Monday, June 04, 2007

Army Judge Goes Against the Administration



Originally uploaded by stanleylieber.
Perhaps we still are a land of law. I'd been wondering...

From William Glaberson at the New York Times:
An American military judge here dismissed the war crimes charges against a Canadian detainee today, saying there was a flaw in the procedure the military has used to file such charges against Guantánamo detainees.

The ruling, in the case of the Canadian, Omar Khadr, is likely to stall the military’s war crimes prosecutions here.

There were immediate calls from critics of the prosecutions for Congress to reexamine the legal system it set up last year for trials by military commissions.

The military judge, Col. Peter E. Brownback III of the Army, said that Congress authorized charges only against detainees who had been determined to be unlawful enemy combatants, and that the military here has determined only that Mr. Khadr was an enemy combatant. Military lawyers here said the same flaw would affect every other potential war crimes case here.
Perhaps this is a mere technicality, but we're at least seeing that all this isn't as easy, or as cut and dry, as some who currently reside in Washington seem to think.

And to think that some pundits and critics thought Colonel Brownback was too close to the administration. I guess he's proving to be more independent than many thought.

Alleluia.

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