Originally Answered: The US military commision changed the charge against David Hicks, what is the new charge?
A false charge. You can't declare something a crime _after_ the act is done; that's a improper as violating double jeopardy.
The so-called "charge" the US kangaroo court martial is claiming did not exist at the time Hicks was there, "providing support to the enemy". The other things Hicks is accused of, such as training with Al Qaeda, are not crimes in an of themselves as long as he committed no violent acts against others (which, by the US's own admission, he never did). Even the Australian court system, its judges and prosecuting lawyers who _want_ to charge him, have said there are no laws on the books which can be applied against Hicks.
And there is no such thing as a "enemy combatant". No hearing on his status was ever conducted, so as per the Geneva Convention, Hicks *IS* a prisoner of war and entitled to its protections. If anyone has a valid case against the other, it's Hicks against the US government for them kidnapping him, torturing him, and violating his human rights.
Hicks was an idiot and likely brainwashed to join Al Qaeda, but you don't make up charges to fit the crime, AND you don't violate due process to do it. On top of that, it's interesting to note that the only two of the 430 kidnappees still held at Guantanamo bay (over 340 have been released without charge) that only Hicks and Jose Padilla are having charges filed against them. Padilla is incapable of defending himself or being aware of the charges against him (despite what Chicken George says) after going insane in Guantanamo: being kept in total darkness for two years while in solitary confinement and tortured will do that to you.