Khadr’s lawyer out of hospital, fit to resume trial

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Lieutenant-Colonel Jon Jackson, Omar Khadr's military-appointed lawyer, is pictured speaking to the media in a hangar at the U.S. Naval Base in Guantanamo Bay.
(Photo by Anna Mehler Paperny/Globe and Mail)

Tuesday, August 24, 2010 – Globe and Mail
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Omar Khadr’s lawyer is out of hospital, is off painkillers and will be able to go to trial once the Canadian detainee’s Guantanamo Bay hearing resumes.

Dates for the trial, postponed for about a month after Lieutenant-Colonel Jon Jackson collapsed in pain during cross-examination, are still up in the air. But witnesses are being asked to clear their day books as part of the complex scheduling that goes into co-ordinating war-court proceedings at the U.S. naval base.

Stephen Xenakis, the retired brigadier-general and a defence-team physician in close contact with Mr. Khadr, is preparing to make his case before the war tribunal. He hopes to convince the seven-person military jury what military judge Colonel Patrick Parrish didn’t believe: that the now 23-year-old Mr. Khadr endured enough physical and psychological torment to traumatize him and render his testimony unusable.

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The Guantanamo detainee dilemma

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Monday, August 16, 2010 – Globe and Mail
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GUANTANAMO BAY — There have been calls to close Guantanamo Bay’s notorious detention centre since the first blindfolded, shackled detainees walked onto the base’s tarmac in January, 2002. But what do you do with the 176 people remaining behind the razor wire and green mesh?

As the camp’s population slowly dwindles and cases against those the U.S. government plans to prosecute inch forward, that question is becoming tricky to answer.

Who poses a risk – to the United States, or elsewhere? Who would be in danger if transported to their country of origin? What do you do if a detainee would rather stay, or if you can’t find a country willing to accept released prisoners?

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Khadr trial asks jury: Jihadist or scared teen?

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Friday, August 13, 2010 – Globe and Mail
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GUANTANAMO BAY — Omar Khadr was either an enthusiastic teen jihadist who happily planted explosive devices and comforted himself in times of loneliness with thoughts of killing U.S. soldiers.

Or he was a frightened, cowed 15-year-old, dragged by a zealous father to Afghanistan against his will, caught up with a bad crowd, taken captive while gravely wounded and tortured into submission and confession by his captors.

The 23-year-old Canadian’s military jury was presented two contrasting portraits of the young man. Duelling sides of his Guantanamo Bay war-crimes trial sought to trump each other in painting what happened during a protracted 2002 Afghan firefight that left a U.S. army sergeant dead and the then-15-year-old severely wounded in U.S. custody.

But the opening salvos in what promises to be a long battle of competing narratives were cut short Thursday when Mr. Khadr’s military-appointed lawyer passed out during cross-examination, apparently from pain related to gallbladder surgery six weeks ago.

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The jury who will decide Omar Khadr’s fate

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Thursday, August 12, 2010 – Globe and Mail
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GUANTANAMO BAY — Omar Khadr’s trial begins in earnest Thursday, with lawyers set to give opening arguments after days of grilling would-be jurors and settling on a seven-person panel to decide the fate of the first person tried in the Obama administration’s war-commissions process.

Next come witnesses for the prosecution and defence; the trial will likely go for weeks before a verdict is reached.

Eight of the original 15 members of Mr. Khadr’s jury pool were dismissed Wednesday, after lawyers made arguments to get rid of potential jurors they worry would not be sympathetic to their arguments.

Prosecution lawyer Jeff Groharing tried to convince military judge Colonel Patrick Parrish to jettison jurors who expressed reservations about Guantanamo Bay, detainee treatment and trying 15-year-olds as adults.

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With a polite introduction of the accused, jury selection begins in Khadr trial

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Wednesday, August 11, 2010 – Globe and Mail
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GUANTANAMO BAY, CUBA — A fighter pilot from the first Gulf War; a former military policewoman; a battalion commander who lost troops to an improvised explosive device in Baghdad.

Omar Khadr got his first glimpse of the people who will decide his fate in a Guantanamo Bay courtroom Tuesday. Lawyers for the prosecution and defence spent hours quizzing 15 panel members on everything from their views on al-Qaeda and prosecuting juveniles, to the ages of their children and their military experience.

The session offered a look at the individuals – all members of the U.S. armed forces – who will decide not only the verdict in the 23-year-old Canadian’s case, but also his sentence in the event of a conviction.

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Khadr’s confessions ruled admissible

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Tuesday, August 10, 2010 – Globe and Mail
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GUANTANAMO BAY, CUBA — A Guantanamo Bay military judge has dealt a blow to Canadian Omar Khadr’s legal case: All the confessions the prosecution wanted to submit at his war-crimes trial are fair game.

The decision, coming late Monday afternoon, supports the prosecution’s argument that threats of gang rape and alleged abuse in one interrogation do not taint confessions in another.

It dramatically strengthens the most serious charge against Mr. Khadr – that of murdering a U.S. Army sergeant in an Afghan firefight at the age of 15. If convicted, the 23-year-old could face life imprisonment.

Now, after formally entering a not guilty plea on his client’s behalf, Mr. Khadr’s lawyer will have to convince a panel of military jurors that the evidence against Mr. Khadr is “poisoned,” unreliable and that the case falls apart without it.

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As Omar Khadr gets ready to face military court, a letter to his lawyer highlights his angst and sense of persecution

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Monday, August 9, 2010 – Globe and Mail
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Sitting in court, heavy brows furrowed, fists propped under bearded chin and black sneakers looking out of place with loose white prison garb, he looks like a profoundly fed-up twentysomething.

But in a letter to his Canadian lawyer earlier this year, the scrawled handwriting and syncopated cadence read like those of a much younger, conflicted individual: “Sometimes there are things you can’t say, but rather write on paper, and even if i were to tell you you wont understand,” it opens. “So anyway here are the things.”

“It seems that we’ve done everything,” he adds later in the letter released recently by the lawyer, “but the world doesn’t get it. … I really don’t want to live in a life like this.”

“I hate being the head of the speer, Dennis.”

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Lawyer’s illness delays Khadr trial for a month

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Saturday, August 14, 2010 – Globe and Mail
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GUANTANAMO BAY — Eight years after he was taken into U.S. custody, five years after charges were first filed and just a day after opening arguments, the latest obstacle to Omar Khadr’s war-crimes trial going forward is not a defence motion, a Supreme Court ruling or a president hoping to close Guantanamo Bay. It is one lawyer in a lot of pain.

Lieutenant-Colonel Jon Jackson, the military-appointed lawyer Mr. Khadr tried to fire last month and the only person authorized to represent him in the trial that could lock him up for life, was to be evacuated from Guantanamo Bay after collapsing in court Thursday.

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In plea to U.S. supreme court, a last-ditch attempt to stop Khadr trial

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Wednesday, August 4, 2010
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The military-appointed lawyer Omar Khadr tried to fire last month has launched a last-ditch attempt to stop the military tribunal that could lock up the 23-year-old Canadian for life, petitioning the U.S. Supreme Court to halt the proceedings.

It’s the top court’s obligation to stop a trial that might be illegal in the first place, Lieutenant-Colonel Jon Jackson argues – especially because the results of next month’s court proceedings in Guantanamo Bay could result in a life sentence for Mr. Khadr.

“The potential harm to the petitioner [Mr. Khadr] is enormous – subjection to a trial on a potential life sentence that is entirely illegitimate and should not even have been charged, much less tried,” the petition reads.

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Green energy plan gives Ontario tourist town the blues

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Monday, August 2, 2010 – Globe and Mail
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BALA, ONT. — The view from the teal-tinged, bobbing wooden dock at Purk’s Place is cottage country – bucolic and conflicted.

To the right, Lake Muskoka, dotted with homesteads and holiday places on tiny islands; to the left, a railway bridge, century-old dam and the whoosh of Bala Falls dropping into Moon River.

And a string of neon-orange warning buoys: Dam ahead – keep away.

But what has residents, businesses and cottagers here on edge is not the existing pair of dams, both dating to the late 19th century. It’s a hydroelectric generator to be built metres away from the falls at the centre of town – 4.3 megawatts worth of Ontario’s vaunted goal to become North America’s green energy capital.

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