Who has the ultimate authority to appoint secret military courts?

The ultimate authority to appoint secret military courts lies with the President of the United States. This power stems from the President's role as the Commander-in-Chief of the Armed Forces, as established by the U.S. Constitution. The President has the authority to ensure the security and functioning of the military, which includes the power to establish military tribunals to adjudicate cases involving military personnel and national security issues.

Military commissions, which are the legal framework for these secret military courts, are authorized under the Uniform Code of Military Justice and have been set up in response to specific circumstances, particularly during times of war or conflict. This authority enables the President to act decisively in matters that may require swift justice for military members accused of certain offenses or actions that threaten national security.

The roles of the Secretary of Defense, Congress, and commanding officers do not extend to the ultimate authority to form these courts. While the Secretary of Defense may have a significant influence in military matters and Congress has the power to legislate regarding military law, the final decision and authority in appointing secret military courts rest with the President.