Page:United States Statutes at Large Volume 123.djvu/2623

 123STA T . 2 60 3 PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ §950f.Revi e wbyUn i t e dS t a te sCour tof M i l itary Co m mis - sion Review ‘ ‘ (a)ESTABLI S HMEN T .—Ther e is a cou r t o f recor d to b e kn o w n asthe‘ U nited S tates C ourt of M i l itar y Co m mission R e v iew ’ (in this section referred to as the ‘Court’). The Court shall consist of one or more p anels , each composed of not less than three appel - late military j ud g es. F or the purpose of reviewing decisions of military commissions under this chapter, the Court may sit in panels or as a whole, in accordance with rules prescribed by the Secretary of D efense. ‘‘(b) JUDG ES.—( 1 ) Judges on the Court shall be assigned or appointed in a manner consistent with the provisions of this sub- section. ‘‘( 2 ) The Secretary of Defense may assign persons who are appellate military judges to be judges on the Court. A ny judge so assigned shall be a commissioned officer of the armed forces, and shall meet the q ualifications for military judges prescribed by section 948 j(b) of this title. ‘‘( 3 ) The P resident may appoint, by and with the advice and consent of the Senate, additional judges to the United States Court of Military Commission Review. ‘‘(4) N o person may serve as a judge on the Court in any case in which that person acted as a military judge, counsel, or reviewing official. ‘‘(c) CASES T OB ERE V IE W ED.—The Court shall, in accordance with procedures prescribed under regulations of the Secretary, review the record in each case that is referred to the Court by the convening authority under section 9 50 c of this title with respect to any matter properly raised by the accused. ‘‘(d) STANDA R DANDS C O P EO F REVIEW.— I n a case reviewed by the Court under this section, the Court may act only with respect to the findings and sentence as approved by the convening authority. The Court may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the Court may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recogni z ing that the military commission saw and heard the witnesses. ‘‘(e) REHEARINGS.—If the Court sets aside the findings or sen- tence, the Court may, e x cept where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the Court sets aside the findings or sentence and does not order a rehearing, the Court shall order that the charges be dismissed. ‘‘§ 950 g . Review by United States Court of Ap peals for t h e D istri c t of Columbia Circuit writ of certiorari to Supreme Court ‘‘(a) E X CLUSIVE APPELLATE JURISDICTION.—Except as provided in subsection (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 and, where applicable, the United States Court of Military Commission Review) under this chapter. Regulations.