The Military Commissions Act was written and enacted in a rush by Republican lawmakers well aware they were about to get their asses kicked to the curb by the American people.
That it was a rush job can be seen by the fact that even a hand picked team of military judges didn't feel able to ignore the fact that the Act covers unlawful enemy combatants only - and not a single Guantanamo prisoner including Khadr has yet to be so designated.
Of course this means that Khadr's time in Gitmo will simply be longer - although the Americans have made it clear that even if anyone at Camp X Ray is actually found not guilty they are still subject to detention without appeal 'for the duration of hostilities' in the war on terror - IE: forever.
Australia actually stood up for their citizen David Hicks, but the Khadrs are brown and unsympathetic and the Harper government has been too busy accusing political foes of being 'pro-Taliban' to protect a child soldier who was fifteen when he was captured.
The gulag continues.
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