which shall be composed of one or more panels, and each 
such panel shall be composed of not less than three appel-
late military judges. For the purpose of reviewing military 
commission decisions under this chapter, the court may 
sit in panels or as a whole in accordance with rules pre-
scribed by the Secretary. 
‘‘(b) APPELLATE MILITARY JUDGES.—The Secretary 
shall assign appellate military judges to a Court of Mili-
tary Commission Review. Each appellate military judge 
shall meet the qualifications for military judges prescribed 
by section 948j(b) of this title or shall be a civilian with 
comparable qualifications. No person may be appointed to 
serve as an appellate military judge in any case in which 
that person acted as a military judge, counsel, or review-
ing official. 
‘‘(c) CASES TO BE REVIEWED.—The Court of Mili-
tary Commission Review, in accordance with procedures 
prescribed under regulations of the Secretary, shall review 
the record in each case that is referred to the Court by 
the convening authority under section 950c of this title 
with respect to any matter of law raised by the accused. 
‘‘(d) SCOPE OF REVIEW.—In a case reviewed by it 
under this section, the Court of Military Commission Re-
view may act only with respect to matters of law. 
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‘‘§ 950g. Review by the United States Court of Ap-
peals for the District of Columbia Circuit 
and the Supreme Court 
‘‘(a) EXCLUSIVE APPELLATE JURISDICTION.—(1)(A) 
Except as provided in subparagraph (B), the United 
States Court of Appeals for the District of Columbia Cir-
cuit shall have exclusive jurisdiction to determine the va-
lidity of a final judgment rendered by a military commis-
sion (as approved by the convening authority) under this 
chapter. 
‘‘(B) The Court of Appeals may not review the final 
judgment until all other appeals under this chapter have 
been waived or exhausted. 
‘‘(2) A petition for review must be filed by the ac-
cused in the Court of Appeals not later than 20 days after 
the date on which— 
‘‘(A) written notice of the final decision of the 
Court of Military Commission Review is served on 
the accused or on defense counsel; or 
‘‘(B) the accused submits, in the form pre-
scribed by section 950c of this title, a written notice 
waiving the right of the accused to review by the 
Court of Military Commission Review under section 
950f of this title. 
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‘‘(b) STANDARD FOR REVIEW.—In a case reviewed 
by it under this section, the Court of Appeals may act 
only with respect to matters of law. 
‘‘(c) SCOPE OF REVIEW.—The jurisdiction of the 
Court of Appeals on an appeal under subsection (a) shall 
be limited to the consideration of— 
‘‘(1) whether the final decision was consistent 
with the standards and procedures specified in this 
chapter; and 
‘‘(2) to the extent applicable, the Constitution. 
‘‘(d) SUPREME COURT.—The Supreme Court may re-
view by writ of certiorari the final judgment of the Court 
of Appeals pursuant to section 1257 of title 28. 
‘‘§ 950h. Appellate counsel 
‘‘(a) APPOINTMENT.—The Secretary of Defense 
shall, by regulation, establish procedures for the appoint-
ment of appellate counsel for the United States and for 
the accused in military commissions under this chapter. 
Appellate counsel shall meet the qualifications for counsel 
appearing before military commissions under this chapter. 
‘‘(b) REPRESENTATION OF UNITED STATES.—Appel-
late counsel appointed under subsection (a)— 
‘‘(1) shall represent the United States in any 
appeal or review proceeding under this chapter be-
fore the Court of Military Commission Review; and 
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‘‘(2) may, when requested to do so by the At-
torney General in a case arising under this chapter, 
represent the United States before the United States 
Court of Appeals for the District of Columbia Cir-
cuit or the Supreme Court. 
‘‘(c) REPRESENTATION OF ACCUSED.—The accused 
shall be represented by appellate counsel appointed under 
subsection (a) before the Court of Military Commission 
Review, the United States Court of Appeals for the Dis-
trict of Columbia Circuit, and the Supreme Court, and by 
civilian counsel if retained by the accused. Any such civil-
ian counsel shall meet the qualifications under paragraph 
(3) of section 949c(b) of this title for civilian counsel ap-
pearing before military commissions under this chapter 
and shall be subject to the requirements of paragraph (4) 
of that section. The provisions of subparagraph (D) of sec-
tion 949d(e)(5) of this title shall apply with respect to ap-
pellate counsel. 
‘‘§ 950i. Execution of sentence; suspension of sentence 
‘‘(a) EXECUTION OF SENTENCE OF DEATH ONLY 
UPON APPROVAL BY THE PRESIDENT.—If the sentence 
of a military commission under this chapter extends to 
death, that part of the sentence providing for death may 
not be executed until approved by the President. In such 
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a case, the President may commute, remit, or suspend the 
sentence, or any part thereof, as he sees fit. 
‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY 
UPON
FINAL
JUDGMENT
OF
LEGALITY
OF
PRO-
CEEDINGS.—(1) If the sentence of a military commission 
under this chapter extends to death, the sentence may not 
be executed until there is a final judgement as to the legal-
ity of the proceedings (and with respect to death, approval 
under subsection (a)). 
‘‘(2) A judgement as to legality of proceedings is final 
for purposes of paragraph (1) when— 
‘‘(A) the time for the accused to file a petition 
for review by the Court of Appeals for the District 
of Columbia Circuit has expired and the accused has 
not filed a timely petition for such review and the 
case is not otherwise under review by that Court; or 
‘‘(B) review is completed in accordance with the 
judgment of the United States Court of Appeals for 
the District of Columbia Circuit and— 
‘‘(i) a petition for a writ of certiorari is not 
timely filed; 
‘‘(ii) such a petition is denied by the Su-
preme Court; or 
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