The Obama administration is now considering reinstating the Military Commissions Act after a four-month suspension, in contradiction to the president’s promise to end military tribunals for detainees and to close down Gitmo.
An Australian imprisoned at Guatanamo Bay for the last five years will be the first Gitmo prisoner to be tried under a new U.S. law authorizing special military trials of alleged enemy combatants. An initial hearing will be held within the month for 31-year-old David Hicks, accused of helping the Taliban combat American troops in Afghanistan.
A federal appeals court has upheld the Military Commissions Act, denying Guantanamo detainees access to the U.S. judicial system. Attorneys for the detainees said they would appeal the 2-1 decision, which fell along party lines, to the Supreme Court.