The article reports:
…However, Brig Gen Mark Martins, the chief prosecutor, said the charge of conspiracy should be dropped because it was no longer “legally viable” following a court ruling that conspiracy – a charge that seeks to punish suspects for association with al-Qaeda – was not a recognised war crime under international law. This meant it could not legitimately be brought before a war-crimes tribunal such as Guantánamo.
The ruling by an appeals court in Washington DC overturned the conviction against Osama bin Laden‘s driver, Salim Hamdan, and has also undermined the conviction of Ali Hamza al-Bahlul, who made al-Qaeda propaganda films.
This is what happens when civilian courts get involved in military matters. The decision opens the door for appeals of all the charges being faced by the September 11 co-conspirators and Abd al-Rahim al-Nashiri, who was convicted in Yemen over the bombing of USS Cole.
Hopefully someone with some common sense will get involved in this situation.