No Easy Answers

Friday, August 24, 2007

Notice of Appellate Hearing re: GTMO Case Dismissal


Comments: War crimes appeals court hearing Friday

                 United States Court of Military Commission Review
                             Post Office Box 3627
                            Arlington, V.A.  22031

                              SCHEDULED HEARING

Friday, August 24, 2007

10:00 a.m. at Courtroom 201 of the United States Court of Appeals for the
Federal Circuit, 717 Madison Place, N.W., Washington D.C. 20439.

United States v. Omar Ahmed Khadr

Counsel for Prosecution: Major Jeffrey D. Groharing, Captain Keith Petty, and
                         Francis Gilligan, Esq.

Counsel for Accused: Lieutenant Commander William Kuebler, Rebecca S.
                     Snyder, Esq., and Nathan Whitling, Esq.

Case Summary: US Forces captured the Accused in Afghanistan. In April 2007,
              the Convening Authority referred charges to trial by a military
              commission of murder and attempted murder in violation of the
              laws of war, conspiracy, providing material support for terrorism
              and spying. In June 2007, the Trial Judge dismissed the charges
              for lack of jurisdiction.

                 ISSUE I: Whether the Trial Judge correctly decided that the
                 military commission lacked jurisdiction.

                 ISSUE II. Whether US Court of Military Commission Review
                 proceedings should be abated because the Deputy Secretary of
                 Defense assigned the judges, rather than the Secretary of

                 ISSUE III. Whether the Acting Chief Judge lacked authority to
                 assign the particular judges to hear the case of the Accused.

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