In addition to the jurisdiction-stripping provisions described above, the MCA authorized the creation of military commissions with procedures deviating from the traditional rules of the Uniform Code of Military Justice (UCMJ). The Military Commissions Act (MCA) was enacted in direct response to the Supreme Court’s decision. Subsequently, however, Congress passed legislation authorizing military commissions. In response to the habeas petition of a military commission defendant, the Supreme Court ruled in June 2006 that the President overstepped his authority when creating military commissions inconsistent with domestic and international law. The President’s authority to establish military commissions without congressional approval was successfully challenged in Hamdan v. Furthermore, the order allowed for the admission of coerced statements or statements made by absent or undisclosed sources. The order narrowed the scope of procedural protections for military commissions relative to the traditional courts-martial process, sharply limited the avenues for review of commission decisions, and granted discretion to “close” any portion of the proceeding and thereby exclude the accused from access to relevant evidence or the hearing itself. On November 13, 2001, President Bush issued an executive order which purported to establish military commissions to try those captured in the “War on Terror.” Under the order, the President authorized trials by military commission upon a presidential determination that there was “reason to believe” a detainee is or was an Al Qaeda member or engaged in hostilities targeting the United States.
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