Brownback did say many Guantanamo prisoners merited the "unlawful" designation because most were foreigners fighting for irregular forces like Al Qaeda and Afghanistan's Taliban, not uniformed members of a national army.
Khadr was only 15 when he was captured by U.S. forces at an Al Qaeda compound in Afghanistan. He entered the courtroom in the tan prison garb that designates a compliant detainee according to military-detention regulations, instead of the civilian clothing the court advises defendants to wear to avoid appearing like a prisoner before the commissioners -- who were not present Monday.
For The Record
Los Angeles Times Thursday June 07, 2007 Home Edition Main News Part A Page 2 National Desk 2 inches; 69 words Type of Material: Correction
Guantanamo cases: An article in Tuesday's Section A about dismissal rulings in two Guantanamo cases misquoted John D. Hutson, a former Navy lawyer and now dean of Franklin Pierce Law Center in New Hampshire. In assessing the significance of detainees who have faced trial at Guantanamo Bay, Hutson said, "We aren't exactly talking about Himmler and Goering, so far," not "Hitler and Goering," as it appeared in the article.
His beard was scruffy and his hair matted, whereas he had appeared neatly barbered in khakis and a sport shirt during his last commission appearance 16 months ago.
Hamdan hadn't been in court for nearly three years because a federal judge had issued a stay in his and two other cases. A slight man who smiled with his attorneys, he clearly had difficulty understanding the Arabic translation or much of the proceedings.
Human-rights lawyers hailed the twin rulings as an admission that the commissions are "fatally flawed" and should be abandoned in favor of military courts-martial or trials in U.S. federal courts.
"Allred questioned the president's ability to designate an entire class of people as enemy combatants without any inquiry into the actual facts," said Jennifer Daskal of Human Rights Watch.
"Today's ruling is the most significant setback since the U.S. Supreme Court threw out the original military commissions," said Jumana Musa of Amnesty International. "It also signals that these commissions need to be scrapped and the detention facility at Guantanamo Bay must be closed now."
Navy Cmdr. Jeffrey D. Gordon, a Pentagon spokesman, said Monday that the Pentagon would review the rulings but believes the new law and older tribunals' status are legally compatible.
John D. Hutson, a former top Navy judge advocate general and a critic of the tribunal system, said the commissions are unlikely ever to be known for prosecutorial success.
"Look at the cases we have had. So far, we've had a kangaroo-skinner and a chauffeur," Hutson said, referring to Hicks and Hamdan. "We aren't exactly talking about Hitler and Goering, so far."
But he said he doubted that Monday's rulings would be the fatal blow.
carol.williams@latimes.com
julian.barnes@latimes.com
Times staff writer Peter Spiegel contributed to this report from Kyrgyzstan.
