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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.

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