Learn from the mistakes of others

Hamdan v. Rumsfeld, et al., US Court of Appeals for the District of Columbia Circuit, July 15, 2005 [ruling that Guantanamo detainees may be tried by military commissions]. Excerpt:

Hamdan claims that AR 190-8 entitles him to have a “competent tribunal” determine his status. But we believe the military commission is such a tribunal. The regulations specify that such a “competent tribunal” shall be composed of three commissioned officers, one of whom must be field-grade. AR 190-8 § 1.6(c). A field-grade officer is an officer above the rank of captain and below the rank of brigadier general -- a major, a lieutenant colonel, or a colonel. The President’s order requires military commissions to be composed of between three and seven commissioned officers. 32 C.F.R. § 9.4(a)(2), (3). The commission before which Hamdan is to be tried consists of three colonels.

Read the full text of the opinion here [PDF]. Reported in JURIST’s Paper Chase here.

Monday, July 18, 2005

Military commissions resumption statement [US DOD]
8:59 PM ET

Press statement on resumption of military commissions, US Department of Defense, July 18, 2005 [indicating that commission proceedings will resume following the July 15 US DC Circuit Court of Appeal ruling in Hamdan v. Rumsfeld]. Excerpt:

The Office of Military Commissions intends to take the following additional actions this week:

Move forward with commission proceedings against Yemeni detainee Ali Hamza Ahmad Sulayman al Bahlul and Sudanese detainee Ibrahim Ahmed Mahmoud al Qosi. Each of these detainees is charged with conspiracy to commit attacks on civilians and civilian objects, murder and destruction of property by an unprivileged belligerent, and terrorism. The Appointing Authority, John Altenburg, is expected to appoint new commission members for these cases this week.

Continue to prepare charges against eight other individuals. The President has already determined that there is reason to believe these individuals have committed offenses subject to military commission jurisdiction. A Presidential "reason to believe" determination is necessary before commission authorities can refer charges against the accused.

Continue preparing "reason to believe" recommendations to the President regarding additional individuals held at Guantanamo Bay.

Although no judicial stays exist in these cases, Hicks and al Qosi have habeas corpus cases pending in the U.S. District Court for the District of Columbia. The Department of Justice intends to notify that court soon that the appointing authority intends to reconvene commission proceedings against Hicks and al Qosi.

Read the full text of the statement. Reported in JURIST's Paper Chase here.