As you have probably seen by now, the military judge in Omar Khadr's case dismissed the charges against him on the ground that the MCA gives the commissions jurisdiction only over "unlawful enemy combatants," and the CSRT established only that he was an "enemy combatant." The government has indicated its intention to appeal this ruling--it has 72 hours in which to file a notice of appeal--but the Court of Military Commission Review has not been established. So, the government will be filing its appeal with a non-existent court.
Par for the course at Guantanamo.
As an astute blogger on Salon noted: "This administration even fucks up at fascism."
Read the full text of the military judge's order HERE.