This development will drive conservatives crazy. Reader
Hillary Murdoch is right, it beats the hell out of Paris hits jail. It revolves around the fact that under the Military Commissions Act only “alien unlawful enemy combatants” can be tried. Omar Khadr, whose case was thrown
out today, was considered only an “enemy combatant,” which is basically
a term for an enemy soldier and nothing more. The “unlawful” part is saved for non military types like terrorists. This is where it gets potentially
devastating for Bush and his torture queens.
However, the Military Commissions Act adopted by the US Congress in 2006
said only “unlawful enemy combatants” could be tried in the Guantánamo
tribunals.Today Col Brownback said Khadr did not meet that strict definition. “The
charges are dismissed without prejudice,” the military judge said before
adjourning the proceedings.Shortly afterwards, the chief of military defence lawyers at Guantánamo
Bay, Marine Colonel Dwight Sullivan, said the ruling had “huge”
impact, because none of the remaining some 380 Guantánamo detainees
has been found to be an “unlawful” enemy combatant.Col Sullivan said the ruling was further evidence the tribunal system was
a failed experiment. “We don’t need any more evidence that it’s a failure,”
he said. “This system should just stop.”Today’s turn of events at the tribunal is the latest legal setback for the
Bush administration over the detainees at the prison camp on the southern
tip of Cuba.The current tribunal system was devised after the US supreme court struck
down a previous system as unconstitutional last June. … ..Guantánamo
Bay case thrown out (emphasis added)
What will Republicans do if they’ve got no detainees to torture? If the rule
of law makes them actually release the 380 Gitmo detainees, what will that mean
to Bush’s “global war on terror.” For that matter, what would Mitt do?
He wants to “double Guantanamo.” Someone should ask him at tomorrow’s
Republican debate.
But the story gets even more interesting. NRO is teasing of yet more
incompetence. This could get really embarrassing. The government intends
to appeal, but there’s not even an appellate court set up? Can that be true?
Col Brownback gave prosecutors 72 hours to appeal his ruling, though it was not immediately clear whom they could appeal to.
This isn’t over yet. Facts are streaming out slowly. Maybe it’s time just to admit
Gitmo’s got to go.
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