the Afghan Interior Ministry said two other men had confessed to throwing the grenade into the U.S. jeep. Frakt intended to call Vandeveld as a defense witness about due process issues. In addition, Vandeveld said he had hoped to arrange a plea deal for Jawad. Vandeveld's superiors banned him from testifying for the defense and said they would do no plea deal. Vandeveld resigned and later testified about the due process issues in court. He was the fourth military prosecutor to resign because of problems with the system of military tribunals. In October 2008, judge Col. Henley determined that the two confessions Jawad made to Afghan and U.S. officials on December 17, 2002, were both inadmissible due to being obtained as a result of torture and intimidation. Afghan policemen had threatened to kill him and his family unless he confessed. Col. Henley ruled that Jawad's confession in U.S. custody was also inadmissible because of the earlier torture; in addition the U.S. interrogator had blindfolded and hooded Jawad in order to frighten him. In Boumediene v. Bush (2008), the Supreme Court ruled that detainees could have direct access to federal courts for habeas corpus cases. By the time of his military commission, Mohamed Jawad also had a habeas case pending in the US District Court for the District of Columbia. Following US District Court Judge Ellen Huvelle's ruling in Jawad's habeas corpus case in federal court that he was a noncombatant, Maj. Frakt filed a motion on July 28, 2009, with his military commission asking for dismissal of his charges and release to freedom. Release order and possible trial in a civilian court Judge Huvelle was assigned Jawad's habeas corpus petition. He was represented by Joshua Haifetz of the American Civil Liberties Union (ACLU). On July 17, 2009, Judge Huvelle ruled that the Jawad's confessions were coerced, and thus inadmissible. She gave the Department of Justice a deadline of July 24, 2009, to produce another justification for holding Jawad as an enemy combatant. On July 24, the Department of Justice acknowledged it lacked the evidence necessary to justify holding Jawad as an enemy combatant. According to Reuters, the Department of Defense announced it was "taking steps to house" Jawad at an "appropriate facility" in Guantanamo. United States Attorney General Eric Holder has said that he has ordered a new criminal investigation. The Justice Department said the new investigation is examining videotapes