Filed July 14, 2008
If petitioner is found guilty, he has full appellate rights first to the Court of Military Commissions Review and then to the D.C. Circuit. 10 U.S.C. §§ 950f(d), 950g(b). In conducting its review, the court of appeals can evaluate the legal sufficiency of the evidence underlying the military commission’s exercise of jurisdiction – it is authorized to consider whether the commission’s “final decision was consistent with the standards and procedures” for military commissions (10 U.S.C. § 950g(c)(1)), including the standard that jurisdiction may be exercised only over “an alien unlawful enemy combatant,” 10 U.S.C. § 948d(a), as well as the standards governing jurisdictional litigation that are set forth in the Rules for Military Commissions.