# Judge affirms ruling to dismiss Gitmo charges

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Amanda Williams

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http://www.cnn.com/2007/WORLD/americas/07/02/gitmo.charges/index.html

WASHINGTON (CNN) -- A military judge on Friday rejected the Pentagon's
request to reinstate previously dismissed charges against a prisoner
accused of killing a U.S. soldier in Afghanistan in 2001, officials
said.

Judge Army Col. Peter Brownback dropped the charges against Canadian
detainee Omar Khadr last month on the grounds Brownback's court lacked
the jurisdiction to try him.

Khadr was 15 when he was arrested.

The inability to prosecute centered on Khadr not being labeled an
"unlawful" enemy combatant.

Last June, Brownback said new congressional rules on trying detainees
specify that a detainee must be designated an "unlawful enemy
combatant."

Pentagon officials would not release Brownback's most recent decision,
but said he ruled the prosecution had presented no new evidence or
arguments to change his mind.

The prosecution has five days to appeal to the Court of Military
Commissions Review in Washington.

"We are disappointed with the judge's decision in this matter," the
Pentagon said.

Last month, a second military judge at Guantanamo who heard a case
against the alleged driver for Osama bin Laden, Salim Hamdan, also
followed Brownback's decision to drop the charges. The judge's ruling
used the same rationale.

The Pentagon has requested a review of the decision, but a ruling has
not yet been issued.

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Hey, seems fair to me... if Scooter skates why not this guy...

Gonzo Funeral Watch: 112 days 20 hours 58 minutes and counting

--
AW

<small but dangerous>
 
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