Peter Brownback

“ Thus, in the MCA, Congress denominates for the purpose of establishing jurisdiction two categories of enemy combatants ­ lawful and unlawful. A military commission only has jurisdiction to try an unlawful enemy combatant. ”

“ Names or other identifying information of other personnel who have provided witness statements, but who are not listed on a prosecution witness list, are subject to the limitations in paragraph 2b above. e. NLT 21 days prior to a session in which a witness is scheduled to appear, whether before the military judge alone or before the full Commission, the prosecution shall advise the defense specifically as to whether the prosecution objects to the witness' name and/or photograph being given or shown to the accused. The defense shall respond within 7 days if it objects to any such designation. ”

“ Congress provided in the MCA for many scenarios none anticipated that the military commission would make the lawful/unlawful enemy combatant determination. b. Second, a person has a right to be tried only by a court which he knows has jurisdiction over him. If the military commission were to make the determination, a person could be facing trial for months, without knowing if the court, in fact and in law, had jurisdiction. 9. Persons familiar with the court-martial system might state that jurisdiction is always assumed by the court-martial and it is attacked only by motion. ”