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Obama did not seek to dismiss charges- he's looking for a 120 day CONTINUANCE as the best legal path is worked out. He's NOT ordering charges dropped, nor is he letting the guy go. (If it causes fear and confusion among us, we've got to learn what's going on. if this issue were causing fear and confusion among Obama’s followers, I'd say let it roar as long as we know the truth).

http://www.freerepublic.com/focus/news/2179278/posts?page=1

President Obama has expressed concern about whether the military commissions set up by the Bush administration are the proper way to go forward in pursuing charges against the U.S. detainees, and on January 22 he asked all the judges supervising the trials of detainees for a continuance of 120 days, so a team of administration officials could review the best way forward.

In almost the cases, that continuance request was granted. But last week the judge supervising the al-Nashiri trial — Army Col. James L. Pohl, the chief judge at the Guantanamo Bay war crimes court — said he would not heed President Obama’s request for a 120-day continuance, or delay, in prosecutions of terrorism suspects. Pohl called the president's request “not reasonable” and not “in the interests of justice.”

The arraignment of al-Nashiri is scheduled for Monday, February 9.