Stunning Court Ruling May End Bush's War Crime Trials @ Gitmo & Mil Com Act

[IChing]

Sorry, I'm a little under the weather but I think this blogger might have nailed something important
but might have missed something being under the weather.
please take a look at it.

The crux of the matter is that Khadr, like every other detainee at Gitmo, is not classified as an "alien unlawful enemy combatant" - which is the basis for Bush's war trial system.
MY GOD! Could they really have missed it that easily??

In the ruling by Army Col. Peter Brownback, the judge said he had no choice but to throw out the charges.

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.

Marine Col. Dwight Sullivan, who represented the defense, further adds this:

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.
Now even more strange: The prosecution can appeal...but the court designed to hear the appeal DOES NOT EVEN EXIST.

Ok, apologies for the emotions & the weird fonts & all, but somebody tell me this is just my imagination or crazy talk.

Update:

Sullivan says this is not just a technicality:

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."

http://www.texaskaos.com/showDiary.do?diaryId=3377

[Dhalgren]

1. It just means that they will have to get the legislation fixed.

They will not release anyone from Gitmo, because of this. The political prisoners at the 'Mo will just have to rot for a while longer...

[Jim__]

2. Can't bush just declare him an unlawful enemy combatant?

That was my recollection, and I found this:

The phrase "unlawful combatant" does not appear in the Third Geneva Convention (GCIII).<1> However, Article 4 of GCIII does describe categories under which a person may be entitled to POW status; and there are other international treaties which deny lawful combatant status for mercenaries and children. In the United States, the Military Commissions Act codified the legal definition of this term, and invested the U.S. President with broad discretion to determine whether a person may be designated an unlawful enemy combatant.

I hope I'm wrong.

[malaise]

3. We may have to call Bushco 'wanna be' fascists

since they're so fugging incompetent.