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Carol Rosenberg, writing in the Miami Herald, reported that Paul scheduled hearings for January 6, 2010, to determine whether Al Qosi met the eligibility criteria as an illegal enemy combatant as laid out in the Military Commissions Act of 2006.
Colonel Peter Brownback, the Presiding Officer of Omar Khadr's military commission, was expected to make a ruling as to whether Khadr was an "illegal enemy combatant".