Military judge Col. Douglas K. Watkins issued a ruling on June 4 holding that military judges have "legal authority to grant administrative credit as a remedy for illegal pretrial punishment." The ruling came in the case of Majid Khan, a detainee at Guantanamo Bay who pleaded guilty in February 2012 to charges stemming from his helping to finance a 2003 al-Qaeda attack in Indonesia that killed 11 people. Khan was detained by the CIA from 2003-2006 and alleges that he was tortured while in custody. Col.
In the wake of the September 11 terrorist attacks, the Bush administration revived the long stagnant precedent of Ex Parte Quirin to establish military commission trials for individuals detained during the Global War on Terror. Ever since, the administration, Congress, and the courts have been working out the details of the system, litigating the details on statutory, constitutional, and policy grounds, and struggling to bring key terrorist figures to trial. The Obama administration has been less than enthusiastic about pursuing charges using military commissions, though it has pursued some, and some of these trials have already dragged on for years.