Dismissed Guantanamo Charges: Legal Implications

Two military judges dismissed war crimes charges against prisoners held at Guantanamo Bay Monday. Both judges said the Bush administration had not complied with the Military Commissions Act, which it pushed through Congress last fall.

The decisions highlight a seemingly trivial but key distinction between "unlawful" and "lawful" enemy combatants, and the differences in jurisdiction over these cases.

Dahlia Lithwick, legal analyst from the online magazine Slate, talks with Madeleine Brand.

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