sic semper bogus unconstitutional ad hoc made up nonsense:
The chief of military defense attorneys at Guantanamo Bay, Marine Col. Dwight Sullivan, said the ruling in the case of Canadian detainee Omar Khadr could spell the end of the war-crimes trial system set up last year by Congress and President Bush after the Supreme Court threw out the previous system.
But Omar Khadr, who was 15 when he was captured after a deadly firefight in Afghanistan and who is now 20, will remain at the remote U.S. military base along with some 380 other men suspected of links to al-Qaida and the Taliban.
The judge, Army Col. Peter Brownback, said he had no choice but to throw the Khadr case out because he had been classified as an “enemy combatant” by a military panel years earlier — and not as an “alien unlawful enemy combatant.”
The Military Commissions Act, signed by Bush last year, specifically says that only those classified as “unlawful” enemy combatants can face war trials here, Brownback noted during the arraignment in a hilltop courtroom on this U.S. military base.
Sullivan said the dismissal of Khadr case has “huge” impact because none of the detainees held at this isolated military base in southeast Cuba has been found to be an “unlawful” enemy combatant.
“It is not just a technicality — it’s the latest demonstration that this newest system just does not work,” Sullivan told journalists. “It is a system of justice that does not comport with American values.”
Sullivan said the judge hearing the case of the only other Guantanamo detainee currently charged with crimes is not bound by Brownback’s ruling but that he expected the judge would make the same decision.
That other detainee is Salim Ahmed Hamdan, who is accused of chauffeuring Osama bin Laden and being the al-Qaida chief’s bodyguard. His arraignment was scheduled for Monday afternoon.
Brownback’s ruling came just minutes into Khadr’s arraignment, in which he faced charges he committed murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism and spying.
“The charges are dismissed without prejudice,” Brownback said as he adjourned the proceeding.
Only three detainees held here have been charged under the new military tribunal system. The third, Australian David Hicks, pleaded guilty in March to providing material support to al-Qaida and is serving out a nine-month sentence in Australia.
A prosecuting attorney said he would appeal the dismissal of the case.
Under the new war-crimes trial system, the prosecution has 72 hours to appeal, but the court designated to hear the appeal — known as the court of military commissions review — doesn’t even exist, Sullivan noted.
The prison at Guantanamo Bay was established there specifically to be beyond the reach of any law in the world. Bush/Cheney’s geniuses got to make up their own laws. And surprise, they couldn’t even do that right. Guantanamo Bay, like Abu Ghraib, is nothing more than a place where Americans can show off how nasty they can be.
Like that wins hearts and minds…..