United States Court of Military Commission Review
(C.M.C.R.)
LocationWashington, D.C.
Appeals toDistrict of Columbia Circuit
Appeals from
Established2006
AuthorityArticle I tribunal
Created byMilitary Commissions Act of 2006
10 U.S.C. § 950f
Composition methodPresidential nomination
with Senate advice and consent
(or commissioned officers serving as military judges)
Chief JudgeLisa M. Schenck
www.mc.mil
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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][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]

Judges

Swearing in judges on the Court of Military Commission Review.[2] John Rolph swears in Paul P. Holden Jr., Dawn Scholz, Steven Walburn, Amy Bechtold, Steven Thompson, Lisa M. Schenck, and Eric E. Geiser.

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.[10]

# Judge Military
branch		 Term of service Appointed by
Active Chief Deputy chief
1 Griffin Bell Civilian 2004–2007 2004–2007 — Rumsfeld
2 Edward G. Biester Jr. Civilian 2004–2007 — — Rumsfeld
3 William Thaddeus Coleman Jr. Civilian 2004–2009 — — Rumsfeld
4 Frank J. Williams Civilian 2004–2009 2007–2009 — Rumsfeld
5 Amy Bechtold[11] Air Force 2007–? — — Gates
6 John Feltham[11] Marine Corps 2007–? — — Gates
7 David R. Francis[11] Air Force 2007–? — — Gates
8 Eric E. Geiser[11] Navy 2007–? — — Gates
9 Paul P. Holden Jr.[11] Army 2007–? — — Gates
10 Daniel E. O'Toole[12] Navy 2007–2011 2009–2011 — Gates
11 John Rolph Navy 2007–2008 — 2007–2008 Gates
12 Lisa M. Schenck Army 2007–2008 — — Gates
13 Dawn Scholz[11] Air Force 2007–? — — Gates
14 Annamary Sullivan[11] Army 2007–? — — Gates
15 Steven Thompson[11] Air Force 2007–? — — Gates
16 Steven Walburn[11] Army 2007–? — — Gates
17 Barbara G. Brand[13] Air Force 2008–2011 — — Gates
18 David Conn[14] Army 2008–2012/2013 — — Gates
19 Eric C. Price[15] Navy 2008–2013/2014 2012–2013/2014 — Gates
20 Cheryl H. Thompson[12] Air Force 2008–2011 — — Gates
21 John B. Hoffman[12] Army 2010–2011 — — Gates
22 Martin L. Sims[14] Army 2010–2012/2013 — — Gates
23 Theresa A. Gallagher[15] Army 2010–2013/2014 — — Gates
24 Joseph R. Perlak[15] Marine Corps 2010–2012/2013 — — Gates
25 Ronald A. Gregory[15] Air Force 2011–2013/2014 — — Gates
26 William E. Orr Jr.[13] Air Force 2011–2011/2012 — — Gates
27 J. Bradley Roan[15] Air Force 2012–2013/2014 — — Panetta
28 Jan E. Aldykiewicz[15] Army 2012–2013/2014 — — Panetta
29 Eric Krauss[16] Army 2012–2015 2014–2015 — Panetta
30 Mary E. Harney[15] Air Force 2012–2013/2014 — — Panetta
31 Moira Modzelewski Navy 2012–2013/2014 — — Panetta
32 R. Quincy Ward[17] Marine Corps 2012–2014 — — Panetta
33 Scott Silliman Civilian 2012–present — 2014–present Obama
34 William B. Pollard III Civilian 2012–present — — Obama
35 Jeremy S. Weber[16] Air Force 2014–2015 — — Hagel
36 Kurt J. Brubaker[18] Marine Corps 2014–2016 — — Hagel
37 Thomas D. Cook[19] Army 2014–2016 — — Hagel
38 Mark Tellitocci[16] Army 2014–2015 — — Hagel
39 Donald C. King[18] Navy 2014–2016 — — Hagel, Obama
40 Martin T. Mitchell[18] Air Force 2014–2016 — — Hagel, Obama
41 Mark L. Allred[18] Air Force 2014–2016 — — Hagel
42 Paulette V. Burton[20] Army 2015–2022 2017–2022 — Carter, Obama
43 Larss G. Celtnieks[21] Army 2015–2018 — — Carter, Obama
44 James W. Herring Jr.[21] Army 2015–2018 — — Carter, Obama
45 Frank D. Hutchison[22] Navy 2018–2019 — — Trump
46 Marcus N. Fulton[22] Navy 2018–2019 — — Trump
47 Jan E. Aldykiewicz[20] Army 2019–2022 — — Trump
48 Michael A. Lewis[20] Air Force 2019–2022 — — Trump
49 Tom Posch[23] Air Force 2019–present — — Trump
50 Angela Tang[24] Navy 2019–2021 — — Trump
51 Paula Schasberger[24] Army 2019–2021 — — Trump
52 Lisa M. Schenck Civilian 2019–present 2022–present — Trump
53 James E. Key III[23] Air Force 2021–present — — Trump
54 John J. Stephens[23] Marine Corps 2021–present — — Trump

Julie Huygen (2019) and Luis O. Rodriguez (2020) have also been confirmed by the Senate as judges of USCMCR, but have not assumed their positions.[25][26]

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.[27] 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.[28]

Suspension

On January 22, 2009, President Obama issued Executive Order 13492 ordering the closure of the Guantanamo Bay detention camps, within one year.[29] 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.[30][31] 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.[32] Following that, the CMCR determined to proceed with the case en banc and held a hearing on March 16, 2011.[33] The CMCR issued an opinion on September 9, 2011, that upheld al Bahlul's conviction.[34]

Salim Hamdan's appeal

Attorneys working on behalf of Salim Hamdan have appealed his conviction, and oral arguments were heard on January 26, 2010.[32] 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.[30] 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.

References

  1. 1 2 Matt Apuzzo (August 22, 2007). "Growing Pains for Terror Appeals Court". Washington Post. Retrieved August 22, 2007.
  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. ↑ Sergeant (June 4, 2007). "Charges Dismissed Against Canadian at Guantanamo". Department of Defense. Retrieved June 7, 2007.
  6. ↑ Sergeant (June 4, 2007). "Judge Dismisses Charges Against Second Guantanamo Detainee". Department of Defense. Retrieved June 7, 2007.
  7. ↑ Matt Apuzzo (August 24, 2007). "White House Defends US Terror Tribunals". Washington Post. Retrieved May 30, 2009.
  8. ↑ "A new court for Gitmo". Court Artist. August 25, 2007. Archived from the original on October 29, 2007.
  9. ↑ "Factsheet: Military Commissions". Center for Constitutional Rights. Archived from the original on May 27, 2009.
  10. ↑ "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.
  11. 1 2 3 4 5 6 7 8 9 "Action Memo" (PDF). Department of Defense. May 4, 2007.
  12. 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.
  13. 1 2 "Judges U.S. Court of Military Commission Review" (PDF). U.S. Court of Military Commission Review. October 11, 2011.
  14. 1 2 "Judges U.S. Court of Military Commission Review" (PDF). U.S. Court of Military Commission Review. May 4, 2012.
  15. 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.
  16. 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.
  17. ↑ "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.
  18. 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.
  19. ↑ "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.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. ↑ "PN500 — Air Force". U.S. Congress. March 28, 2019.
  26. ↑ "PN2166 — Luis O. Rodriguez — Army". U.S. Congress. September 30, 2020.
  27. ↑ "U.S. court hears arguments over young detainee's confession". CBC News. January 13, 2009. Retrieved May 30, 2009.
  28. ↑ "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.
  29. ↑ "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.
  30. 1 2 Carol Rosenberg (September 2, 2009). "Bin Laden aide's Gitmo conviction appealed". Miami Herald. Archived from the original on September 2, 2009.
  31. ↑ 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.
  32. 1 2 "US Military Panel Hears 1st Guantanamo Appeal". Voice of America. January 26, 2010. Retrieved January 26, 2010.
  33. ↑ "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.
  34. ↑ "Panel upholds Al Qaida filmmaker's life sentence". Miami Herald. September 10, 2011. Retrieved October 21, 2011.
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