Court Refuses Gitmo Trial Delay Following Lawyer Feud
A federal appeals court has refused to delay the first war crimes trial at Guantanamo Bay in the case of a 21-year-old Canadian.
The U.S. Court of Appeals for the D.C. Circuit turned down the request on behalf of Omar Khadr in a brief order, SCOTUSblog reports. Khadr “had not satisfied the stringent standards required for a stay pending court review,” the court said.
Khadr was only 15 when he was captured in Afghanistan and accused of throwing a grenade that killed a U.S. soldier, the Associated Press reports. On Thursday, a military judge is scheduled to hold a hearing on whether Khadr was an unlawful enemy combatant, a finding that must be made before a trial can begin.
Khadr’s lawyers wanted the case delayed until civilian courts rule on the power of the military to try such cases. He also has a pending postponement request with a federal district court that seeks a delay until the U.S. Supreme Court decides whether the detainees have a right to habeas corpus.
Khadr’s lawyers have squabbled over defense tactics, ending with the ouster of his Canadian lawyer last week, the Ottawa Citizen reports. His military lawyer wanted to mount a public relations campaign to win support for his case while his Canadian lawyer wanted to focus on trial preparation.
The public relations tactic is similar to that used on behalf of Australian detainee David Hicks, who was returned to his home country to serve a nine-month sentence.
