A First Look at the Military Commissions Act of 2009

Wednesday, November 4, 2009

A First Look at the Military Commissions Act of 2009, Part One
By JOANNE MARINER

This column is Part One in a two-part series. – Ed.

Last week, President Obama signed the 2010 National Defense Authorization Act, which included a package of changes to the rules governing military commission proceedings. Called the Military Commissions Act of 2009, the new law replaces — and somewhat improves upon — the Bush-era military commissions legislation known as the Military Commissions Act of 2006.

In 2006, Obama was one of 34 senators -- 32 Democrats, one independent and one Republican -- who voted against the military commissions law. He called it a “flawed document” that betrayed American values.

In what ways does this new legislation, which will be remembered as the Obama system of military commissions, differ from the earlier version? And in what ways does it stick with the Bush-era model? Let’s start by looking at who can be brought before a military commission for trial.

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