updated Tue. November 15, 2022
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WKMG News 6 & ClickOrlando
February 12, 2018
As a result of the Supreme Court's request, Congress passed the Military Commissions Act of 2006, which gave war criminals the right to habeas corpus so they could legally challenge the charges against them. About two weeks after that legal victory in Hamdan v. Rumsfeld , Swift learned that he did notÃÂ ...
Newsweek
February 8, 2018
Congress next clarified in the Military Commissions Act of 2006 that it really meant to strip courts of the authority to grant habeas petitions on behalf of foreign Gitmo detainees—even petitions already pending in court—but the Supreme Court once again stepped in, holding in Boumediene v. Bush that theÃÂ ...
Truth-Out
February 5, 2018
A new category of "unlawful enemy combatant" was created, pursuant to the 2006 Military Commissions Act, which referred to "an individual engaged in hostilities against the United States who is not a lawful enemy combatant." The term "hostilities" was never defined, and could have, in principle, includedÃÂ ...
The Hill
February 1, 2018
Bush The Supreme Court held that detainees have a right to a writ of habeas corpus and that the Military Commissions Act of 2006 was an unconstitutional suspension of that right. Justice Kennedy wrote: “The laws and Constitution are designed to survive, and remain in force, in extraordinary times. LibertyÃÂ ...
Lawfare (blog)
January 31, 2018
In response, Spath reiterated his previous ruling that the Military Commissions Act of 2009 provides for the defendant to have learned counsel only “to the extent practicable,” and that the voluntary absence of learned counsel cannot derail the proceedings. Spath further asserted that the defense, in failing toÃÂ ...
Truth-Out
January 27, 2018
The 2009 Military Commissions Act (MCA) gives the commission system jurisdiction over any "alien unprivileged enemy belligerent." This means a non-US citizen who "(A) has engaged in hostilities against the United States or its coalition partners; (B) has purposefully and materially supported hostilitiesÃÂ ...
Lawfare (blog)
November 8, 2017
Although it might be widely assumed that the Guantanamo tribunals should enjoy similar core authority to that inherent in other U.S. courts—including the power to punish for contempt—the reality is that their authority is limited by their governing statute, the Military Commissions Act of 2009 (MCA).
Lawfare (blog)
November 7, 2017
Specifically, Baker makes four allegations: (1) Spath deprived Baker of due process by expressly denying him the opportunity to be heard before finding him in contempt and depriving him of his liberty; (2) a judge in a commission case convened under the Military Commissions Act has no unilateral powerÃÂ ...
Lawfare (blog)
October 3, 2017
The Military Commissions Act (MCA) provides for two ways someone can become a judge on the CMCR: (i) The secretary of defense may “assign persons who are appellate military judges to be judges” on the CMCR, or (ii) The president may “appoint, by and with the advice and consent of the Senate,ÃÂ ...
Lawfare (blog)
November 29, 2017
... so by a tribunal, and on language in the Military Commissions Act suggesting only a more limited requirement of capitally qualified counsel.
Just Security
November 14, 2017
... commissions at Guantanamo, because the Military Commissions Act under which the tribunals are constituted does not apply to citizens.
Lawfare (blog)
November 8, 2017
... to punish for contempt—the reality is that their authority is limited by their governing statute, the Military Commissions Act of 2009 (MCA).
Lawfare (blog)
November 7, 2017
Next, the chief defense counsel argues that his confinement violates a clear federal statute—the Military Commissions Act—which does not ...
JURIST
November 6, 2017
... chief defense counsel, argues that his conviction is invalid due to a lack of authority under the Military Commissions Act of 2009 [text, PDF].
Patheos (blog)
November 3, 2017
The problem is Obama's 2009 Military Commissions Act, which gives unlawful combatant detainees accused of war crimes virtually the SAMEÂ ...
Lawfare (blog)
November 2, 2017
... and therefore fell within the scope of contemptuous activity under both the Manual for Courts-Martial and the Military Commissions Act. Spath ...
PanAm Post
October 23, 2017
None of Trump's actions yet rival the odiousness of the Military Commissions Act of 2006, which retroactively legalized torture and gutted ...
Lawfare (blog)
October 3, 2017
The Military Commissions Act (MCA) provides for two ways someone can become a judge on the CMCR: (i) The secretary of defense may ...
Lawfare (blog)
October 3, 2017
The Military Commissions Act (MCA) provides for two ways someone can become a judge on the CMCR: (i) The secretary of defense may ...
Aljazeera.com
September 22, 2017
Adding to these concerning political developments, the Detainee Treatment Act and the Military Commissions Act provide broad civil and ...
Lawfare (blog)
September 22, 2017
The three petitions on the Supreme Court's docket for Monday's Long Conference have their origins in the Military Commissions Act of 2006, ...
Anglican Journal
September 19, 2017
Zinck, however, considers the trial to have been a violation of the rule of law, as the Military Commissions Act under which Khadr was charged ...
Human Rights First (blog)
May 30, 2017
In response, Prosecutor Clay Trivett argued that the Military Commissions Act of 2009 gave the commission jurisdiction over the case, noting ...
Lawfare (blog)
April 29, 2017
Newly appointed defense counsel Adam Thurschwell argues that in passing the 2006 Military Commissions Act (MCA), Congress did not ...
Lawfare (blog)
March 27, 2017
Finally, the Military Commissions Act, which bars causes of action under the Geneva Convention, should be properly understood to prohibit ...
Law Street Media
September 6, 2017
Khadr was charged under the Military Commissions Act of 2006 and is the only Guantanamo captive so far charged with killing a U.S. soldier.
The National Law Journal (registration)
August 23, 2017
There is no such explicit authority in the Military Commissions Act for the officers that heard their appeals to also sit on the CMCR, theÃÂ ...
Miami Herald
August 12, 2017
The Obama administration set up the viewing rooms around the United States after revamping the Military Commissions Act in 2009 to makeÃÂ ...
Miami Herald
August 4, 2017
Judge Vance Spath, an Air Force colonel, read aloud from a section of the Military Commissions Act of 2009 that legislated, “No statementÃÂ ...
MWC News
August 2, 2017
When the Military Commissions Act of 2006 was signed in, new charges of Murder in Violation of the Law of War, Attempted Murder in ViolationÃÂ ...
Lawfare (blog)
July 31, 2017
... even though the Military Commissions Act itself appears to require charged offenses to take place during a “conflict subject to the laws of war.
Lawfare (blog)
July 24, 2017
Under the Military Commissions Act of 2009 (MCA), those charged by military commission have almost all of the same procedural rights asÃÂ ...
CBC.ca
July 21, 2017
In 2006, then president George W. Bush signed into law the Military Commissions Act, a legal forum to try those deemed as "unlawful enemyÃÂ ...
Newsweek
June 1, 2017
Congress responded by doing exactly that, providing such authorization through a statute—the Military Commissions Act —that expresslyÃÂ ...
Just Security
May 31, 2017
Congress responded by doing exactly that, providing such authorization through a statute—the Military Commissions Act—that expresslyÃÂ ...
Human Rights First (blog)
May 30, 2017
In response, Prosecutor Clay Trivett argued that the Military Commissions Act of 2009 gave the commission jurisdiction over the case, notingÃÂ ...
Lawfare (blog)
April 29, 2017
Newly appointed defense counsel Adam Thurschwell argues that in passing the 2006 Military Commissions Act (MCA), Congress did notÃÂ ...
Miami Herald
April 21, 2017
They get the lawyers and the appeal, the general said, because the Military Commissions Act of 2009 gives every convict an automatic appealÃÂ ...
Lawfare (blog)
March 27, 2017
Finally, the Military Commissions Act, which bars causes of action under the Geneva Convention, should be properly understood to prohibitÃÂ ...
Lawfare (blog)
March 24, 2017
Congress passed the Military Commissions Act to lay out constitutionally sufficient process for the commissions. 10 U.S.C. ç 949j explicitlyà...
Lawfare (blog)
April 21, 2016
Yesterday, the Miami Herald reported that the Pentagon sent proposed amendments to the Military Commissions Act to Congress. The Herald'sÃÂ ...
Lawfare (blog)
March 24, 2017
And this is a constitutional problem as well as statutory. Congress passed the Military Commissions Act to lay out constitutionally sufficient process for the commissions.
Just Security
March 16, 2017
The Detainee Treatment Act of 2005 & the Military Commissions Act of 2006: Judge Gorsuch also appears to have played an active role in advising the Senators that authored the Detainee Treatment Act of 2005, which stripped Guantanamo detainees of theirÃÂ ...
New York Times
March 15, 2017
Judge Neil M. Gorsuch spent 14 months as a key Justice Department official during the Bush administration, and dealt with matters related to the war on terror.
Lawfare (blog)
March 13, 2017
For the defense, Navy Lt. Commander Jennifer Pollio for the defense reiterates that Rule 304 cannot "outweigh and cancel out the protections that Congress created in the" Military Commissions Act. Judge Spath asks Pollio why she could not just argue ...
ACLU (blog)
March 9, 2017
It repeatedly rejected the psychologists' attempts to dismiss the case, affirming that our clients' torture claims were neither barred as "political questions" nor blocked by the Military Commissions Act, despite the defendants' claims to the contrary ...
The Hill (blog)
February 10, 2017
But the continued court battles, which could take months if not years, do not serve the nation's national security. By not issuing a new more limited order the replaces the flawed one, the President is undermining his legal argument that there is ...
Los Angeles Times
February 8, 2017
The military's oversight, Smith maintained, effectively made the psychologists agents of the government who were protected from lawsuits under the color of law by the Military Commissions Act. "Every action taken by our clients," Smith said on the ...
Scoop.co.nz
February 7, 2017
... you are from San Francisco and do have the voting record of a terrorist-loving America-hating liberal radical, can you assure us that you will never ever pusure impeachment, for example around the sort of issues addressed by the Military ...
Lawfare (blog)
February 3, 2017
Judge Justin Quackenbush, a senior judge in the Eastern District of Washington, held that the plaintiffs' suit is not barred by the Military Commissions Act (MCA), a statute that divests courts of jurisdiction to hear claims relating to the detention ...
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