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New Judge rules all Gitmo Tribunal cases have technical flaw
[link|http://www.alertnet.org/thenews/newsdesk/N04481007.htm|Alertnet]
he U.S. war crimes tribunals at Guantanamo came to a screeching halt on Monday when a military judge dropped all the charges against a young Canadian in a ruling that could preclude trying any of the 380 prisoners.

Army Col. Peter Brownback, the judge, said the military tribunal lacked jurisdiction over Canadian Omar Khadr because he did not meet the definition of those subject to trial under a law the U.S. Congress drafted last year.

The judge said a military review board had labeled Khadr an "enemy combatant" during a 2004 hearing in Guantanamo. But the Military Commissions Act adopted by the U.S. Congress in 2006 said only "unlawful enemy combatants" could be tried in the Guantanamo tribunals.

Brownback said Khadr did not meet that strict definition because there had been no formal proceeding designating him as unlawful.

Because none of the 380 foreign captives held at Guantanamo have been designated in that way, lawyers said they could not be tried unless they first faced proceedings reclassifying them as unlawful enemy combatants.

Brownback dismissed the charges against Khadr, but left open the possibility that charges could be re-filed if Khadr went back before a review board and was formally reclassified.

Another example of the amazing incompetence of the Bush administration. All of the prisoners are held under the wrong label, rendering every case invalid.

Of course, they will simply be recategorized and retried. But it is still amusing.

Jay
New s/is still amusing/makes me want to weep for humanity.
New It's all at the black hole event-horizon of 'law' anyway -
And this MBA-group still imagine they can spreadsheet all this stuff, too.

This is most obvious when you peer closely at the crafted-for-illegibility utterances of say, Alberto G re 'torture'-reconfigured. Fred Rodell's quip about the pseudo-science of the law is timeless ... pity that that notion has not yet reached cliche status; most haven't copped to that dilemma, in my experience.

By sheer dumb-luck, I'd suppose that there are a few nasty pieces of work in this Bastille - now.. which 6 or 8 Are They, sportsfans? Every day, these soulless mindfuckers plunge deeper into the cesspool -- every word-association with the idea, 'America'.

And those outside our Disneyland-of-euphemisms, watch 'The-Consumers' stand about ~~ that earlier 'pitiful giant' phrase - behaving as if we were an old dog, helpless to rid ourselves of a massive invasion of Killer Fleas.

And, we are a fleabitten old dog of a sort.. For various defns. of 'we'.

     Judge rules all Gitmo Tribunal cases have technical flaw - (JayMehaffey) - (2)
         s/is still amusing/makes me want to weep for humanity. -NT - (inthane-chan)
         It's all at the black hole event-horizon of 'law' anyway - - (Ashton)

Achtung, Laddie!
95 ms