Guantanamo military commissions ruling [DC Circuit] News
Guantanamo military commissions ruling [DC Circuit]

Hamdan v. Rumsfeld, et al., US Court of Appeals for the District of Columbia Circuit, July 15, 2005 [ruling that Guantanamo detainees may be tried by military commissions]. Excerpt:

Hamdan claims that AR 190-8 entitles him to have a "competent tribunal" determine his status. But we believe the military commission is such a tribunal. The regulations specify that such a "competent tribunal" shall be composed of three commissioned officers, one of whom must be field-grade. AR 190-8 § 1.6(c). A field-grade officer is an officer above the rank of captain and below the rank of brigadier general — a major, a lieutenant colonel, or a colonel. The President's order requires military commissions to be composed of between three and seven commissioned officers. 32 C.F.R. § 9.4(a)(2), (3). The commission before which Hamdan is to be tried consists of three colonels.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.