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Trial Highlights Legal Battle Over Terror Suspects

POSTED: 12:48 PM ET, 07/21/2008 by Derek Kravitz

Salim Ahmed Hamdan, the former driver for Osama bin Laden, pleaded not guilty today in the first U.S. war crimes trial since World War II. The 37-year-old Yemeni, entered his plea through his lawyer at the U.S. Navy base at Guantanamo Bay, Cuba, The Associated Press reports.

If convicted on charges of conspiracy and supporting terrorism, Hamdan could be sentenced to life in prison. His lawyers say he was merely a paid chauffeur and mechanic without any role in the al-Qaeda conspiracy against the United States.

Hamdan's trial highlights the long legal battle that has raged since the 2001 attacks over how to deal with suspected terrorists arrested abroad and in the United States. It comes nearly seven years after President Bush declared an "extraordinary emergency" that empowered him to bring suspected terrorists before military judges, The Post's Jerry Markon reports.

(Update: This morning, Attorney General Michael B. Mukasey urged lawmakers to weigh in on the debate over how detainees at Guantanamo Bay should have their legal cases treated, The Post's Carrie Johnson reports.

At the speech in Washington, Mukasey asked that leaders develop rules for handling classified information at the court proceedings and prohibit detainees whose home countries would not accept their return from being released inside the United States.)

Hamdan, who was captured at a roadblock in Afghanistan in November 2001, allegedly with two surface-to-air missiles in the car, was to be tried under a White House directive that said non-U.S. citizens could be subject to military commissions, with no judicial review and no prohibition on evidence gleaned through torture, though it said they would be treated "humanely."

In June 2006, the Supreme Court struck down the system the Bush administration created, saying it was neither authorized by federal law nor required by military necessity, and ran afoul of the Geneva Conventions.

Congress then passed the Military Commissions Act of 2006, under which Hamdan is being tried. It imposes tight limits on defendants' traditional courtroom rights, including restrictions on their ability to examine the evidence against them, to challenge their incarceration and to exclude evidence gained through witness coercion.

Statements derived from harsh interrogations -- not torture -- are allowable if the judge finds the evidence reliable and relevant.

The 2001 terrorist attacks sent the U.S. government scrambling to deal with detainees and prisoners in ways that have since come under strong criticism. The Post's Dana Priest revealed in 2005 that the CIA hid and interrogated some of its most important al Qaeda captives at secret compounds in Eastern Europe. Previously the newspaper reported on systemic abuses at the Abu Ghraib prison in Iraq and at Guantanamo Bay.

By Derek Kravitz |  July 21, 2008; 12:48 PM ET
Previous: Deputy Quits Troubled U.S. Whistleblower Office | Next: GAO: 'Jaws of Life,' Tractors, Laptops Went Missing

Comments

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He took advantage of all the privileges he could get while working for Saddam.
He should share in his fate also,
He was not an innocent victim forced to labor under the dictator, nor was he one who ordered the deaths of thousands,,
But he didnt walk away from the horror.

Posted by: MontyMoose | July 21, 2008 2:34 PM

Monty moose..
So then you know this man personally? I mean in order to say that he was guilty, and not an innocent victim I must assume that you somehow know the defendant? Otherwise what you are saying in merely conjecture about his innocence or guilt, based on very few actual facts no? Last time I checked the United States judicial system was based on the fact that we as Free people, are innocent until found guilty by a court of law, not a military kangaroo court. This man like many many others in gitmo has a right to a hearing and fair trial, in front of a judge.

Posted by: american insurgent | July 21, 2008 2:48 PM

Working for Saddam??????

Posted by: Anonymous | July 21, 2008 2:49 PM

If this is a "War Crimes Trial" why aren't the REAL terrorist war criminals on trial?
When will the REAL war crimes trials begin?
When will Bush, Chaney, Rumsfeld, Wolfowitz, and the rest of the neo-con terrorist CFR members be indicted?
Until that happens this is just a dog & pony show with NO real meaning.
Other than propaganda.

Posted by: DWayne | July 21, 2008 2:50 PM

My God:

What's next; the persecution of taxi drivers? The US sure as hell ain't giving
them a fair trial. Shame on us.

Posted by: Nick Obrenovich | July 21, 2008 3:15 PM

if I was driving bin Laden around, I'd be guilty of aiding and abetting a known terrorist.What;s this guy saying, he was forced into it! GUILTY

Posted by: bmontini | July 21, 2008 3:22 PM

@MontyMoose

He worked for Osama bin Laden. I love how we get these two ghastly different conflict confused.

Posted by: David | July 21, 2008 3:29 PM

The man was a driver. Are the cars Bushy drives in armed? Would we want him to drive in unarmed cars? That's kooky!

Send the poor man home to his family.

Posted by: bushisnuts | July 21, 2008 3:30 PM

What a waste of time! If only Bush had chosen to follow the Geneva Conventions and the rule of law instead of claiming himself all-powerful and all knowing. When you trade reactionary, ideological responses for well thought out and reasoned responses, you find yourself in just this situation. We needed a leader and got a cheerleader! All that bellicose bluster sounds great when you're drunk in a bar in Texas but, not so great the next morning. when will this nightmare hangover be over.

Posted by: thebobbob | July 21, 2008 3:37 PM

What a sad day for the US. The founding fathers must be boring their way to the Olympics from turning over in their graves during the last 7 1/2 years. What a disgrace.

Posted by: Ashamed | July 21, 2008 3:37 PM

All of it to distract the public from the biggest money and power grab in history. None of these "neo-cons" gives a damn about the United States - all smoke and mirrors. Does no one think it odd that Halliburton moves its headquaters (and records) to Dubai - a country which is is not a signatory to the Hage Convention and therefore not reachable by subpoena (Congressional or any other). How long before Cheney relocates after the election? Probably before inauguration day!

Posted by: Ashamed | July 21, 2008 3:43 PM

Is Hamdan really the best person to open up these trials with? Wouldnt you think, that since this trial will set a standard for all future trials held this way. That they would go with there strongest case they have?
Plus isnt it a bit of a double standard to to say they are not pow's and yet to charge them with war crimes?

Posted by: emania55 | July 21, 2008 3:56 PM

We should be trying and/or executing bin Laden, instead we get his damn chauffeur. How pathetic!
Republicans are such incompetent morons. How could they have screwed this up so badly? America's greatest enemy is at large -- and they get his driver? What a disgrace!

Posted by: Pierre JC | July 21, 2008 4:02 PM

Punishment for aiding and abeding is not uncommon but fair. Does any one one think That Osama Bin laden would have a driver so naive at his service that could deny any knowledge of what his employer stood for? I think not

Posted by: Dan not rather | July 21, 2008 4:06 PM

If Bush is eventually found guilty of war crimes will his bodyguards (the secret service) also be found guilty of war crimes by association?

Posted by: John | July 21, 2008 4:29 PM

The USA champion of human rights now uses coerced evidence in trials. This is the same thing we complain about Cuba doing on the other side of the fence.

Hitler's driver was never prosecuted for War Crimes.

Posted by: joe | July 21, 2008 4:47 PM

MontyMoose wrote, "He took advantage of all the privileges he could get while working for Saddam. He should share in his fate also,

"He was not an innocent victim forced to labor under the dictator, nor was he one who ordered the deaths of thousands,

"But he didn(')t walk away from the horror."
_________________

Deaths of thousands, MontyMoose?

How about the deaths of hundreds of thousands, as in George Bush's invasion of Iraq?

You myopic and hypocritical Americans cause me nausea on a daily basis. Some of you are precisely where you were in March 2003. You have learned nothing.

D. Grant Haynes

Posted by: Anonymous | July 21, 2008 5:53 PM

You liberal junkies have forgotten 9/11 already or maybe it did not really matter to you. We have vicious radical enemies who want to destroy our nation; they are ready and just waiting for an open opportunity, make no mistake about it. They have literally taken over Western Europe which probably will be majority Muslim by the end of this century; most of these Islam radicals are now European citizens having been born to the Muslims who immigrated to the countries of Western Europe in the '80s when they opened their arms to these Muslims. Now the native Europeans are waging a silent war against these radical Islamic citizens. In London alone, there are about 60,000 so of whom were trained by al qaeda; France has 1700 mosques and Islam is now the 2nd largest religion in France. You've read what has been happening in Holland with the murder of one of their popular citizens by the Muslims. What will happen when the European-Radical Muslims come to the U.S. using their European passports. They have no terrorist record so they will come. The detainees in Guantanamo Bay would like nothing more than to be released and blow your city up. Be careful what you wish for.

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