The suspect case against Omar Khadr

WaPo's Peter Finn sketches out the case of Omar Khadr, the Canadian Gitmo detainee picked up in Afghanistan when he was 12 for allegedly throwing a grenade at American soldiers. His military tribunal is set to begin soon. It will likely be the first such military commission trial under the Obama administration. His age at the time of the incident has been the focus of controversy, as well as the sketchy evidence behind the case, and whether he could've even been capable of throwing the grenade at the time.

The final portion of the piece focuses on that suspect evidence, as well as the unlawful legal system set in place by the Obama administration:

Defense lawyers said Holder's assignment of the Khadr case to the military illustrates the Obama administration's acceptance of a two-tier system of justice in which flawed evidence that would be disallowed in federal court can be admitted in a tribunal.

The government defends its decision.

"The forum decision in the Khadr case was made after a careful assessment of all the factors identified" in a protocol developed by the Justice and Defense departments, said Dean Boyd, a Justice Department spokesman. "Although we cannot discuss how all the protocol factors were applied to the Khadr case or other specific cases, we note that this case involves a grenade attack on U.S. soldiers in a war zone, that the defendant was apprehended in a war zone in the context of active hostilities, and that the case was initially investigated and evidence gathered by military personnel."

Flowers, Khadr's attorney, said government lawyers indicated at a meeting in early November that they would introduce statements in a military commission that they would not use if the case went to federal court. A Pentagon spokeswoman declined to discuss any meeting with the defense.

Khadr's attorneys said the government's case is riddled with problems.

They said that their client was tortured in military custody and that all statements, even if given later and seemingly voluntarily to FBI agents, are contaminated by the alleged earlier abuse, which, they said, included threats of rape, stress positions and the use of snarling dogs.

Flowers also challenged the government's contention that Khadr threw the grenade that killed Speer. "The evidence," he said, "is extremely problematic."

But soldiers involved in the firefight that led to Speer's death and Khadr's capture have no such doubts. Morris, the blinded Special Forces soldier, who lives in Utah, said Khadr should remain in U.S. custody.

"Mr. Khadr is where he needs to be, and he needs to stay there for a long time," Morris said.

As far as Holder's concerned, this New Yorker piece masterfully outlines the KSM controversy and the political point-scoring done by Republicans on the issue of terrorism in the Obama era. But with the Khadr case in mind, the administration's two-tiered legal system is especially a tough pill to swallow when Holder says stuff like this:

“The quest for justice, despite what your contemporaries might think, that’s toughness. The ability to subject yourself to the kind of criticism I’m getting now, for something I think is right? That’s tough.” He paused, and added, “This is something that can get a rise out of me, the notion that somehow Eric Holder and Barack Obama, this Administration, is not tough. We have the welfare of the American people in our minds all the time. We’ll fight our enemies, and we’ll do that which is necessary, and we won’t turn our backs on the values and traditions that have made this country great. That is what is tough.”