[JURIST] The Pentagon Tuesday declared its intention to "expeditiously" move forward with the trial of Guantanamo Bay detainee Omar Khadr [JURIST news archive], following a Monday decision [PDF text] from the Court of Military Commissions Review (USCMCR) [DOD materials] granting jurisdiction to military trial judges to hear the case. In June, a military commission judge dropped terrorism charges [order, PDF; JURIST report] against Khadr, ruling that the court had no jurisdiction because a Guantanamo Combatant Status Review Tribunal [DOD materials] had found that Khadr was an "enemy combatant," not an "unlawful enemy combatant" as required under the Military Commissions Act of 2006 (MCA) [PDF text]. The appeals court reversed that ruling, finding that the distinction was purely semantic; that the military judge had the power to hear evidence concerning, and ultimately decide, Khadr's "unlawful enemy combatant" status; and that the language of MCA Section 949a(a) and 948b(c) clearly show that

Congress intended for military commissions to "apply the principles of law" and "the procedures for trial [routinely utilized] by general courts-martial..." This would include the common procedures used before general courts-martial permitting military judges to hear evidence and decide factual and legal matters concerning the court's own jurisdiction over the accused appearing before it.