JURIST - Paper Chase: Guantanamo military judge refuses to reinstate case against Khadr

[JURIST] A military judge at Guantanamo Bay Friday declined to revive charges against Guantanamo detainee Omar Ahmed Khadr [TrialWatch profile; JURIST news archive]. Judge Peter E. Brownback, III reiterated his June ruling [order, PDF] that since the Combatant Status Review Tribunal [DOD materials] that reviewed Khadr's status had not found him to be an "unlawful enemy combatant" as required under the Military Commissions Act of 2006 [PDF text], charges against Khadr had to be dismissed for lack of jurisdiction [JURIST report]. Brownback found [PDF text] that a plea for reconsideration by the prosecution did not offer any change in the facts or law since his June 4 dismissal. There is some question about whether the decision can be appealed, but Brownback said that determination was up to "an appellate court."

Khadr, formally charged [charge sheet, PDF; JURIST report] in April with murder, attempted murder, conspiracy and providing material support for terrorism, as well as spying, was 15 years old when he was detained in 2002. Khadr allegedly threw a grenade that killed one US soldier and wounded another while fighting with the Taliban in Afghanistan. He has remained in US custody despite the dismissal of charges. SCOTUSblog has more.

For a one-stop snapshot of the latest legal news that matters, with breaking documents, new legal videos, live law-related webcasts, commentary by expert law professors and more - all updated through the day in real time, with no ads and no registration barriers - visit JURIST's homepage and check back often...