On the recordSeptember 27, 2006
If I may, I would invite the chairman--I cannot remember what paragraph the language is in, but Justice O'Connor gave some guidance to the military--I think it is Army Regulation 190-dash- something--that she indicated would be a proper mechanism or at least a guide of how to set up due process rights for this administrative determination. So after that decision, I know the military looked at the Army regulation that she cited and built the CSRT process off that concept. I am of the opinion that the Combat Status Review Tribunal does afford the rights Justice O'Connor indicated and is more than the Army regulation would allow that she cited, and it is fully compliant with article 5 of the Geneva Conventions--competent tribunal--but if you look in that decision, she mentions an Army regulation as a guide as to how to do this. I think the military, the Department of Defense, has gone beyond that.
Source
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