It is in the legal record now - updated with link

FishOurofWater reports at Daily Kos:

Major David J.R. Frakt gave a blistering argument, a virtual indictment of Cheney, Rumsfeld and Gonzales for enabling war crimes in his request for pre-trial dismissal in the case of United States v. Mohammed Jawad, the 12 year old child that was tortured by the United States then held in Gitmo indefinitely. The Court has now ordered the release of Jawad.

Sadly, this military commission has no power to do anything to the enablers of torture such as John Yoo, Jay Bybee, Robert Delahunty, Alberto Gonzales, Douglas Feith, David Addington, William Haynes, Vice President Cheney and Donald Rumsfeld, for the jurisdiction of military commissions is strictly and carefully limited to foreign war criminals, not the home-grown variety. All you can do is to try to send a message, a clear and unmistakable message that the U.S. really doesn’t torture, and when we do, we own up to it, and we try to make it right.

FishOutofWater concludes:

JAG Fract, by winning this case with this damning evidence has put into the legal record, a basis for trying Yoo, Cheney, Rumsfeld and other high level Bush administration officials as war criminals.

It's past time to appoint a special prosecutor.

However, if American courts don't act there is now a clear case on the record for action in the Hague or other courts to try Cheney, Rumsfeld and other high level Bush administration officials for war crimes.

The petition to the Department of Justice to appoint a special prosecutor may be found here.

--the BB