Military Judge Dismisses Guantanamo "Terrorism" Charges, in Setback for Cheney-Addington Military Commission Scheme

4 de junio de 2007

<body><div id="article"><tr><td height="23" valign="middle" width="184"></td><td valign="middle" width="185"></td></tr><h1>Military Judge Dismisses Two Guantanamo "Terrorism" Charges, in Setback for Cheney-Addington Military Commission Scheme</h1><p>June 4 (LPAC)--Two military judges dismissed all charges against two prisoners at Guantanamo today, in a major defeat for Cheney-promoted scheme of military tribunals which was created to bypass traditional U.S. military and civilian law.</p><p>In the first case, charges were dismissed against a young Canadian, Omar Khadr, who was accused of killing a U.S. soldier in Afghanistan in 2002. Army Col. Peter Brownback, the military judge presiding over the Khadr trial, ruled that the military commission does not have jurisdiction to try Khadr, in a ruling seen as having broad implications for all of the other 380 prisoners at Guantanamo. Although a military review board had designated Khadr as an "enemy combatant," under the 2006 Military Commission Act, the newly-created military commission is only empowered to try "unlawful enemy combatants."</p><p>One military law specialist told <em>EIRNS</em> that the Khadr ruling was "certainly a shocker."</p><p>Then later Monday afternoon, charges were dismissed against Salim Ahmed Hamdan of Yemen, who is described as having been a driver and bodyguard for Osama bin Laden. The military judge in his case, Navy Capt. Keith Allred, likewise ruled that Hamdam is "not subject to this commission" under the 2006 Military Commissions Act.</p><p>"It is not just a technicality," <em>AP</em> quoted Marine Col. Dwight Sullivan, the chief military defense attorney at Guantanamo, as saying after the Khadr ruling. "It's the latest demonstration that this newest system just does not work. It is a system of justice that does not comport with American values." Sullivan said that this could mark the end of the military commissions scheme which was created last year, when the Military Commissions Act was jammed through Congress after the U.S. Supreme Court had ruled, in a case brought by Hamdam, that the previous system of military tribunals, created under a 2001 Bush military order, was unconstitutional.</p><p>It is well-known that Vice President Dick Cheney and his chief lawyer David Addington were the primary promotors of the unworkable and unconstitutional military tribunal and detention system, twice struck down in different aspects by the U.S. Supreme Court, and then modified by the 2006 law.</p><p>The charges were dismissed "without prejudice," meaning that the charges could be refiled, if the government could find a way to legally remedy the defect in the proceedings, such as holding new hearings to reclassify all prisoners as "unlawful enemy combatants." Prosecutors also said they intend to appeal -- even though the military appeals court envisioned in the 2006 law hasn't yet been established.</p></div></body>