Notes of Decisions
Ali Hamza Ahmad al Bahlul v. United States, 792 F.3d 1 (D.C. Cir. 2015).
· cites it 4× “See 10 U.S.C. § 948b(c) (“judicial construction and application” of UCMJ is “instructive” in interpreting 2009 MCA); Sekhar v.”
In re Al-Nashiri, 791 F.3d 71 (D.C. Cir. 2016).
· cites it 2× “The 2006 MCA also directed the Secretary of Defense to establish the CMCR, 120 Stat. at 2621 — an intermediate appellate tribunal for military commissions akin to each military branch’s Court of Criminal Appeals (CCA) for courts martial, see 10 U.”
In Re: Abd Al-Rahim Hussein Al-Nashir, 835 F.3d 110 (D.C. Cir. 2016).
· cites it 2× “He points to the provision of the MCA that eliminates the UCMJ’s speedy trial guarantee, see 10 U.S.C. § 948b(d)(A), and notes that the government’s interlocutory appeals before the CMCR—and, as a result, his trial before the military commission—were stayed for nearly a year…”
Khadr v. United States, 529 F.3d 1112 (D.C. Cir. 2008).
“See 10 U.S.C. § 948b(c)-(d). Congress did not specifically provide for the application of any jurisdictional provisions from the UCMJ to appeals of military commission decisions, but instead required a final judgment, approved by the convening authority, and appealed through the…”
Al-Bihani v. Obama, 619 F.3d 1 (D.C. Cir. 2010).
· cites it 2× “See 10 U.S.C. §§ 948b(a), 949c(b), 949h, 949j, 949s, 950g, 950h.”
In re: Mary E. Spears & Rosa A. Eliades, 921 F.3d 224 (D.C. Cir. 2019).
“" 10 U.S.C. § 948b(a). Borrowing heavily from the procedures governing trial by court-martial, the MCA creates an adversarial system of justice to try unprivileged enemy belligerents, complete with "trial counsel" to "prosecute in the name of the United States," id.”
United States v. Al Bahlul, 820 F. Supp. 2d 1141 (M.C. 2011).
· cites it 2× “" 10 U.S.C. § 948b(a). The 2006 M.C.A. proclaims, "[t]he provisions of this subchapter codify offenses that have traditionally been triable by military commissions.”
Boumediene, Lakhdar v. Bush, George, 476 F.3d 981 (D.C. Cir. 2007).
“at 2602 (codified at 10 U.S.C. § 948b(d)(A)). Once there was “a judgment of conviction rendered by a court of general criminal jurisdiction,” release under the writ was unavailable.”
Abd Al-Nashiri v. Bruce MacDonald, 741 F.3d 1002 (9th Cir. 2013).
· cites it 2× “” Memorandum from Deputy Secretary of Defense Paul Wolfowitz re Order Establishing Combatant Status Review Tribunal § a (July 7, 2004), available at http://www.”
In re: Mustafa Al Hawsawi, 955 F.3d 152 (D.C. Cir. 2020).
“Background Khalid Shaikh Mohammad (Mohammad), Walid Muhammad Salih Mubarak bin ‘Atash (bin ‘Atash) and Mustafa Ahmed Adam al Hawsawi (Hawsawi) are three of the five defendants being tried before a twelve-member United States Military Commission at Guantanamo Bay created pursuant…”
Mohammed Jawad v. Robert Gates, 832 F.3d 364 (D.C. Cir. 2016).
“106-37A (ratified June 18, 2002); Uniform Code of Military Justice, 10 U.S.C. § 948b(c) (2006); and Federal Juvenile Delinquency Act, 18 U.”
— 10 U.S.C. § 948b(a) — 16 cases
Al-Bihani v. Obama, 619 F.3d 1 (D.C. Cir. 2010).
“See 10 U.S.C. §§ 948b(a), 949c(b), 949h, 949j, 949s, 950g, 950h.”
In re: Mary E. Spears & Rosa A. Eliades, 921 F.3d 224 (D.C. Cir. 2019).
“" 10 U.S.C. § 948b(a). Borrowing heavily from the procedures governing trial by court-martial, the MCA creates an adversarial system of justice to try unprivileged enemy belligerents, complete with "trial counsel" to "prosecute in the name of the United States," id.”
United States v. Al Bahlul, 820 F. Supp. 2d 1141 (M.C. 2011).
“" 10 U.S.C. § 948b(a). The 2006 M.C.A. proclaims, "[t]he provisions of this subchapter codify offenses that have traditionally been triable by military commissions.”
— 10 U.S.C. § 948b(b) — 6 cases
In re Al-Nashiri, 791 F.3d 71 (D.C. Cir. 2016).
“The 2006 MCA also directed the Secretary of Defense to establish the CMCR, 120 Stat. at 2621 — an intermediate appellate tribunal for military commissions akin to each military branch’s Court of Criminal Appeals (CCA) for courts martial, see 10 U.”
— 10 U.S.C. § 948b(c) — 12 cases
Khadr v. United States, 529 F.3d 1112 (D.C. Cir. 2008).
“See 10 U.S.C. § 948b(c)-(d). Congress did not specifically provide for the application of any jurisdictional provisions from the UCMJ to appeals of military commission decisions, but instead required a final judgment, approved by the convening authority, and appealed through the…”
In re Al-Nashiri, 791 F.3d 71 (D.C. Cir. 2016).
“The 2006 MCA also directed the Secretary of Defense to establish the CMCR, 120 Stat. at 2621 — an intermediate appellate tribunal for military commissions akin to each military branch’s Court of Criminal Appeals (CCA) for courts martial, see 10 U.”
Mohammed Jawad v. Robert Gates, 832 F.3d 364 (D.C. Cir. 2016).
“106-37A (ratified June 18, 2002); Uniform Code of Military Justice, 10 U.S.C. § 948b(c) (2006); and Federal Juvenile Delinquency Act, 18 U.”
— 10 U.S.C. § 948b(d)(1)(A) — 1 case
— 10 U.S.C. § 948b(d)(A) — 2 cases
In Re: Abd Al-Rahim Hussein Al-Nashir, 835 F.3d 110 (D.C. Cir. 2016).
“He points to the provision of the MCA that eliminates the UCMJ’s speedy trial guarantee, see 10 U.S.C. § 948b(d)(A), and notes that the government’s interlocutory appeals before the CMCR—and, as a result, his trial before the military commission—were stayed for nearly a year…”
Boumediene, Lakhdar v. Bush, George, 476 F.3d 981 (D.C. Cir. 2007).
“at 2602 (codified at 10 U.S.C. § 948b(d)(A)). Once there was “a judgment of conviction rendered by a court of general criminal jurisdiction,” release under the writ was unavailable.”
— 10 U.S.C. § 948b(d)(l)(A) — 1 case
— 10 U.S.C. § 948b(f) — 2 cases
— 10 U.S.C. § 948b(g) — 1 case
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