The Military Commissions Act and Detainee Trials

The use of military commissions to try suspected terrorists has been the focus of intense debate since President Bush issued his original Military Order authorising such trials in November, 2001. The Military Order specified that persons subject to it would have no recourse in 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. In response, Congress enacted the Detainee Treatment Act of 2005 (DTA). This book provides a background and analysis comparing military commissions as envisioned under the revised Military Commissions Act (MCA) to those established by the MCA 2006. After reviewing the history of the implementation of military commissions in the "global war on terrorism", this book provides an overview of the procedural safeguards provided in the MCA.