Angela Tang [25] Navy2019–2021—— Trump
51 Paula Schasberger [25] Army2019–2021—— Trump
53 James E. Key III [24] Air Force2021–2023—— Trump
54 John J. Stephens [24] Marine Corps2021–2023—— Trump

Julie Huygen (2019) and Luis O. Rodriguez (2020) were also confirmed by the Senate as judges of USCMCR, but did apparently not assume their positions. [26] [27]

Swearing in judges on the Court of Military Commission Review. John Rolph swears in Paul P. Holden Jr., Dawn Scholz, Steven Walburn, Amy Bechtold, Steven Thompson, Lisa M. Schenck, and Eric E. Geiser. Swearing in the Court of Military Commission Review.jpg
Swearing in judges on the Court of Military Commission Review. John Rolph swears in Paul P. Holden Jr., Dawn Scholz, Steven Walburn, Amy Bechtold, Steven Thompson, Lisa M. Schenck, and Eric E. Geiser.

United States v. Mohammed Jawad

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. [28] 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. [29]

Suspension

On January 22, 2009, President Obama issued Executive Order 13492 ordering the closure of the Guantanamo Bay detention camps, within one year. [30] That order temporarily suspended all proceedings before the Court of Military Commission Review. Congress later blocked the closure of the camp.

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. [31] [32] 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. [33] Following that, the CMCR determined to proceed with the case en banc and held a hearing on March 16, 2011. [34] The CMCR issued an opinion on September 9, 2011, that upheld al Bahlul's conviction. [35]

Salim Hamdan's appeal

Attorneys working on behalf of Salim Hamdan have appealed his conviction, and oral arguments were heard on January 26, 2010. [33] Hamdan has already finished serving his sentence.

Replacement proposal

Carol Rosenberg, writing in the Miami Herald , reported that the Obama administration had proposed a change in where appeals of the rulings and verdicts of military commissions would be heard. [31] The proposed changes would have had them first heard by the United States Court of Appeals for the Armed Forces, which Rosenberg noted was an experienced, respected 58-year-old institution. Under the current rules of the court, there is no appeal to rulings of the Court of Military Commission Review; under the proposed changes, appeals could ultimately have been taken to the United States Supreme Court.

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References

  1. 1 2 Matt Apuzzo (August 22, 2007). "Growing Pains for Terror Appeals Court". Washington Post. Retrieved August 22, 2007.[ dead link ]
  2. 1 2 3 Jason Jones. "Navy Judges Lend Expertise to the Court of Military Commission Review" (PDF). Archived from the original (PDF) on November 2, 2008. Retrieved September 11, 2008.
  3. ↑ "Military Commission Review Panel Takes Oath of Office". Department of Defense. September 22, 2004. Archived from the original on October 23, 2008. Retrieved November 2, 2008.{{cite news}}: CS1 maint: bot: original URL status unknown (link)
  4. ↑ "Q&A: Guantanamo detentions". BBC News. January 22, 2009. Retrieved May 30, 2009.
  5. ↑ Apuzzo, Matt. "Growing Pains for Terror Appeals Court". The Oklahoman. The Oklahoman. Retrieved November 5, 2024.
  6. ↑ Sergeant (June 4, 2007). "Charges Dismissed Against Canadian at Guantanamo". Department of Defense . Retrieved June 7, 2007.
  7. ↑ Sergeant (June 4, 2007). "Judge Dismisses Charges Against Second Guantanamo Detainee". Department of Defense . Retrieved June 7, 2007.
  8. ↑ Matt Apuzzo (August 24, 2007). "White House Defends US Terror Tribunals". Washington Post. Retrieved May 30, 2009.
  9. ↑ "A new court for Gitmo". Court Artist. August 25, 2007. Archived from the original on October 29, 2007.
  10. ↑ "Factsheet: Military Commissions". Center for Constitutional Rights. Archived from the original on May 27, 2009.
  11. ↑ "U.S. Court of Military Commission Review (USCMCR) History". U.S. Court of Military Commission Review. Archived from the original on September 20, 2022. Retrieved September 17, 2022.
  12. 1 2 3 4 5 6 7 8 9 "Action Memo" (PDF). Department of Defense. May 4, 2007.
  13. 1 2 3 "Judges U.S. Court of Military Commission Review" (PDF). U.S. Court of Military Commission Review. March 1, 2011. Archived from the original (PDF) on December 22, 2016. Retrieved September 17, 2022.
  14. 1 2 "Judges U.S. Court of Military Commission Review" (PDF). U.S. Court of Military Commission Review. October 11, 2011.
  15. 1 2 "Judges U.S. Court of Military Commission Review" (PDF). U.S. Court of Military Commission Review. May 4, 2012.
  16. 1 2 3 4 5 6 7 "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. November 1, 2012. Archived from the original on July 24, 2013.
  17. 1 2 3 "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. February 25, 2015. Archived from the original on February 25, 2015.
  18. ↑ "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. October 20, 2014. Archived from the original on October 20, 2014.
  19. 1 2 3 4 "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. May 27, 2016. Archived from the original on May 27, 2016.
  20. ↑ "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. January 16, 2016. Archived from the original on January 16, 2016.
  21. 1 2 3 "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. January 20, 2022. Archived from the original on January 20, 2022.
  22. 1 2 "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. September 1, 2018. Archived from the original on September 1, 2018.
  23. 1 2 "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. May 6, 2019. Archived from the original on May 6, 2019.
  24. 1 2 3 "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. April 2, 2022. Archived from the original on April 2, 2022.
  25. 1 2 "Judges U.S. Court of Military Commission Review". U.S. Court of Military Commission Review. February 28, 2021. Archived from the original on February 28, 2021.
  26. ↑ "PN500 — Air Force". U.S. Congress. March 28, 2019.
  27. ↑ "PN2166 — Luis O. Rodriguez — Army". U.S. Congress. September 30, 2020.
  28. ↑ "U.S. court hears arguments over young detainee's confession". CBC News. January 13, 2009. Retrieved May 30, 2009.
  29. ↑ "UNITED STATES COURT OF MILITARY COMMISSION REVIEW Before F. Williams, D. Francis, and D. O'Toole" (PDF). United States Department of Justice. February 9, 2009. Archived from the original (PDF) on April 4, 2009.
  30. ↑ "EXECUTIVE ORDER – REVIEW AND DISPOSITION OF INDIVIDUALS DETAINED AT THE GUANTÁNAMO BAY NAVAL BASE AND CLOSURE OF DETENTION FACILITIES". The White House. January 22, 2009. Archived from the original on January 30, 2009. Retrieved May 30, 2009.
  31. 1 2 Carol Rosenberg (September 2, 2009). "Bin Laden aide's Gitmo conviction appealed". Miami Herald. Archived from the original on September 2, 2009.
  32. ↑ Michel Paradis; Todd E. Pierce; Katherine Doxakis; Scott Medlyn (September 1, 2009). "Brief on behalf of appellant: CMCR Case no. 09-001" (PDF). Department of Defense. Archived from the original (PDF) on November 3, 2010.
  33. 1 2 "US Military Panel Hears 1st Guantanamo Appeal". Voice of America. January 26, 2010. Retrieved January 26, 2010.
  34. ↑ "Summary of Arguments in the Government's Briefs in al-Bahlul and Hamdan". Lawfare. March 16, 2011. Archived from the original on April 23, 2012. Retrieved October 21, 2011.
  35. ↑ "Panel upholds Al Qaida filmmaker's life sentence". Miami Herald. September 10, 2011. Retrieved October 21, 2011.
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