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Summary: 717 F. Supp. In this appeal by the Government (hereinafter Appellant) we are called upon to interpret for the first time the jurisdictional provisions contained in the Military Commissions Act of 2006 (hereinafter M.C.A.)[2] as they relate to the trial by military commission of a Canadian citizen, Omar Ahmed Khadr, Appellee (hereinafter Mr. Khadr). The military judge's ruling was based upon his sua sponte determination that the military commission lacked personal jurisdiction over Mr. Khadr. The......read more.


Summary: 717 F. Supp. On August 7, 2007, Appellee filed a Motion to Dismiss all or a portion of the government's appeal because: (1) the appeal was not timely filed with this Court; and (2) the Court's Rules of Practice were not properly promulgated and therefore did not exist when the appeal was filed. On June 8, 2007, the prosecution filed a motion with the military judge, asking that he reconsider his June 4, 2007 ruling. The motion inferred a prosecution belief that the time within which to file a go......read more.


Summary: 717 F. Supp. On May 8, 2007, Deputy Secretary of Defense Gordon England appointed Captain John Rolph, Chief Judge of the Navy-Marine Corps Court of Criminal Appeals, and fifteen other active duty appellate judges from the various Armed Services to serve as judges on the Court of Military Commission Review. *1213 On June 15, 2007, Deputy Secretary of Defense England created the position of Deputy Chief Judge of the United States Court of Military Commission Review, "to provide continuity of opera......read more.


Summary: 753 F. Supp. OPINION OF THE COURT AND ACTION ON APPEAL BY THE UNITED STATES FILED PURSUANT TO 10 U.S.C. § 950d FRANCIS, Deputy Chief Judge: This case is before us on an interlocutory appeal by the Government [hereinafter Appellant], pursuant to 10 U.S.C. § 950d. See United States v. Khadr, 717 F. Supp. 2d 527 (1964) (holding that "a rehearing petition, at least when filed within the original period of review, may also extend the time for filing a petition for certiorari . . . ." (emphasis added)......read more.


Summary: 820 F. Supp. 2d 1141 (2011) UNITED STATES of America v. Ali Hamza Ahmad Suliman AL BAHLUL. United States Court of Military Commission Review. *1152 Colonel Peter E. Brownback, III, JA, U.S. Army was the military commission judge through arraignment, and Colonel *1153 Ronald A. Gregory, U.S. Air Force, was the military commission judge for trial. With him on briefs were Captain John F. Murphy, JAGC, U.S. Navy and Francis A. Gilligan. Briefs of amici curiae urging reversal were filed for Robert Da......read more.


Summary: 807 F. Supp. On September 16, 2010, the Court received Appellant's motion to disqualify Judge O'Toole and Judge Thompson from sitting as appellate judges in the case of United States v. al Bahlul. On September 16, 2010, Appellant filed a motion seeking to disqualify Acting Chief Judge Daniel E. O'Toole from participating in this appeal because he is not presently serving on his Service Court of Criminal Appeals as Appellant asserts is required by the Military Commissions Act of 2009, and the Reg......read more.


Summary: 801 F. Supp. 2d 1247 (2011) UNITED STATES of America v. Salim Ahmed HAMDAN. United States Court of Military Commission Review. With him on the briefs were Captain John F. Murphy, JAGC, U.S. Navy and Captain Edward S. White, JAGC, U.S. Navy. Briefs of amici curiae urging reversal were filed for the National Institute of Military Justice by Marc A. Goldman and Michelle M. Lindo McCluer; for Professor Dr. Terry D. Gill and Dr. Gentian Zyberi by Michael R. Doyen, Gregory D. Phillips, and David C. La......read more.