The government can appeal, but the appellate court appears not to exist yet.

The SecDef can create rules for a CSRT to declare someone to be an unlawful enemy combatant, but such rules cannot go into effect for 60 days and then there has to be a new CSRT.

Or they can try Khadr before a General Court Martial. Nothing in this case presents the special circumstances where a military commission has some advantage. There is no classified information to keep from the accused. It is mostly a straight forward charge of murder with about a dozen witnesses. This particular case would be about the same when tried before either a Court Martial or a commission, and a Court Martial can try both lawful and unlawful enemy combatants and could start immediately. So the most efficient approach is to try Khadr before a Court Martial and then fix the CSRT process for later defendents where the difference really matters.