As explained in this diary, the Obama DOJ is delaying habeas corpus for Mohammed Jawad, a 22-year old Afghan national captured as a teenager 6 years ago & imprisoned at Guantánamo. The Obama DOJ decided to not modify Bush’s motion to dismiss or hold in abeyance until after a military trial. Only Obama has halted all military proceedings, which may not recommence for at least 120 days.
Jawad is a good case for Obama to start distancing himself from Bush. There is no allegation that Jawad is a member of al-Qaeda or the Taliban, that he committed terrorism or ever had critical intelligence. This is the “first war crimes trial against a child soldier (pdf file) in the history of the civilized world.” Yet, a military judge has already tossed the “torture-tainted evidence against Jawad” in a case of regular criminal justice crimes, like attempted murder.