Strengthening Constitutional Self-Government

No Left Turns

Gitmo trials and tribulations

One of my co-bloggers at Good Will Hinton is excited by this development--a case against a Canadian Gitmo detainee can’t at the moment go forward because he’s been classified as an "enemy combatant," but not as an "unlawful enemy combatant," as the Military Commissions Act of 2006 requires. They’ll likely convene another Combatant Status Review Tribunal for him to make certain that their language conforms to what the law requires--assuming, of course, that he is in fact "unlawful," i.e., that he wasn’t part of a regular force wearing a uniform, for example, when he was detained. And they’ll have to do the same for all the others, since apparently no one has been declared an "unlawful enemy combatant," as the law requires. As Andy McCarthy observes, this looks like "monumental incompetence."

But I wouldn’t go overboard in assuming that this is the beginning of the end of the military commissions, which I’m sure is the not-so-secret dream of their opponents. Indeed, I was surprised not to find any commentary yet on sites where I’d have expected it--like Prawfsblog and Volokh. If something shows up, I’ll post links.

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