{
  "id": "R40752",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R40752",
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  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
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      "id": 353885,
      "date": "2009-09-08",
      "retrieved": "2016-04-07T02:18:12.747356",
      "title": "The Military Commissions Act of 2006 (MCA): Background and Proposed Amendments",
      "summary": "On November 13, 2001, President Bush issued a Military Order (M.O.) authorizing trial by military commission of certain non-citizens suspected of participating in the war against terrorism. The Supreme Court struck down military commissions established pursuant to the M.O. as inconsistent with the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. The Department of Defense (DOD) published regulations to govern military commissions pursuant to the MCA. Three prosecutions under those regulations resulted in convictions.\nShortly after taking office, President Obama took action to suspend the operation of military commissions pending a review of all Guantanamo detentions for the purpose of assessing options for the lawful disposition of each detainee. The Detention Policy Task Force set up to conduct the review issued a preliminary report announcing that while federal criminal court would be the preferred forum for trying enemy terrorists who are suspected of having violated U.S. criminal law, military commissions, with significant reforms, would remain an option for prosecuting violations of the law of war. \nThis report provides a background and analysis of military commissions rules under the MCA. After reviewing the history of the implementation of military commissions in the \u201cglobal war on terrorism,\u201d the report provides an overview of the procedural safeguards provided in the MCA. The report identifies pending legislation, including Senate-passed S. 1390, and describes proposals suggested by the Obama Administration. Finally, the report provides two charts comparing the MCA with proposed legislation. The first chart describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart, which compares procedural safeguards under the MCA with those established for courts-martial as well as proposed amendments to the MCA, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, to facilitate comparison with safeguards provided in federal court and international criminal tribunals. For similar charts comparing military commissions as envisioned under the MCA to the rules that had been established by DOD for military commissions and to general military courts-martial conducted under the UCMJ, see CRS Report RL33688, The Military Commissions Act of 2006: Analysis of Procedural Rules and Comparison with Previous DOD Rules and the Uniform Code of Military Justice, by Jennifer K. Elsea.",
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    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc700719/",
      "id": "R40752_2009Aug11",
      "date": "2009-08-11",
      "retrieved": "2015-08-27T16:20:31",
      "title": "The Military Commissions Act of 2006: Background and Proposed Amendments",
      "summary": "This report provides a background and analysis of military commissions rules under the Military Commissions Act of 2006. After reviewing the history of the implementation of military commissions in the \"global war on terrorism,\" the report provides an overview of the procedural safeguards provided in the MCA. The report identifies pending legislation, including Senate-passed S. 1390, and describes proposals suggested by the Obama Administration. Finally, the report provides two charts comparing the MCA with proposed legislation.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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      "topics": [
        {
          "source": "LIV",
          "id": "Congress and military policy",
          "name": "Congress and military policy"
        },
        {
          "source": "LIV",
          "id": "Defense policy",
          "name": "Defense policy"
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  "topics": [
    "Health Policy",
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