The trial, if it occurs, will start at the end of January.

“Child soldier” trial can go on
Monday, November 24th, 2008 7:48 pm | Lyle Denniston

A federal judge ruled on Monday that a civilian court has no authority to block a military trial on war crimes charges in the case of a Canadian who contended that he was too young to be prosecuted. He must await the trial before making his challenge, the judge decided.

In a 19-page ruling, District Judge John D. Bates denied review at this time on part of the claims by Omar Khadr seeking to challenge his military commission trial, and ruled that the court had no authority to consider another challenge. ....

Khadr was 15 years old at the time of his capture in Afghanistan in July 2002. He was taken to Guantanamo Bay later that year. He has been declared an “enemy combatant” and has been charged with war crimes for his role in a firefight in Afghanistan that left an American soldier dead.

His trial has been scheduled to begin Jan. 26 at Guantanamo, and Judge Bates’ decision clears the way for it — provided the ruling withstands any appeal and that President-elect Barack Obama does not take action to close down the military commission system at Guantanamo. ....
http://www.scotusblog.com/wp/child-s...ial-can-go-on/

The judge's opinion & order are here.

http://www.scotusblog.com/wp/wp-cont...s-11-24-08.pdf

http://www.scotusblog.com/wp/wp-cont...r-11-24-08.pdf

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Khadr's three claims, all based on his age when captured, were not decided on their merits. The judge retained jurisdiction pending the MCA trial and all appeals from it, where Khadr must first raise those issues (which are not directly constitutional claiims). After that process is concluded, the habeas case could be resumed.