Page:United States Statutes at Large Volume 120.djvu/2653

 120 STAT. 2622

Deadline. Notice.

Regulations.

VerDate 14-DEC-2004

09:16 Jul 13, 2007

PUBLIC LAW 109–366—OCT. 17, 2006

‘‘§ 950g. Review by the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court ‘‘(a) EXCLUSIVE APPELLATE JURISDICTION.—(1)(A) Except as provided in subparagraph (B), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of a final judgment rendered by a military commission (as approved by the convening authority) under this chapter. ‘‘(B) The Court of Appeals may not review the final judgment until all other appeals under this chapter have been waived or exhausted. ‘‘(2) A petition for review must be filed by the accused in the Court of Appeals not later than 20 days after the date on which— ‘‘(A) written notice of the final decision of the Court of Military Commission Review is served on the accused or on defense counsel; or ‘‘(B) the accused submits, in the form prescribed by section 950c of this title, a written notice waiving the right of the accused to review by the Court of Military Commission Review under section 950f of this title. ‘‘(b) STANDARD FOR REVIEW.—In a case reviewed by it under this section, the Court of Appeals may act only with respect to matters of law. ‘‘(c) SCOPE OF REVIEW.—The jurisdiction of the Court of Appeals on an appeal under subsection (a) shall be limited to the consideration of— ‘‘(1) whether the final decision was consistent with the standards and procedures specified in this chapter; and ‘‘(2) to the extent applicable, the Constitution and the laws of the United States. ‘‘(d) SUPREME COURT.—The Supreme Court may review by writ of certiorari the final judgment of the Court of Appeals pursuant to section 1257 of title 28. ‘‘§ 950h. Appellate counsel ‘‘(a) APPOINTMENT.—The Secretary of Defense shall, by regulation, establish procedures for the appointment of appellate counsel for the United States and for the accused in military commissions under this chapter. Appellate counsel shall meet the qualifications for counsel appearing before military commissions under this chapter. ‘‘(b) REPRESENTATION OF UNITED STATES.—Appellate counsel appointed under subsection (a)— ‘‘(1) shall represent the United States in any appeal or review proceeding under this chapter before the Court of Military Commission Review; and ‘‘(2) may, when requested to do so by the Attorney General in a case arising under this chapter, represent the United States before the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court. ‘‘(c) REPRESENTATION OF ACCUSED.—The accused shall be represented by appellate counsel appointed under subsection (a) before the Court of Military Commission Review, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court, and by civilian counsel if retained by the accused. Any

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