of the "easiest" cases to prove, the United States selected him as one of ten detainees to be charged under this new system. The chief prosecutor Fred Borch attracted internal complaints (discussed publicly in 2006) while court challenges to the process were proceeding. He was replaced by Robert L. Swann, who was replaced in September 2005 by Col. Morris Davis. On November 7, 2005, Khadr was formally charged with murder by an unprivileged belligerent, attempted murder by an unprivileged belligerent, aiding the enemy and conspiracy with Osama bin Laden, Ayman al Zawahiri, Sayeed al Masri, Muhammad Atef, Saif al-Adel, Ahmed Khadr "and various other members of the al Qaida organization". The United States government informally indicated they would not seek the death penalty for Khadr. On December 1, 2005, the officers were appointed to Khadr's specific commission. Capt. John Merriam was made Khadr's official defence attorney, but agreed with counsel Muneer Ahmad that he lacked trial experience as a defence attorney, and both men requested that he be replaced. Lt. Col. Colby Vokey was named as Merriam's replacement. On January 11, 2006, Khadr appeared at his pre-trial hearing wearing a Roots Canada T-shirt, leading judge Robert Chester to order him to wear more suitable attire in the future. The following day, he wore a blue-checkered shirt. Chester insisted that both the prosecution and defence stop referring to Khadr as "Omar" and instead use "Mr. Khadr" to denote the serious nature of the charges facing him. The defense attorney Vokey, a Marine attorney, retired after he was disciplined for calling the tribunals a "sham" that left him feeling "disgusted". Khadr and the other nine detainees who faced charges were transferred to solitary confinement on March 30. Six days later, Khadr wrote a note to the court saying, "Excuse me Mr. Judge, ... I'm being punished for exercising my right and being co-operative in participating in this military commission. For that, I say with my respect to you and everybody else here, that I'm boycotting these procedures until I be treated humanely and fair." The commissions were struck down as unconstitutional on June 29, 2006, by the U.S. Supreme Court ruling in Hamdan v. Rumsfeld, which stated that "The military commission at issue lacks the power to proceed because its structure and procedures violate both the UCMJ and the four Geneva Conventions signed in 1949." Davis resigned as the Guantanamo prosecutor on