Salim Hamdan at his trial by Military Commission, July 22, 2008. Sketch by court artist Janet Hamlin. Picture from: Folly and Injustice in Salim Hamdan’s Guantanamo Trial
Salim Ahmed Hamdan was convicted of war crimes on Wednesday morning by the military commission at Guantanamo Bay and was sentenced to 66 months in prison on Thursday afternoon. The military judge, Capt. Keith Allred of the Navy, had already said that he planned to give Hamdan credit for the 61 months he was held at Guantanamo, meaning he’ll be able to complete his criminal sentence in 5 months. This comes as a serious blow to the prosecution, which had been pushing for 30 years to life.
Hamdan was convicted on Wednesday of material support of terrorism, but not of the more serious crime of conspiracy. The prosecution painted him as an al-Qaeda warrior, even though al-Qaeda leaders have testified that he was not involved in the organization as anything other than a driver and despite the fact that he cooperated fully with the US after he was captured in November 2001. Hamdan explained that he only took the job because it paid well ($200 per month) and he needed to support his family. It’s interesting to remember that this is also the same Hamdan of the famous Supreme Court case in 2006 that challenged the constitutionality of the military commissions, and found them to be lacking.
Unfortunately, no one knows what will happen to Hamdan after those 5 months because the Bush administration declared it has the right to hold detainees until the end of the war on terror. And terror will be defeated when, exactly? So yeah, that’s still a mess.
After the sentencing was read, Hamdan addressed the court and again expressed his sorrow over the innocent lives lost as a result of al-Qaeda’s attacks. Then he thanked the panel for what they had done for him.
William Glaberson, a NY Times reporter who has been following the trial, wrote the following about Hamdan’s departure:
” As he left the sparsely attended courtroom in the hilltop courtroom here, Mr. Hamdan, who at times has shown a mischievous sense of humor, raised his arms and said a good-natured “bye, bye” to the small group.
During pretrial proceedings, Mr. Hamdan, a father of two daughters in Yemen, and the judge, a career Navy lawyer, had regularly exchanged smiles and, on occasion, chats. Before he left the bench, Judge Allred, said a few parting words to the man he had gotten to know in a most unusual way.
“Mr. Hamdan,” Judge Allred said, “I hope the day comes that you are able to return to your wife and daughters and your country.”
“God willing,” Mr. Hamdan said in the rudimentary English he picked up while in American custody.
“Insh-allah,” said Judge Allred, repeating the same phrase in Arabic.
- “Bin Laden’s Former Driver Is Sentenced to 5 1/2 Years” by William Glaberson for the New York Times
http://www.nytimes.com/2008/08/08/washington/08gitmo.html?pagewanted=2&hp
Amy Tan
CTWJ Intern
13 August 2008 at 7:40 pm
Good post! Interesting trial and I followed it closely. Though I am dissappointed in the length of the sentence for “having been convicted ONLY of material support for terrorism”…In away I am glad cause it hopefully silences some of the critics who believe the Commissions are a sham. How else would you explain the independent decision by the jury and the gap between what the prosecution sought and what the jury came back with?
As far as what happens to Hamdan after he serves the sentence will depend upon his status as an enemy combatant. His threat and enemy combatant status is independant from his Commissions conviction. When “the Bush administration declared it has the right to hold detainees until the end of the war on terror”…that is not an incorrect assumption or declaration. American Revolution, Civil War, WWI, WWII, Korea, Vietnam, Desert Shield/Storm… Why should the war on terror be different? Just because we haven’t won the war fast enough?…So we should release enemy combatants back to the battle?
Hamdan will be decided just as all the other detainees at GITMO have been decided. If he is deemed to no longer be a threat or if Department of Defense’s decision is trumped he will be released. Then we will keep our fingers crossed that he doesn’t make the news a few weeks after he is released.
Continued peace and blessings all, thanks for the read.
MSG, U.S. Army
U.S.A. Terror Free since 9-11-2001
13 August 2008 at 7:47 pm
I concur with the Navy Judge’s statement “I hope the day comes that you are able to return to your wife and daughters and your country.” Assuming of course he doesn’t return to providing material support for terrorism.
Take care,