The Administration has now realized trying a Canadian accused of murder for killing someone in an active battlefield as a teenager exposes the Gitmo show trials as a kangaroo court. But they don’t know whether they have the authority to intervene to stop it.

Justice has been discarded in favor of political expediency at Guantanamo, as Judge Patrick Parrish has allowed Omar Khadr’s confessions to be admitted into evidence in his military commission trial. Included among the confessions is one obtained by convicted torturer Joshua Claus under threat of rape and/or death for the then 15 year old suspect.

An important new filing by military JAG defense counsel in the Military Commission proceeding USA v. KSM, et al. challenges the validity of the 2006 MCA, which has been passed in revised form by the Senate as part of its FY 2010 Defense Authorization Act.