S.N.A.F.U. ?

GUANTANAMO BAY NAVAL BASE, Cuba — A military judge on Monday dismissed terrorism-related charges against a prisoner charged with killing an American soldier in Afghanistan, in a stunning reversal for the Bush administration's attempts to try Guantanamo detainees in military court.

The chief of military defense attorneys at Guantanamo Bay, Marine Col. Dwight Sullivan, said the ruling could spell the end of the war-crimes trial system set up last year by Congress and President Bush after the Supreme Court threw out the previous system.
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The judge, Army Col. Peter Brownback, said he had no choice but to throw out the Khadr case because he had been classified as an "enemy combatant" by a military panel years earlier — and not as an "alien unlawful enemy combatant."

The Military Commissions Act, signed by President Bush last year, says only those classified as "unlawful" enemy combatants can face war trials here, Brownback noted during the arraignment in a hilltop courtroom.

Sullivan said the dismissal has "huge" impact because none of the detainees held at this isolated military base in southeast Cuba has been found to be an "unlawful" enemy combatant.

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The U.S. military has hoped to accelerate its prosecutions of Guantanamo detainees, with the Pentagon saying it expects to eventually charge about 80 of the 380 prisoners held at this isolated base, but questions lingered about the legitimacy of the process.