Appeals Court Refuses To Step Into Terrorism Case

Team Infidel

Forum Spin Doctor
MiamiHerald.com
June 20, 2008 By Associated Press
A federal appeals court Friday refused to intervene in the military commission case against a Canadian detainee.
A three-judge panel agreed that it has no authority to deal with issues at this time in the planned war crimes trial of Omar Khadr, who is among the first detainees scheduled to be tried under the new military commission system.
Khadr, held at Guantánamo Bay, is accused of killing a U.S. soldier during a firefight in Afghanistan in 2002.
Lawyers brought Khadr's case to Washington after a military appeals panel ruled against him last September, clearing the way for his trial, which is scheduled to begin Oct. 8.
On Friday, Judge David Sentelle and two colleagues ruled that those accused in military commission cases are entitled to be heard by the civilian appeals court only after they have been found guilty and have been sentenced.
Sentelle is an appointee of President Reagan. The other members of the panel were Judith Rogers, an appointee of President Clinton; and Janice Rogers Brown, an appointee of President Bush.
Last week, the Supreme Court ruled that the terrorism detainees at Guantánamo Bay have the right to seek their release in civilian courts. Attorney General Michael Mukasey says the decision won't affect planned military commission trials, but some defense attorneys say they will seek dismissal of military commission trials against their clients. Nineteen of the detainees face commission trials.
 
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