The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues

reportActive / Technical Report | Accesssion Number: AD1170139 | Open PDF

Abstract:

The use of military commissions to try suspected terrorists has been the focus of intense debate (as well as significant litigation) since President Bush in November 2001 issued his original Military Order (M.O.) authorizing such trials.1 The M.O. specified that persons subject to it would have no recourse to the U.S. court system to appeal a verdict or obtain any other sort of relief, but the Supreme Court essentially invalidated that provision in its 2004 opinion, Rasul v. Bush.2 In response, Congress enacted the Detainee Treatment Act of 2005 (DTA).3 The DTA did not authorize military commissions, but amended Title 28, U.S. Code to revoke all judicial jurisdiction over habeas claims by persons detained as "enemy combatants," and it created jurisdiction in the Court of Appeals for the District of Columbia Circuit to hear appeals of final decisions of military commissions.

Author(s):
Elsea, Jennifer K.
Author Organization(s):
LIBRARY OF CONGRESS WASHINGTON DC
Funding Organization(s):
LIBRARY OF CONGRESS WASHINGTON DC, WASHINGTON DC , DC
Document Type:
Technical Report/Research Report
Publication Date:
2014 Aug 04
Pagination:
57

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution Code:
A - Approved For Public Release
Distribution Statement: Public Release

RECORD

Collection: TRECMS
Subject Terms
Communities of Interest:
Biomedical
Descriptor(s):
congress, civil rights, national security, terrorists, employment, law, international law, judiciary, military tribunals, personnel management, prisoners of war, supreme court, united states, court martial, department of defense, terrorism, civil war
Keyword(s):
mca(military commissions act), mo(military order), dta(Detainee Treatment Act)
Subject Categories:
Behavioral and Social Sciences; Behavioral and Social Sciences
Creation Date:
2022 May 31
Update Date:
2022 Jun 23