Fidell on military commission appeals
Gene Fidell writes here on Balkinization about the conference committee version of the DOD Authorization Act rejecting a move to establish CAAF as the direct review authority for military commission convictions. Gene notes ways in which unlawful enemy alien combatants convicted by military commission will continue to enjoy greater rights than U.S. servicemembers receive, such as having a right to appeal regardless of the severity of the sentence and having a guaranteed path to filing a cert petition.
There is also a provision in the NDAA that allows for learned counsel in all capital commission cases. Something that the military should take note of in courts-martial
The recent yet controversial Chen v US case also reflects the unresolved issue of appeals for military commissions by CAAF.
Under a Lin v US ruling, Taiwanese are not “Chinese” but are caught in political purgatory. Congress is far more concerned with the civil rights of due process for our enemy detainees than servicemen or “excluded” Chinese detainees on Taiwan.