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U.S. v. KHADR

No. CMCR 07-001.

717 F.Supp.2d 1215 (2007)

UNITED STATES of America, Appellant v. Omar Ahmed KHADR, Appellee.

United States Court of Military Commission Review.

September 24, 2007.

Attorney(s) appearing for the Case

For Appellant: Francis A. Gilligan (argued); Major Jeffrey D. Groharing , JA, U.S. Army (on brief); Captain Keith A. Petty , JA, U.S. Army (on brief); Lieutenant Clay G. Trivett, Jr ., JAGC, U.S. Navy (on brief).

For Appellee: Lieutenant Commander William C. Kuebler , JAGC, U.S. Navy (on brief; argued); Rebecca S. Snyder (on brief); Dennis Edney (on brief); Nathan Whitling (on brief; argued).1

Amicus Curiae for Appellee: Frank W. Fountain (on brief); Madeline Morris (Professor of Law, Duke University)(on brief); Stephen Bornick (Special Editorial Associate for Professor Morris)(on brief); Landon Zimmer (Special Editorial Associate for Professor Morris)(on brief); Allison Hester-Hadded (law student, Duke University)(on brief).

Before ROLPH, FRANCIS, HOLDEN, Appellate Military Judges.

OPINION OF THE COURT AND ACTION ON APPEAL BY THE UNITED STATES FILED PURSUANT TO 10 U.S.C. § 950d

ROLPH, Deputy Chief Judge.

In this appeal by the Government (hereinafter Appellant) we are called upon to interpret for the first time the jurisdictional provisions contained in the Military Commissions Act of 2006 (hereinafter M.C.A.)2 as they relate to the trial by military commission of a Canadian citizen...

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