According to Edwards, some Obama appointees had tried to get new rules that would have caused the Prosecution to abandon charging Guantanamo captives such as Omar Khadr with murder.
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On December 3, 2009, Carol Rosenberg, of the Miami Herald, reported on a hearing before Lieutenant Colonel Nancy Paul, the Presiding Officer of the Military Commission for US v. Al Qosi. She wrote that Paul was the first Presiding Officer to address the implications of the new act.
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This was one day before the first new hearing in the case of the Canadian citizen Omar Khadr, who had been detained since 2002 at Guantanamo and was the last Western citizen held.
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On October 28, 2009, President Obama signed into law the Military Commissions Act of 2009, which amended the Military Commissions Act of 2006 and provided new rules for the handling of commission trials and commission defendants' rights.