Mullah Omar: Taliban Rules and Regulations

[jmm99]

I typed my answer to you a bit too quickly. Haste makes waste.

Since I made the independent magistrate in Step 2 an administrative judge, the Administrative Procedure Act (APA) would most likely require review of the case by an Article III court (either a US District Court or Court of Appeals).

I posit that the magistrate in the Step 2 hearing would make findings of fact based on a complete record of admissible evidence (including both unclassified and classified evidence - the latter being protected as usual).

The cleanest way to meet the APA would be to provide for an appeal to the DC Circuit Court of Appeals, where the magistrate's findings of fact would be conclusive if made on substantial evidence contained in the complete record (the last requirement to prevent cherry-picking). Errors in matters of law are always reviewable.

So, a Step 3 would have to be added to the process.

Mike