Military Appeals Court Rejects Challenge to MCA Procedures

The U.S. Court of Military Commission Review, created by last year’s Military Commissions Act of 2006, has issued a ruling reversing a lower military commission judge who refused to assert jurisdiction over Gitmo detainees charged by the U.S. I don’t have any time right now to analyze this, but here is the decision, United States v. Khadr, hot off the presses:

The military judge’s ruling he lacked authority to hear evidence on, and ultimately decide, the matter of Mr. Khadr’s “unlawful enemy combatant status” under the provisions of the M.C.A. is reversed. The record of trial is returned to the military judge, who shall, consistent with this opinion, conduct all proceedings necessary to determine the military commission’s jurisdiction over Mr. Khadr.