10 U.S.C. § 950f: Review by United States…

Summary

Creates a court to review decisions from military commissions. The court has one or more panels, and each panel must have at least three judges. It can sit in smaller panels or all together under rules set by the Secretary of Defense. Judges come from two places: the Secretary of Defense can assign appellate military judges who are commissioned officers and meet military judge rules, and the President can appoint civilian judges with Senate approval. Appointed judges are treated like special government employees and are federal employees only while they act as judges. Military judges serve until they leave active duty or are moved to other work. Civilian judges serve for 10 years. Judges cannot hear cases where they were previously involved. The President or the Secretary of Defense can remove judges after notice and a hearing for neglect, misconduct, or disability. The court reviews records of cases sent to it and can only act on the findings and sentence approved by the convening authority. It may uphold parts it finds correct, weigh evidence, and judge witness credibility, but must respect that the commission saw the witnesses. If the court throws out findings or the sentence, it can order a new trial unless the record lacks enough evidence; if it does not order a new trial, the charges must be dismissed.

Title 10, §950f

Armed Forces, Source: USLM XML via OLRC

(a)Establishment.—

There is a court of record to be known as the “United States Court of Military Commission Review” (in this section referred to as the “Court”). The Court shall consist of one or more panels, each composed of not less than three judges on the Court. For the purpose of reviewing decisions of military commissions under this chapter, the Court may sit in panels or as a whole, in accordance with rules prescribed by the Secretary of Defense.

(b)Judges.—

(1)Judges on the Court shall be assigned or appointed in a manner consistent with the provisions of this subsection.

(2)The Secretary of Defense may assign persons who are appellate military judges to be judges on the Court. Any judge so assigned shall be a commissioned officer of the armed forces, and shall meet the qualifications for military judges prescribed by section 948j(b) of this title.

(3)The President may appoint, by and with the advice and consent of the Senate, additional judges to the United States Court of Military Commission Review.

(4)No person may serve as a judge on the Court in any case in which that person acted as a military judge, counsel, or reviewing official.

(5)(A)For purposes of section 203, 205, 207, 208, and 209 of title 18, the term “special Government employee” shall include a judge of the Court appointed under paragraph (3).

(B)A person appointed as a judge of the Court under paragraph (3) shall be considered to be an officer or employee of the United States with respect to such person’s status as a judge, but only during periods in which such person is performing the duties of such a judge. Any provision of law that prohibits or limits the political or business activities of an employee of the United States shall only apply to such a judge during such periods.

(6)(A)The term of an appellate military judge assigned or appointed to the Court under this subsection shall expire on the earlier of the date on which—

(i)the judge leaves active duty; or

(ii)the judge is reassigned to other duties in accordance with section 949b(b)(4) of this title.

(B)The term of a civilian judge of the Court appointed under paragraph (3) shall expire on the date that is 10 years after the date on which the judge was appointed.

(7)Judges of the Court may be removed from office by the President (in the case of a judge appointed under paragraph (3)) or the Secretary of Defense (in the case of an appellate military judge assigned under paragraph (2)) upon notice and hearing, for—

(A)neglect of duty;

(B)misconduct; or

(C)mental or physical disability.

(c)Cases To Be Reviewed.—

The Court shall, in accordance with procedures prescribed under regulations of the Secretary, review the record in each case that is referred to the Court by the convening authority under section 950c of this title with respect to any matter properly raised by the accused.

(d)Standard and Scope of Review.—

In a case reviewed by the Court under this section, the Court may act only with respect to the findings and sentence as approved by the convening authority. The Court may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the Court may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the military commission saw and heard the witnesses.

(e)Rehearings.—

If the Court sets aside the findings or sentence, the Court may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the Court sets aside the findings or sentence and does not order a rehearing, the Court shall order that the charges be dismissed.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 950f, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2621; amended Pub. L. 110–181, div. A, title X, § 1063(a)(6), Jan. 28, 2008, 122 Stat. 322, related to review by Court of Military Commission Review, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2024—Subsec. (b)(6). Pub. L. 118–159, § 567(a)(1), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and realigned margins; substituted “The term of an appellate military judge assigned or appointed to the Court under this subsection” for “The term of an appellate military judge assigned to the Court under paragraph (2) or appointed to the Court under paragraph (3)”; and added subpar. (B). Subsec. (b)(7). Pub. L. 118–159, § 567(a)(2), added par. (7). 2018—Subsec. (b)(6). Pub. L. 115–232 added par. (6). 2017—Subsec. (b)(5). Pub. L. 115–91 added par. (5). 2011—Subsec. (a). Pub. L. 112–81 substituted “judges on the Court” for “appellate military judges” in second sentence.

Statutory Notes and Related Subsidiaries

Effective Date

of 2024 Amendment Pub. L. 118–159, div. A, title V, § 567(b), Dec. 23, 2024, 138 Stat. 1905, provided that: “(1) In general.—The

Amendments

made by subsection (a) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2024]. “(2) Applicability to existing civilian judges.—The term of any civilian judge of the United States Court of Military Commission Review who will have served as such a judge for a period of 10 or more years as of the

Effective Date

described in paragraph (1) shall expire on such

Effective Date

.”

Effective Date

of 2018 Amendment Pub. L. 115–232, div. A, title V, § 541(b), Aug. 13, 2018, 132 Stat. 1762, provided that: “The amendment made by subsection (a) [amending this section] shall apply to each judge of the United States Court of Military Commission Review serving on that court on the date of the enactment of this Act [Aug. 13, 2018] and each judge assigned or appointed to that court on or after such date.”

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

Summary

Title 10, §950f

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Effective Date

Citations & Metadata