[JURIST] US Defense Secretary Robert Gates on Thursday appointed retired Navy Vice Adm. Bruce MacDonald as the convening authority for military commissions. Considered an expert in military law, MacDonald’s experience as a former Navy judge advocate general played a significant role in the appointment process. MacDonald replaces Susan Crawford, a Bush administration appointee. The position was created under the Military Commissions Act of 2006 to oversee military commissions themselves, such as those at Guantanamo Bay, and also to oversee the Office of Military Commissions. Notably, the convening authority has the power to review and approve charges against “belligerents,” pursuant to the Military Commissions Act.
The appointment may indicate that the Obama administration is planning to try accused 9/11 conspirators, including Khalid Sheikh Mohammed in a military trial rather than in civilian criminal court, as Attorney General Eric Holder had originally announced. Last week, Holder defended his decision to try the suspected terrorists in civilian court. The American Civil Liberties Union (ACLU), a group that has been persistent in its advocacy of civilian trials for the 9/11 suspects, expressed support for Holder’s decision. Earlier this month, the ACLU released a full-page advertisement in the New York Times urging President Barack Obama to uphold his pledge to try 9/11 suspects in civilian criminal court. That release came just days after reports that White House advisers are considering recommending that Mohammed be tried in a military court rather than through the civilian criminal justice system.