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BREAKING: Hamdan Convicted

Reuters and CNN are reporting that Osama bin Laden's driver, Salim Hadam, has been convicted. No word yet on whether it's on all 10 counts of conspiracy and abetting terrorism.

Late update: From Reuters:

A jury of U.S. military officers convicted Osama bin Laden's driver on charges of providing material support for terrorism on Wednesday but acquitted him on charges of providing material support for al Qaeda in the first U.S. war crimes trial since World War Two.

The case of Yemeni driver Salim Hamdan, who faces life in prison, is the first full test of the controversial Guantanamo tribunal authorized by the Bush administration to try non-U.S. captives on terrorism charges outside the regular civilian and military courts.

Sentencing is scheduled for this afternoon.

Late late update: We know that the convicted on "providing material support for terrorism" and acquitted on "providing material support for al Qaeda" seems confusing and maybe a bit contradictory. The AP puts it another way that might clear things up:

The Pentagon-selected jury deliberated for about eight hours over three days before convicting Salim Hamdan of supporting terrorism. He was cleared of the conspiracy charge.


17 Comments

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Jeez, what a shock. And we have been so open and forthright with the legal process.
Didn't see that coming. snark

I’m all for going after terrorist, but I really don’t see how you get convicted for being a chauffer. Some have suggested that SHRUB and Dick could get tried for war crimes for their preemptive wars. But would it really make since to put their chauffeurs on trail?

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Yeah, and we bitch about China's kangaroo courts...talk about Human Rights violators..we are in some great company.

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Can you spell K-a-n-g-a-r-o-o court?

Yes,

B-U-S-H!

Republican justice is an oxymoron.
Military justice is an oxymoron.
Republican military justice is an oxymoron squared.

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This is no surprise, but I am VERY curious about a somewhat related story...

Why was Aafia Siddiqui, the Pakistani who studied in the U.S. but who disappeared in Pakistan years ago to now show up after allegedly attacking FBI and U.S. military while in custody in Afghanistan, brought to a U.S. (NYC) courtroom to face charges? She is certainly the only terror suspect I'm aware of to face a U.S. judge, and she is not a U.S. citizen (to my knowledge), nor was she apprehended on U.S. soil.

Why here, why now? Is this politically motivated...either to get her far away from Pakistan (where her long-time disappearance has been thought to be a U.S./Pakistani imprisonment without charge), or to trot her out for a highly visible prosecution during the U.S. election cycle? It sure would help the Republican cause to remind folks that evil lurks on our own soil.

Can anyone clarify why she was brought to the U.S.?

her case is absolutely unique.

It is extremely unclear as to why she was was not designated an enemy combatant and housed at Guantanamo and then put on the docket for an MCA trial.

The jurisdiction issue is unclear also. If she is being tried for assaults against US military personnel and she is a Pakistan citizen, it is unclear why she is being tried in the NY court.

Let's see, a poor Muslim found guilty in one of El Presidente Bush's kangaroo courts on secret evidence no one can actually know? No real story here, sadly to say. I agree with rpasley, a better story is why a wealthy and connected Aafia Siddiqui gets a real trial in a US court while being both a terrorist and a non citizen.

Sad, very sad.

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This reporting tells me less than nothing. It is one more example of reporters legitimizing thoroughly illegal actions by failing to provide any meaningful context, thereby fortifying the false narrative.

The Salem witches were also found guilty.

Step your game up, TPM.


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Absolutely gut wrenchingly pathetic. I can't believe I've lived long enough to see the U.S. operate it's own personal gulag. This was the boogeyman stuff used to scare us all last mid century. It was used to illustrate authoritarian commie behavior and (supposedly) make us want to be dead rather than red.

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Thank God, we got the driver.
This is such a blow to AQaida.

This pulls the guts right out of their religious jihad, and will leave AQ reeling and unable to reform for quite some time.

I don't know how they have been surviving without Hamdan all this time, one might have expected the whole org. to just dissolve without HIM there to keep everyone in line and task oriented.

America Rocks!

Yeah, now they will have to buy SUV's that are automatics as he was the only one who knew how to drive a stick. That lost gas mileage should really hurt their bottom line.

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Now McCain's trying to make it a campaign issue:

"I welcome today’s guilty verdict in the first trial held under the Military Commissions Act (MCA)...Unlike Senator Obama who voted against the MCA and favors giving Al Qaeda terrorists direct access to U.S. civilian courts to contest their detention, I recognize that we cannot treat dangerous terrorists captured on the battlefield as we would common criminals."

Surprise, surprise. It'll be interesting to see how/if Obama responds. Hopefully he'll remind people that Republicans didn't put much effort into capturing Osama Bin Laden, and instead decided to invade a country that had nothing to do with 9/11.

The legal theory is kinda murky here. Hamdan the driver was convicted of providing aid and support which was made into a war crime by the MCA.

However, the time period he is accused of acting in, is pre-September 2001, and thus not covered by the AUMF and no war resolutions by Congress either. Whats more, even if there was a state of war in which war crimes could be committed, the kind of support Hamdan was convicted of was not a war crime at that time pre-MCA! So if the Ex Post Facto Clause still has any force, what the heck is he being convicted of?

This is going to appeal.

The whole MCA setup is eventually going to be overturned as being defective on its evidentiary setup, its confrontation setup, and its other numerous failings. Congress set up a decidedly second-class administration of justice system and gave this second-class system the ability to deliver death penalties. .

What readers of this blog might not know is that even if Mr Hamdan had been found guilty, the detaining authority could still have held him under the theory he is a present danger.

correction: even if he had been found innocent.

What about Bush and Cheney's limo drivers?

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There are several appeals required before this gets to an actual court of law where his conviction will be overturned - after the November election.
.

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