Salim Hamdan
was born in Yemen. He became a driver for Osama bin Laden. He was captured in Afghanistan in 2001 and arrived at Guantanamo in May 2002. His military
commission was the first for a Guantanamo prisoner that did
not end in a plea deal. During his trial before a military commission Hamdan
faced charges of conspiracy and material support for terrorism. In August 2008
the commission acquitted Hamdan of the conspiracy charge but found him guilty
of material support for terrorism. He was sentenced to time served plus five and a half
months.
On Democracy
Now, Jess Bravin, the Supreme Court reporter for the Wall Street Journal, said that the sentence demonstrated that,
“the military jury, as had been suggested by defenders of the military at the
beginning, was quite independent and not simply there to rubber-stamp any kind
of conviction.”
The DC Court
of Appeals overturned Hamdan’s conviction in October 2012. In its opinion, the court said that the Military
Commissions Act of 2006 granted military commissions the ability to rule on
charges of material support for terrorism. The appeals court ruled that because
Hamdan committed the actions that were the basis for his conviction before the law
was passed, his military commission did not have the ability to try him for the
crime.
The chief
prosecutor for the military commissions at Guantanamo told Reuters that Hamdan’s appeals court ruling dissuaded
prosecutors from pursuing cases against other prisoners they had considered
charging with providing material support to al-Qaeda.
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