Terrorism appeals court opens

[LeighAnn]

Source: AP via Baltimore Sun

WASHINGTON - The nation's new terrorism appeals court opens for business this week, and among the first questions it faces is whether the court itself is even legal.

Then there are questions about whether its judges were really appointed and if the military can appeal a case to a court that, until recently, existed only in theory.

Only then can the U.S. Court of Military Commission Review decide its first case. The issue: Did the military, by omitting a single word - unlawful - mistakenly undermine tribunals at Guantanamo Bay?

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In their hurry, Whitling says, the military made another procedural gaffe. The law says the secretary of defense will appoint the judges. The judges were appointed by the deputy secretary of defense. The Pentagon argues that was routine delegation of authority. Whitling says it could sink the government's case.

Read more: http://www.baltimoresun.com/news/nation/bal-te.terror23aug23,0,1820163.story?track=rss