I tend to agree with you. I don’t think the judge had much choice and the possibility Obama’s DOJ sabotaged the case can’t be dismissed out of hand.
I’ve been trying to find some info on the circumstances of Fouad al Rabiah’s apprehension, but no luck yet. He was one the people participating the phony flush the Koran down the toilet claims however.
I guess if you can’t question them and can’t detain them, then just shoot them if circumstances justify that.
I think the White (or is it Rat?) House has picked a “propaganda case” to send to a court. They’ve been letting these guys go right and left, and if the situation is as stated I don’t know why else Bummer bothered to challenge it.
According to an assertion on his wikipedia page he was captured at a checkpoint in Jalalabad while fleeing with the Taliban during the fall of their regime in 2001.