On the recordDecember 21, 2005
Yes, that is correct. But we do still allow some types of judicial review to go forward--those cases asking for review, in accordance with section 1405, of military commissions or CSRTs. And the very last paragraph of section 1405--I believe that it is paragraph (h)(2)--adopts a compromise of sorts. It states that the bill's authorization for limited DC Circuit review of CSRTs and military commissions shall apply to pending cases. Obviously, no pending case seeks judicial review in the DC Circuit pursuant to section 1405. What this paragraph means is that, at the same time that the courts like the DC district courts kick these cases out of their courtrooms, they can also tell them where they should go next. And if, for example, a habeas action currently is in the DC Circuit, that court can simply construe that action as a request for review of the detainee's CSRT pursuant to subsection (e) of 1405, and allow that claim to go forward in that form.
Source
govinfo.gov




