| Historical Documents, 2001-2013 |
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| The Military Commissions Act of 2006 is the law passed by Congress and signed by President George W. Bush on October 17, 2006, that authorized the President of the United States to establish military commissions. It defined who may be tried by military commission and for what crimes. It laid out basic protections an accused is entitled to and procedures for conducting commissions. The Military Commissions Act of 2009 replaced the MCA of 2006. |
The Military Commissions Trial Judiciary Rules of Court, dated May 5, 2014, which were an update from rules dated April 24, 2013, (amended June 4, 2013) contains instructions for lawyers and accused practicing before military commissions. Additionally on August 29, 2013, the Trial Judiciary made an announcement regarding rule changes and new policies regarding the April 24, 2014 Rules of Court. The first Military Commissions Trial Judiciary Rules of Court were released on November 2, 2007.
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| The Regulation for Trial by Military Commission (2007) is promulgated by the U.S. Secretary of Defense. It identifies policies and procedures for operating military commissions, including the operations of the United States Court of Military Commission Review. |
| The Manual for Military Commissions (2007) was promulgated by the U.S. Secretary of Defense under the MCA. It contained rules of procedure and evidence applicable to trials by military commission. The 2010 Manual replaced the 2007 Manual. |
| Military Order of November 13, 2001, issued by President George W. Bush, established military commissions for trial of certain individuals in connection with the hostilities between the United States and individuals or organizations connected with the terrorist attacks on the United States on September 11, 2001. |
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| Military Commission Orders (MCOs), issued between March 2002 and September 2005 by the Secretary of Defense or the Deputy Secretary of Defense, established a framework and procedures for military commissions. |
MCO No. 1
Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism [superseded by MCO No. 1 of August 31, 2005] 3/21/2002 |
MCO No. 2
Designation of Deputy Secretary of Defense as Appointing Authority [revoked by MCO No. 5] 6/21/2003 |
MCO No. 4
Designation of Deputy Appointing Authority 1/30/2004 |
MCO No. 3
Special Administrative Measures for Certain Communications Subject to Monitoring [superseded by MCO No. 3, September 21, 2005] 2/5/2004 |
MCO No. 5
Designation of Appointing Authority [revokes MCO No. 2] 3/15/2004 |
MCO No. 1 (1st Rev.)
Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism 8/31/2005 |
MCO No. 3 (1st Rev.)
Special Administrative Measures for Certain Communications Subject to Monitoring [supersedes MCO No. 3 of September 21, 2005] 9/21/2005
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| Department of Defense Directive 5105.70, issued February 10, 2004, established position of the Appointing Authority for Military Commissions. |
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| Military Commission Instructions (MCIs), issued between April 2003 and March 2006, established procedures for military commissions. |
MCI No. 1
Establishes policies for the issuance and interpretation of further military commission instructions. 4/30/2003 |
MCI No. 2
Crimes and Elements for Trials by Military Commission 4/30/2003 |
MCI No. 5
Annex B--Affidavit and Agreement by Civilian Defense Counsel 4/30/2003 |
MCI No. 8
Administrative Procedures 4/30/2003 |
MCI No. 9
Review of Military Commission Proceedings 12/26/2003 |
MCI No. 3
Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors 4/15/2004 |
MCI No. 6
Reporting Relationships for Military Commission Personnel 4/15/2004 |
MCI No. 4
Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel 4/15/2004 |
MCI No. 8 (1st Rev.)
Administrative Procedures (supersedes MCI No. 8 of April 2003) 8/31/2004 |
MCI No. 3 (1st Rev.)
Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors 7/15/2005 |
MCI No. 4 (1st Rev.)
Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel 7/15/2005 |
MCI No. 4 (2d Rev.)
Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel 9/16/2005 |
MCI No. 8 (2d Rev.)
Administrative Procedures (supersedes MCI No. 8 of August 2004) 9/16/2005 |
MCI No. 9 (1st Rev.)
Review of Military Commission Proceedings (Rescinds MCI No. 9 of December 2003) 10/11/2005 |
MCI No. 10
Certain Evidentiary Determinations (prohibiting use of evidence obtained by torture) 3/24/2006 |
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| Appointing Authority Regulations (AA Reg), issued between August and November 2004, established procedures for Appointing Authority activities. |
AA Reg. No. 1
Disclosure of Communications 8/20/2004 |
AA Reg. No. 2
Motion and Interlocutory Question Procedures 11/17/2004 |
AA Reg. No. 3
Professional Responsibility 11/17/2004 |
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| Presiding Officers Memoranda (POMs), issued between July 2004 and October 2005, established additional procedures for military commissions. |
POM No. 1
Presiding Officers Memoranda (rescinded by POM No. 1-1, Aug 12, 2004) 7/19/2004 |
POM No. 2
Appointment and Role of the Assistant to the Presiding Officers 9/16/2004 |
POM No. 3
Communications, Contact, and Problem Solving 7/19/2004 |
POM No. 4
Motions Practice 7/22/2004 |
POM No. 5
Spectators to Military Commissions 8/2/2004 |
POM No. 1-1
Presiding Officers Memoranda 8/12/2004 |
POM No. 4-1
Motions Practice 8/12/2004 |
POM No. 6
Requesting Conclusive Notice to be Taken 8/12/2004 |
POM No. 7
Access to Evidence and Notice Provisions 8/12/2004 |
POM No. 8
Trial Exhibits 8/12/2004 |
POM No. 6-1
Requesting Conclusive Notice to be Taken 8/31/2004 |
POM No. 2-1
Appointment and Role of the Assistant to the Presiding Officers 9/16/2004 |
POM No. 9
Obtaining Protective Orders and Requests for Limited Disclosure 10/4/2004 |
POM No. 10
Witness Requests, Requests to Depose a Witness, and Alternatives to Live Testimony 10/4/2004 |
POM No. 4-2
Motions Practice 10/7/2004 |
POM No. 13
Records of Trial and Session Transcripts 11/22/2004 |
POM No. 14
Commissions Library 8/5/2005 |
POM No. 10-1
Witness Requests, Requests to Depose a Witness, and Alternatives to Live Testimony 9/20/2005 |
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POM No. 12
Filings Inventory 10/24/2005
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