“ Detainees are not represented by advocates, but only by Personal Representatives whose sole duty is to assist, not defend, them. Conversely, the Recorders and the CSRTs have an obligation, under the procedures, to find and examine exculpatory evidence. That being so, it seems improbable that the Government need turn over only the Record of Proceedings compiled after the CSRT, as it originally urged, Bismullah v. Gates, 501 F.3d 178, 185 (D.C. Cir. 2007) (Bismullah I) . On the other hand, to demand everything means engaging this court in de novo review of the CSRTs, as the panel acknowledges. ”

“ Is such review what Congress intended when it passed the Detainee Treatment Act?
Congress mandated this court to review the CSRTs. An adversarial appeal from a nonadversarial hearing is an unfamiliar process in this country, but it is common in other parts of the world. Indeed, since the military’s prisoner-ofwar procedures were developed to implement international law, Army Reg. ”