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Home » News » Editor Favorites

Thursday, August 7, 2008

Bin Laden's driver convicted in first terror trial

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Split verdict eases some concerns of fairness

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Salim Ahmed Hamdan (left) listens last month as FBI agent Craig Donnachie testifies about his interrogations of Hamdan at the U.S. naval base in Guantanamo Bay, Cuba, in this courtroom sketch. Hamdan was cleared of conspiracy but convicted of a lesser charge.

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By Tom Ramstack

A split decision Wednesday in the trial of Osama bin Laden's driver for a war crime eased some concerns about whether terrorism suspects would get fair trials in the military tribunals at the U.S. naval base at Guantanamo Bay, Cuba.

The jury of six military officers acquitted Salim Hamdan of conspiracy charges but convicted him of the lesser charge of providing material support for terrorism, which could send him to prison for life.

"This military judge is to be commended for providing a fair and internationally legally sufficient trial for the accused and the government - regardless of the ultimate verdict," said Charles "Cully" Stimson, a former deputy assistant secretary of defense for detainee affairs.

But some legal analysts continue to warn that military tribunals set a risky precedent.

Hamdan's conviction could prompt U.S. adversaries to retaliate by trying Americans under similar procedures, said Herman Schwartz, an American University Washington College of Law professor.

"Certainly there is the possibility of similar trials, which Americans would be very uncomfortable with when they are the defendants," Mr. Schwartz said. "We would probably condemn them as unfair."

Anthony D. Romero, executive director of the American Civil Liberties Union, said the Hamdan tribunal - the first U.S. military commission trial since the end of World War II - and its outcome will taint the Bush administration's legacy.

"The judgment against Hamdan undoubtedly will be challenged in legitimate courts, but there is no appeal from the judgment of future generations," Mr. Romero said. "This system was devised to permit the prosecution of alleged wrongdoing by detainees while continuing to cover up the wrongdoing by government interrogators."

The White House welcomed the verdict.

"We're pleased that Salim Hamdan received a fair trial," White House spokesman Tony Fratto said. "The Military Commission system is a fair and appropriate legal process."

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