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US military judge says Khadr terror trial should resume despite appeal

[JURIST] US military judge Col. Peter Brownback on Monday said that military commission proceedings against Canadian Guantanamo Bay detainee Omar Khadr [JURIST news archive] would resume November 8. Brownback's ruling comes despite Khadr's appeal [JURIST report] challenging the earlier decision to send the case back to a military tribunal last week. In an e-mail order to both parties, Brownback conceded his decision is "unprecedented" but said that does not mean it is "improper or unlawful." Brownback said he could not wait for the decision of the US Court of Appeals for the DC Circuit on Khadr's appeal because unless the federal appeals court issues a stay in the case, he has a "duty" to proceed in a timely manner with Khadr's case.

Khadr was detained in Afghanistan in 2002 after allegedly throwing a grenade that killed one US soldier and wounded another while fighting with the Taliban. He was only 15 at the time. After earlier proceedings against him were effectively quashed by the US Supreme Court's rejection of presidentially-established military commissions as unconstitutional, he was formally recharged [charge sheet, PDF; JURIST report] in April under the Military Commissions Act [PDF text] with murder, attempted murder, conspiracy and providing material support for terrorism, as well as spying. CBC News has more. CanWest News has additional coverage.

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