Thursday, September 9, 2021

A modest proposal from the Court of Military Commission Review

On September 7, 2021, the U.S. Court of Military Commission Review issued its decision in In re Ali, CMCR 21-002. It merits study on a variety of issues, but one that seems particularly noteworthy is the court's suggestion for Congress (at 22):

We are mindful that some military commission trials have been in litigation for several years, and this unusual circumstance may necessitate an increase in the length of a military assignment until a commission trial is completed. A change to the MCA [Military Commissions Act] establishing tenure for military judges detailed to a military commission trial would protect military judges from orders directing their permanent change of station to a new duty assignment—and premature departure from the military commission case to which they are assigned. Establishing tenure for military commission trial judges will enhance judicial independence, ensure continuity of litigation during a military commission trial, and promote justice.

Better late than never. 

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