Roger Fitch Esq • May 17, 2008
Our Man in Washington
Guantánamo trials in crisis – legal adviser sacked for wanting torture evidence to be admitted and prosecutors quit in disgust over government meddling. Law of terror correspondent Roger Fitch reports
It looks likely that Salim Hamdan, the notorious bin Laden driver, will be the first to go on trial – if anyone does – before a Guantánamo military commission.
It was, of course, Hamdan’s earlier military commission that the Supreme Court struck down as an unconstitutional fantasy of George W. Bush.
Hamdan is charged with “conspiracy” and “material support for terrorism” for acts predating the war, and neither charge is an offence under the law of war.
In fact, in Hamdan’s own case, a plurality of the US Supreme Court confirmed that “conspiracy” is not a war crime. The “crimes” were in any case created in 2006, long after they were said to have occurred.
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