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Home Front: WoT
Bin Laden's driver sentenced to less than six years
2008-08-08
A jury of US military officers sentenced Osama bin Laden's driver to just 5 1/2 years in prison on Thursday for supporting terrorism, concluding the first US war crimes tribunal since World War II.

The sentence delivered by the same six jurors who convicted Yemeni captive Salim Hamdan in the tribunal at Guantanamo prison camp fell far short of the 30 years sought by military prosecutors.

But the Pentagon said Hamdan would continue to be held at the end of his sentence as an "enemy combatant."

The judge gave Hamdan credit for 61 months of the time he has been held at Guantanamo, so he could finish his sentence in five months -- shortly before the next U.S. president takes office. "After that, I don't know what happens," the judge, Navy Capt. Keith Allred, told Hamdan. "I hope the day comes when you return to your wife and your daughters and your country.

"Inshallah," the judge added. Hamdan was the first Guantanamo detainee to be tried by the controversial tribunal system set up by the Bush administration to try non-U.S. captives on terrorism charges outside the regular US courts.

The Pentagon said the sentence did not mean Hamdan would soon walk free. "He'll still be retained as an enemy combatant. But as an enemy combatant, he then becomes at that time eligible for the annual review board process to determine whether he's eligible for release or transfer," Pentagon spokesman Bryan Whitman told reporters.

Hamdan raised both hands high in the air and waved them in a display of elation or victory or both as the guards led him out of the courtroom at the remote U.S. naval base in Cuba. He was captured in Afghanistan in November 2001 after the US invasion that followed the Sept. 11 attacks and sent to Guantanamo in May 2002.

The judge gave him credit for time served since July 1, 2003, the day he was declared eligible for trial. His status changed on that day from battlefield detainee to pretrial detention, the judge said.

The Guantanamo tribunal on Wednesday convicted him of providing material support for terrorism by working as a driver and occasional armed bodyguard and weapons courier for bin Laden in Afghanistan from 1996 to November 2001. But it cleared him of charges of joining al Qaeda's murderous conspiracies. Hamdan apologized in his sentencing hearing for any pain his services to al Qaeda caused its US victims.

"I don't know what could be given or presented to these innocent people who were killed in the US," Hamdan told the jury of six military officers. "I personally present my apologies to them if anything what I did have caused them pain," he said through an Arabic-English interpreter.

Prosecutor John Murphy had asked for a sentence of at least 30 years, long enough "it forecloses any possibility that he reestablishes his ties with terrorists."

Defense lawyer Charles Swift said Hamdan deserved a sentence of less than four years because his cooperation with US intelligence services more than outweighed his culpability as a member of bin Laden's motor pool.
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Home Front: WoT
Bin Laden driver to seek leniency from Gitmo jury
2008-08-07
GUANTANAMO BAY NAVAL BASE, Cuba - Osama bin Laden's former driver is expected to ask the Pentagon jury that convicted him of a war crime to spare him from life in prison Thursday, his defense lawyers said.
I notice he doesn't protest his innocence...
Salim Hamdan wiped tears from his face on Wednesday as the panel of six military officers delivered a split verdict at the first U.S. war crimes trial since World War II, declaring him guilty of aiding terrorism but acquitting him of conspiracy.
Awww, c'mon Brave Jihadi. Turn that frown upside down...
The tribunals' chief prosecutor, Army Col. Lawrence Morris, said the failure to convict Hamdan of both charges will factor into the sentence his team recommends Thursday inside the hilltop courthouse on this U.S. Navy base. Hamdan is eligible for a maximum life sentence. "We of course have to prepare our sentence recommendation consistent with what the jury found," Morris said. The verdict will be appealed automatically to a special military appeals court in Washington. Hamdan can then appeal to U.S. civilian courts as well.
I'm sure Ruth Bader Ginsberg is putting out his milk and cookies right now.
Can't wait to read Justice Kennedy's opinion ...
Deputy White House spokesman Tony Fratto applauded what he called "a fair trial" and said prosecutors will now proceed with other war crimes trials at the isolated U.S. military base in southeast Cuba. Prosecutors intend to try about 80 Guantanamo detainees for war crimes, including 19 already charged. But defense lawyers said Hamdan's rights were denied by an unfair process, hastily patched together after Supreme Court rulings that previous tribunal systems violated U.S. and international law. "History and world opinion will judge whether the government proved the system to be fair," Hamdan's lawyers said in a statement.
Counselor, in two weeks nobody will remember the guy's name...
Hamdan, a Yemeni, did not testify before the jury during his trial, but defense attorney Harry Schneider said the prisoner planned to ask for leniency at the sentencing hearing in either live testimony or a written statement to the jurors.

Hamdan has been held at Guantanamo since May 2002. The military has not said where he would serve a sentence, but the commander of the detention center, Navy Rear Adm. David Thomas, said last week that convicted prisoners will be held apart from the general detainee population.
And now...the inimitable AP spin.
Under the military commission, Hamdan did not have all the rights normally accorded either by U.S. civilian or military courts.
That's because he's not a U.S. citizen, not a member of the U.S. military, and doesn't have any rights under the Geneva Protocols.
The judge allowed secret testimony and hearsay evidence. Hamdan was not judged by a jury of his peers and he received no Miranda warning about his rights.
Sounds like they think he was driving without insurance.
When was the last time anyone read a captured person his 'rights' on a military battlefield? And when was the last time anyone on a battlefield as unclear on the concept of surrender? You stick your mitts in the air and hope like hell the guys on the other side don't shoot you for sport.
Hamdan's attorneys said interrogations at the center of the government's case were tainted by coercive tactics, including sleep deprivation and solitary confinement.
However, his head is still attached to his body...
We frequently confine people to solitary in American county jails. And you try sleeping in a county jail. Are we depriving everyone in a county jail their rights?
They didn't put panties on his head, did they? I don't think I could live with that...
All that is in contrast to the courts-martial used to prosecute American troops in Iraq and Vietnam, which accorded defendants more rights.
Because they were Americans, dummy ...
The five-man, one-woman jury convicted Hamdan on five counts of supporting terrorism, accepting the prosecution argument that Hamdan aided terrorism by becoming a member of al-Qaida in Afghanistan
That's kinda aiding terrorism by definition, even if you're a cook. Or a driver.
and serving as bin Laden's armed bodyguard and driver while knowing that the al-Qaida leader was plotting attacks against the U.S. But he was found not guilty on three other counts alleging he knew that his work would be used for terrorism and that he provided surface-to-air missiles to al-Qaida.
Pay no attention to those missiles in the back seat.
He also was cleared of two charges of conspiracy alleging he was part of the al-Qaida effort to attack the United States -- the most serious charges, according to deputy chief defense counsel Michael Berrigan. Berrigan noted the conspiracy charges were the only ones Hamdan originally faced when his case prompted the Supreme Court to halt the tribunals. Prosecutors added the new charges after the Bush administration rewrote the rules. "The problem is the law was specifically written after the fact to target Mr. Hamdan," said Charles Swift, one of Hamdan's civilian lawyers.
Christ, this guy's got more lawyers then OJ had...
The military judge, Navy Capt. Keith Allred, gave Hamdan five years of credit toward his sentence for the time he has served at Guantanamo Bay since the Pentagon decided to charge him.
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Home Front: WoT
Military prepares for war crimes trial at Gitmo
2008-07-19
GUANTANAMO BAY NAVAL BASE, Cuba (AP) - A jury of military officers is traveling to Guantanamo Bay this weekend as part of final preparations for the first U.S. war crimes trial since World War II.

The panel members have been hand-picked by the Pentagon to hear the case of Salim Hamdan, a former driver and alleged bodyguard for Osama bin Laden whose trial is scheduled to begin Monday inside a hilltop courthouse overlooking an abandoned airstrip.

The judge, Navy Capt. Keith Allred, is still sorting through a thicket of unresolved legal issues. The case cleared a major hurdle this week when a U.S. federal court refused to halt the trial, and Allred showed little patience as he tackled the last remaining obstacles at a hearing Friday on this U.S. base.
At one point, he threatened to postpone the trial unless the government allows defense lawyers to interview "high-value" detainees at Guantanamo whom they intend to call as witnesses. "I think we've come to the point where the government needs to move," Allred told prosecutors. The chief prosecutor later said the government will comply with the order.

The Pentagon official who oversees the tribunal system, Susan Crawford, selected the 13 potential jurors from the various armed forces branches. At least five will be seated for the trial.
Here's hoping all 13 have served in Iraq and/or Afghanistan ...
Hamdan, a Yemeni, was captured at a roadblock in Afghanistan in November 2001 and accused of helping bin Laden to escape U.S. retaliation following the Sept. 11 attacks. He faces up to life in prison if convicted of conspiracy and supporting terrorism.

His defense attorneys asked the judge Friday to throw out statements Hamdan made to interrogators, arguing they were tainted by "coercive" tactics such as sleep deprivation and sexual humiliation. The chief prosecutor, Army Col. Lawrence Morris, denied the abuse allegations and said his team is prepared for trial regardless of how the judge rules.

Prosecutors have said they plan to introduce 22 witnesses for a trial that is expected to last about three weeks. Hamdan's Pentagon-appointed attorney, Navy Lt. Cmdr. Brian Mizer, is seeking access this weekend to three senior al-Qaida suspects including Sept. 11 mastermind Khalid Sheikh Mohammed as potential witnesses. He says their testimony will prove Hamdan was merely a low-level member of bin Laden's motor pool. Prosecutors have objected to any testimony from the high-level Guantanamo detainees, arguing they could reveal details of CIA interrogations that are considered top national security secrets. But Allred has made clear their input will be allowed in some form.
We'll see if these tribunals work or are just another excuse for waging law ...
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Home Front: WoT
Bin Laden's driver to receive POW review
2007-12-20
A US military judge agreed to decide whether Osama bin Laden’s driver is a prisoner of war under the Geneva Conventions, a designation that could prevent the United States from trying him in the Guantanamo war crimes tribunals. The judge, Navy Capt. Keith Allred, said in a ruling on Monday that he would undertake a POW review for Yemeni prisoner Salim Ahmed Hamdan, who is charged in the Guantanamo war crimes tribunals with conspiracy and providing material support for terrorism.

If Hamdan is found to be a POW, he could be tried by court-martial, but not by the special military tribunals the United States set up at its naval base in Guantanamo Bay, Cuba, to try non-US citizens on terrorism charges. Such a finding could cast further doubts on the widely criticised and still evolving Guantanamo court system that has yet to see a trial completed. The lone conviction at Guantanamo was the result of a negotiated guilty plea for an Australian now serving a nine-month prison term in his homeland.

Defence lawyers said he was a civilian driver and support worker who should be considered a prisoner of war and handled according to the Geneva Conventions outlining the treatment of war captives.
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Home Front: WoT
Judges at Guantanamo Throw Out 2 Cases
2007-06-05
Followup from yesterday's article.
GUANTANAMO BAY NAVAL BASE, Cuba (AP) - Military judges dismissed charges Monday against a Guantanamo detainee accused of chauffeuring Osama bin Laden and another who allegedly killed a U.S. soldier in Afghanistan, throwing up roadblocks to the Bush administration's attempt to try terror suspects in military courts.

In back-to-back arraignments for Salim Ahmed Hamdan of Yemen and Canadian Omar Khadr the U.S. military's cases against the alleged al-Qaida figures dissolved because, the two judges said, the government had failed to establish jurisdiction. They were the only two of the roughly 380 prisoners at Guantanamo charged with crimes, and the rulings stand to complicate efforts by the United States to try other suspected al-Qaida and Taliban figures in military courts.

Hamdan's military judge, Navy Capt. Keith Allred, said the detainee is "not subject to this commission" under legislation passed by Congress and signed by President Bush last year. Hamdan is accused of chauffeuring bin Laden's and being the al-Qaida chief's bodyguard.

The new Military Commissions Act was written to establish military trials after the U.S. Supreme Court last year - ruling in a case brought by Hamdan - rejected the previous system. The judges agreed that there was one problem they could not resolve - the new legislation says only "unlawful enemy combatants" can be tried by the military trials, known as commissions. But Khadr and Hamdan had previously been identified by military panels only as enemy combatants, lacking the critical "unlawful" designation.
This is a minor error, which they did us a service by catching now before the trial started. They'll go back to their word processors and insert "unlawful".

The surprise decisions do not spell freedom for the detainees, who are imprisoned here along with the others suspected of links to al-Qaida and the Taliban.

Legal experts said Brownback apparently left open the door for a retrial for Khadr, and that the Defense Department can possibly fix the jurisdictional problem by holding new "combat status review tribunals" for any detainee headed to trial.

The Military Commissions Act specifically says that only those classified as "unlawful" enemy combatants can face war trials here, Brownback noted. The distinction is important because if they were "lawful," they would be entitled to prisoner of war status, which under the Geneva Conventions would entitle them to the same treatment under established military law that U.S. soldiers would get.

A Pentagon spokesman said the issue was little more than semantics. Navy Cmdr. Jeffrey Gordon told The Associated Press said the entire Guantanamo system was set up to deal with people who act as "unlawful enemy combatants," operating outside any internationally recognized military, without uniforms, military ranks or other things that make them party to the Geneva Conventions. "It is our belief that the concept was implicit that all the Guantanamo detainees who were designated as 'enemy combatants' ... were in fact unlawful," Gordon said.
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