Gitmo Judge to Bush Administration: Case Dismissed Means Case Dismissed

Brian Zick

David McFadden for AP reports: SAN JUAN, Puerto Rico — A military judge has refused a Pentagon request to reconsider his dismissal of charges against a Guantanamo Bay detainee accused of killing an American soldier in Afghanistan.The judge, Army Col. Peter Brownback, ruled Friday that the government's renewed legal argument has not resolved a lack of jurisdiction in the case of Omar Khadr, a Canadian who was 15 when he was arrested on an Afghan battlefield in 2002.Khadr is one of two detainees whose military trials fell apart because they were not identified as "unlawful" enemy combatants.A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, said Saturday that the military is preparing to file a challenge to the Court of Military Commissions Review, a Washington-based appeals court that was set up within a week of the dismissal of the two detainees' charges on June 4.

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