Today, Justice Department lawyer John O'Quinn pushed that argument further, telling Robertson that detainees charged in the commissions have no access to the district court if a military judge designates them an «unlawful enemy combatant.»
The charges were dropped against both Hamdan and Omar Khadr in 2007 because the CSRT classified him as an enemycombatant, whereas the commission only allowed detention of alien «unlawful» enemycombatants.