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Will GTMO Honor Judge’s Request for Khadr to Appear in Court?

GUANTANAMO BAY — We’ve just been informed that the recess ordered by Col. Patrick Parrish, the military judge, to ensure Omar Khadr will be advised of his fundamental rights in his military commission, has been extended to 2 p.m. But that doesn’t mean we’ll be out of the procedural thicket in another hour.

Uncomfortable with moving forward until Khadr knows his rights, Parrish told Khadr’s lawyers that either they can administer those rights by proxy at Camp Delta or he’ll order what’s called a “forced cell extraction” — having guards force Khadr into court. Khadr did not attend a pre-trial hearing this morning, and prosecutors and defense counsel sparred over whether that decision was actually voluntary.

But even if Parrish opts for the “forced cell extraction” (or FCE in military acronym-ese) that doesn’t necessarily mean Rear Adm. Thomas Copeman, the commander of the detention facility housing Khadr, will comply. “In the past Admiral Copeman has refused to do a FCE without a court order,” Navy Commander Brad Fagan, a spokesman for Copeman’s command, emailed reporters here. “As per Khadr and today’s events, we’d have to wait and see what the judge/court decides to do (i.e., if they decide to issue a court order or not).” Parrish, in other words, may have to issue a formal court order for the FCE — and see if Copeman complies.

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