§950f Review by United States Court of Military Commission Review

Summary

Creates a court called the United States Court of Military Commission Review to hear appeals from military commissions. The Court works in panels of at least three judges or sometimes all together. The Secretary of Defense can assign military appellate judges to serve on the Court; the President can appoint additional judges with Senate approval. Judges cannot hear a case if they were already involved in it. Appointed judges count as special government employees while serving. A military judge’s time on the Court ends when they leave active duty or are reassigned. A civilian judge’s term is 10 years. The President (for appointed judges) or the Secretary of Defense (for assigned military judges) can remove a judge after a notice and hearing for neglect of duty, misconduct, or disability. The Court must review the record in each case sent to it by the convening authority for matters the accused properly raised. The Court can only act on the findings and sentence as approved by that convening authority. It may affirm the guilty findings or parts of the sentence it finds correct in law and fact after looking at the whole record, weighing evidence, and judging witness credibility. If the Court throws out the findings or sentence, it can order a new trial unless the records lack enough evidence; if it does not order a new trial, the charges are dismissed.