WASHINGTON - A U.S. Court of Appeals has reserved judgment on whether it will weigh in on Omar Khadr's case.
Khadr's defence team has asked the court to reconsider a decision last year by a special military court that put Khadr's terrorism case back on track in Guantanamo Bay.
But the U.S. government argues the appeals court has no jurisdiction until the Canadian terror suspect has gone through a full trial before the military tribunal.
Justice Department lawyer John De Pue says military commission rules only provide the appeals court with exclusive jurisdiction to review any final judgment against Khadr.
Lawyer Karl Thompson, arguing for the defence, says it's not even clear yet that Khadr is an "unlawful'' enemy combatant who should be standing trial. He says he thinks the three judges from U.S. Court of Appeals for the District of Columbia Circuit will be inclined to side with the government.
Khadr is accused of throwing the grenade that killed a U.S. soldier during a firefight in Afghanistan in 2002 and faces life in prison if convicted. His next hearing is scheduled for May 8 at the U.S. prison camp in Cuba.
