The Khadr Thread

[HItorMiss]

Sadly Gap by rights he should be entitled to Consular service as a Canadian Citizen. However seeing as by act he has committed treason should that right be suspended?

 

[NL_engineer]

As long as he is locked up in Gitmo, we don't have to flip the bill; at least that would be understood by the accountants in government  ;D

 

[geo]

I think it is idiotic for this to persist / continue.
American, Australian & Brit illigal combatants have been repatriated, tried & dealt with.
I have no objection to having him serve 100 years for his deeds, once he has been found guilty. 
The US is welcome to keep him - just wish they'd get on with it and turn the page.

 

[Exarecr]

  Is not his brother zooming around on a nifty powered wheel chair after sustaining battle injuries against American Forces in Afghanistan. Anyway, this little murdering yahoo deserves to spend 25 years awaiting trial. Not costing us a penny plus we get the added bonus of seeing Dion put his rather large foot in his mouth everytime he stands up for Khadr, the poster boy for everything wrong with our immigration system.

 

[Edward Campbell]

I think it is idiotic for this to persist / continue.
American, Australian & Brit illigal combatants have been repatriated, tried & dealt with.
I have no objection to having him serve 100 years for his deeds, once he has been found guilty. 
The US is welcome to keep him - just wish they'd get on with it and turn the page.

I agree.

The US administration appears to have buggered up the enemy combatant thing beyond belief. Their own courts have said that they need to revise their rules but the administration seems hell bent on violating its own laws. Hubris might be the right word, perhaps arrogance, maybe just plain, old stupidity.

 

[GAP]

Was it not Chretien that got old man Kadar out of custody, and now Dion, another Liberal, is standing up for his son....this political party needs to decide just where they fit into the scheme of things.

 

[Edward Campbell]

Was it not Chretien that got old man Kadar out of custody, and now Dion, another Liberal, is standing up for his son....this political party needs to decide just where they fit into the scheme of things.

Yes. Jean Chrétien was trolling for ethnic votes – it was bad policy but good politics. In Canada politics almost always trumps policy, no matter which parties are involved.

Khadr, unfortunately, is a Canadian citizen who is being detained, possibly against US law, by the US government. He, being a citizen, has a right to some levels of support or protection from his own government. If we do not fight for the rights of the worst of our fellow citizens then we devalue the rights of the rest, including the best.

Two wrongs do not make a right. Chrétien was wrong when he intervened on behalf of Khadr père, he was wrong when he failed to intervene on behalf of Khadr fils; ditto Paul Martin and Stephen Harper.

 

[geo]

+1 Ed

 

[KevinB]

Khadr was engaged as an illegal combatant pursuant to the Rules of Land Warfare.

  He engage in those activties against a military force which we where part of, against one of our allies, and killed an American serviceman.
Rather than bemoan the rights that Khadr invalidated the minute he comitted treason - maybe we should look to the family of the dead SF Medic.

If I could get into Gitmo - I'd save you a lot of trouble and I'd put my 1911 against his head and shoot him dead.
  No fuss no muss and not a damn bit of concern about it either.

 

[GAP]

Now his lawyer is getting involved in it

American military lawyer rips Canadian hypocrisy on Omar Khadr
Article Link

OTTAWA - Canada has been an international leader on the plight of child soldiers but is now showing "reckless indifference" to one of its own, the American military lawyer for Omar Khadr said Thursday.

In a speech to law students at the University of Ottawa, Lt.-Cmdr. William Kuebler eviscerated the U.S. military commissions set up to try prisoners of the Afghan conflict. "Omar Khadr is facing a show trial in front of a kangaroo court," said Kuebler, dressed in his blue U.S. officer's uniform

But he spared Canadian governments past and present none of his outrage for refusing any effort to bring Khadr, a Canadian citizen, back to Canada for trial.

Kuebler was appointed by the U.S. military to represent Khadr, a 15-year-old when he was accused of killing an American special forces officer in Afghanistan in 2002. He faces a range of charges, including murder and aiding the enemy, for allegedly throwing a grenade during a firefight.

Khadr, who turned 21 this week, is believed to be the last detainee from a Western nation still being held in Guantanamo, the U.S. prisoner camp on Cuba's southern peninsula.

Countries including Australia, Denmark, France, Germany and Spain have secured the release of their citizens, while Britain has even won the freedom of non-citizen permanent residents.

Khadr's age makes his case doubly perplexing, said Kuebler.

"Every civilized legal system in the world recognizes the distinction between adults and children for purposes of criminal prosecution and punishment," he said. "Not the military commissions. One size fits all."

Evidence before a U.S. civil court suggested Khadr was as young as 10 when his father, known al Qaida operative Ahmad Khadr, recruited and indoctrinated him to the cause, said Kuebler.
More on link

 

[McG]

Though after killing an 18D and committing treason to what rights if any is he truly entailed?

Maybe to be charged in a Canadian court with treason?  Even do it in his absence.  If he is found guilty we can wash our hands of him (I'm sure the Americans would be happy to keep him for the duration of any detention he might get from a Canadian court).

 

[Boxkicker]

The fact the gov't let him (and his family) keep their citizenship when they overtly treasonous make me ill.  I wish someone would hurry up and reunite the family with the dad  :threat:

  To bad the media wont look at him and ask that if why these things were all good for a Liberal government. Why are they not good for a conservative government.

 

[GAP]

Appeals Court Rules Military Judge Has Jurisdiction Authority in Gitmo Case
By Sgt. Sara Wood, USA American Forces Press Service WASHINGTON, Sept. 25, 2007
Article Link

A military appeals court ruled yesterday that a military trial judge has the authority to determine jurisdiction in a military commission, a ruling that paves the way for proceedings to continue against suspected terrorists at U.S. Naval Station Guantanamo Bay, Cuba.
The Court of Military Commission Review made the ruling in response to an appeal filed by the prosecution in the case of Canadian detainee Omar Khadr, who was charged in April with murder, support to terrorism and conspiracy under the Military Commissions Act of 2006. On June 4, the military trial judge in Khadr’s case dismissed the charges against Khadr, ruling that the trial court did not have jurisdiction to hear the case.

This ruling was based on the fact that Khadr was officially classified as an “enemy combatant” in an administrative hearing at Guantanamo, and the Military Commissions Act requires detainees to be classified as “alien unlawful enemy combatants” before they can be tried by a commission. At the time, the judge also ruled that it wasn’t the military commission’s role to determine jurisdiction in these cases, even if the prosecution could present evidence showing the accused was an unlawful enemy combatant.

On June 8, the government filed a motion for reconsideration, which the trial judge denied on June 29. So, on July 4, the prosecution filed an appeal with the Court of Military Commission Review challenging the judge’s dismissal of the case.

Air Force Brig. Gen. Thomas W. Hartmann, the legal advisor to the Office of Military Commissions Convening Authority, said yesterday’s ruling gives the military judge authority to ascertain whether jurisdiction exists to try Khadr.

“Both the prosecution and defense have been vigorously preparing for this day, whatever the outcome,” Hartmann said. “We have a ruling from the (Court of Military Commissions Review) that tells us how the military judge can determine jurisdiction. Now it is time to move forward.”

Hartmann said he expects the prosecution to quickly begin forwarding cases to the convening authority for review. The convening authority will determine whether there is probable cause to send these cases to trial.
More on link

 

[Blackadder1916]

Appeal court gives Pentagon green light to try Khadr
Canadian's lawyer attacks legal 'gymnastics' after ruling allows terrorism case to proceed
 
Sheldon Alberts The Ottawa Citizen Tuesday, September 25, 2007

WASHINGTON - A U.S. military appeals court dealt Canadian Omar Khadr a major legal setback yesterday, overturning a decision to throw out murder and terrorism charges against the alleged al-Qaeda operative.

The decision by the U.S. Court of Military Commission Review means the Pentagon once again has the green light to put the 21-year-old on trial before a war crimes tribunal at Guantanamo Bay, Cuba.

"We welcome the court's decision and will proceed in the most expeditious manner to get military commission cases to trial," Pentagon spokesman Jeffrey Gordon said last night.

"The timeline is up to the judge. He decides when we will be back in the courtroom."

The case was thrown into legal limbo last June when army Col. Peter Brownback ruled the Bush administration's war crimes tribunals lacked jurisdiction to try Mr. Khadr because the U.S. government had made no determination whether the Canadian was an "unlawful enemy combatant." The ruling left open the possibility that Mr. Khadr was legally engaged in battle with American troops.

He is accused of killing an army medic in a battle between U.S. troops and al-Qaeda fighters in Afghanistan in the summer of 2002 when he was 15.

In its ruling against Mr. Khadr yesterday, the military appeals court agreed there was a significant distinction between a detainee's status as a lawful or unlawful enemy combatant.

But it found that Col. Brownback erred by refusing to hear evidence that Pentagon lawyers said would prove Mr. Khadr was  an unlawful combatant at the time of his capture.

Dennis Edney, one of two Canadian lawyers representing Mr. Khadr before the tribunals, said the decision confirmed his view that the Pentagon has stacked the legal deck against his client.

"It astounds me that this (U.S.) administration goes to such gymnastics to avoid giving this young man due process in an ordinary court of law with proper rules of evidence," Mr. Edney said last night.

He said he is worried the Pentagon will now rush Mr. Khadr to trial without giving his defence team proper time to prepare an appeal.

Mr. Khadr's lawyers have questioned the legitimacy of the appeals court. The three-person court was only assembled after the charges against Mr. Khadr were thrown out in June.

 

[Bruce Monkhouse]

http://www.thestar.com/News/article/277808

CBS showing of Khadr tape 'outrageous': Lawyer 
Nov 19, 2007 01:13 PM
THE CANADIAN PRESS

The lawyer of detained Canadian terror suspect Omar Khadr says it's outrageous that CBS News has broadcast a tape of his client allegedly building explosives.
Dennis Edney says that a U.S. judge previously ruled that the video couldn't be used as evidence in court.

Edney believes the American government leaked the tape to 60 Minutes in a bid to sidestep that decision.
The news program aired the tape last night.

U.S. authorities allege that Toronto-born Khadr killed an American medic in July 2002 after he threw a grenade in eastern Afghanistan.
The 21-year-old, who was charged with murder two years ago, is being held at the American naval base in Guantanamo Bay, Cuba.

 

[Big Foot]

http://www.cbsnews.com/stories/2007/11/16/60minutes/main3516048.shtml

Link to the 60 Minutes article, including video, about Omar Khadr.

 

[KevinB]

I've got something for him...

Going about 2750fps...

 

[riggermade]

Personally I wished that Canada would revoke citizenship for the whole family as they obviousely see no problem with supporting terroism and hanging would be too quick for Omar in my opinion.

If a family openly supports these terror organizations then get rid of them

 

[Greymatters]

If only it was that easy!

 

[Yrys]

Khadr lawyers accuse Cheney office of video leak

Defence lawyers for Canadian terror suspect Omar Khadr are investigating whether a video released to the media may have been leaked by the office
of U.S. Vice-President Dick Cheney. The video, broadcast last November on 60 Minutes, appears to show Khadr building a roadside bomb in Afghanistan.

Lt.-Cmdr. William Kuebler said his recent court filing cites Col. Morris Davis, the former chief proscutor of the military commission that will be trying Khadr in
Guantanamo Bay, as stating that he believes the video came from Cheney's office. That opinion was based on conversations Davis had with 60 Minutes producers,
Kuebler said. The producers of the show have refused to officially reveal how the video was obtained.

"Based on his claim or his belief, we're going to conduct an inquiry into whether or not that's true," Kuebler told CTV's Canada AM. "There's really nobody closer
to the process over the last couple of years to the process than Col. Davis. He thinks it's possible or likely this tape came from the vice-president's office, so that's
very significant." If the defence can prove that the video was in fact leaked by someone in Cheney's office, it would represent a "clear violation of the protective
orders that are in place," he said. "They prohibit me from discussing just about anything included in the government's case against my client, so if the government
isn't abiding by its own rules, I think that's a clear violation of those orders," Kuebler said.

Davis resigned from his post as chief prosecutor last October, claiming political interference was keeping him from doing his job properly.

Omar Khadr faces a trial on charges that include murder, related to a 2002 firefight in Afghanistan that left a U.S. soldier dead.

Kuebler said the military prosecutors "desperately" wanted to play the video before the media last November when the case was before the court in Guantanamo Bay.
"They didn't get the chance to do it, and low and behold it ends up on 60 Minutes a couple of weeks later," he said, adding that prosecutors have considered the video
the "smoking gun" in their case against Khadr. However, Kuebler dismissed the importance of the leaked footage. "I think the tape, at worst, if in fact it is what the
government says it is, shows that Omar Khadr was exploited and used as a child soldier by much older people in Afghanistan, which is what we've always said," Kuebler said.

Khadr's trial is expected to begin later this year. He could face a possible life sentence if convicted.