Gitmo Australian Gets 9 Months

As Part Of Plea Deal, David Hicks Promises Not To Discuss Alleged Guantanamo Abuse

(CBS/AP)  A U.S. military judge accepted an Australian's guilty plea to supporting terrorism in a deal that will send the Guantanamo detainee to jail at home for less than a year, but requires silence about any alleged abuse while in custody.

David Hicks, whose charge carried a maximum penalty of life in prison, had his sentence capped at nine months on Friday by part of the plea agreement that was kept secret from a panel of military officers who returned a longer sentence.

In the first conviction at a U.S. war-crimes trial since World War II, the 31-year-old kangaroo skinner and confessed Taliban-allied gunman told Marine Col. Ralph Kohlmann that he agreed to plead guilty because prosecutors had enough evidence to convict him.

Speaking in a deep voice, Hicks said he faced damning evidence taken from "notes by interrogators" that he had been shown.

The former outback cowboy, who acknowledged aiding al Qaeda during the U.S.-led invasion of Afghanistan, showed little emotion as he confirmed to the judge that he conducted surveillance on the former U.S. Embassy in Kabul.

The panel of officers flown to Guantanamo for sentencing Hicks deliberated for two hours before approving a sentence of seven years — what they had been told was the maximum allowed under the plea deal. After they left the courtroom, Kohlmann revealed all but nine months would be suspended.

Asked if the outcome was what he was told to expect, Hicks said, "Yes, it was."

"The thing to remember here is that no one accused David Hicks of committing a violent act — against U.S. forces or anyone else, and I think when you combine that with the fact that Australia, his native country, placed enormous political pressure on the United States, this sort of sentence makes sense," said CBS News legal analyst Andrew Cohen.

The plea deal will send Hicks to a prison in Australia within 60 days. His sentence begins immediately, but commanders of the U.S. military prison where he has been held for five years say there will be no change in his detention conditions before his departure.

"I don't think David's going to be able to show any real emotion until he gets off the plane in Australia," said his lawyer, Marine Corps Maj. Michael Mori. "I don't think until he leaves here will it be a reality, and that's why I hope it's as soon as possible."

Hicks expressed regret for his actions in a statement read by Mori, who described his client as an immature adventurer who had tried to enlist in the Australian army but was rejected for lack of education.

"He apologizes to his family, he apologizes to Australia and he apologizes to the United States," Mori said.

The lead prosecutor, Marine Lt. Col. Kevin Chenail, said Hicks deserved the maximum punishment for betraying the freedoms he was raised with in Australia. He argued al Qaeda gave him advanced training because his Western features made him a valuable operative.

"Today in this courtroom we are on the front line of the war on terrorism, face to face with the enemy," said Chenail, who referred to Hicks by his alias "Muhammad Dawood."

"Muhammad Dawood will always be a threat unless he changes his beliefs and his ideology," he said.

Under his plea deal, Hicks stipulated that he has "never been illegally treated by a person or persons while in the custody of the U.S. government," Kohlmann said. In the statement read by Mori, Hicks thanked U.S. service members for their professionalism during his imprisonment.

Furthermore, the judge said, the agreement bars Hicks from suing the U.S. government for alleged abuse, forfeits any right to appeal his conviction and imposes a gag order that prevents him speaking with news media for a year from his sentencing date.

Hicks previously reported being beaten and deprived of sleep at the prison erected for terrorism suspects held at this U.S. Navy base.

Ben Wizner of the American Civil Liberties Union suggest the government aimed to prevent the release of damaging allegations.

[palmerboxing]

Australians do not believe HICKS was just strolling through the park on a sight seeing mission , the Americans can feel proud they got him , but Australis feel he got off very light and should be serving a life sentence.

[kiddo88]

lord only knows what was going on in there that was so incriminating that the government let a CONVICTED TERRORIST OFF on a reduced sentance so long as he stayed mum!!!

[toolmangler-2009]

We only have the word of 'his' attorney about the 'gag order! Thats what I would tell people if I were in his place.

[toolmangler-2009]

If we had sent him home without any Jail time other than that served. We would have been wrong. If we had given him 30 million dollars and his own Island we would have been wrong. No matter what we do we are wrong, let these people alone and go back to watching "American Idol". They will not hurt us. they are peaceful God fearing people even the poor unfortunate oness one the planes that were flown into our own buildings by the order of the president of the USA.



shhhheeeeessssshhhh, some ppl are so stupid they don't deserve to live in The USA.

[j-whitman]

Bush kept him locked up without due process for 5 years ??? -- SHUT DOWN GITMO -- IT'S HURTING OUR NATION

[rochest]

inventagod where does the refund
start?

if they have nothing to fear then why gag order?

How is this plea agreement with the this man saying he was not tortured he's apologizing to the United States, Australia, and his parents so different from the Iranians getting apologies from the British sailors who also now say they were in Iranian waters. why is one more believable than the other?

[kcstan11]

I will be the first one in line to buy this kids book!!!

I hope that he sends a complimentory copy to DUMBYA, Cheney, Wolfowicz, Rumsfeld, Rice, Gonzolez and Blair ... also 1 to the Smithsonian Inst.

[grumpas]

I always suspected that Gitmo was not housing dangerous criminal's but political prisoner's who wound up on the wrong end of the stick! The sentence of this man proves it! A person can get a longer jail sentence for drunk driving in this country! But, he has to promise he won't talk about the abuse???????? I know how long that would last with me! I would be singing like a bird the first chance I got! The Bush administration is nothing but a bunch of terrorist's themselves! If these people are not tried for their war crimes we will all be guilty of the same kind of abuse!

[inventagod]

5 war games on 9/11 = $3.5 million
WTC Demolition = $900 million
Saudi freedom flights after 9/11 = $2 million
Pentagon rebuilding = $800 million
Afghanistan shock n awe = $150 billion
Iraq shock n awe $400 trillion

One terrorist/9 months = priceless!

I want my money back, Mr. Bu$h

[tuckerndfw]

Thus, his bright attorney was coyly informing the world that -- despite the terms that the US gov't compelled to release this guy from the torture and to conceal its illegal torture -- that the US gov't was continuing to practice torture.

Posted by ImprisonBush at 07:54 AM : Mar 31, 2007

If there is a bright spot to be found in this sordid travesty of justice, it is that there is no statute of limitations on war crimes.

We can hope that those responsible for authorizing torture will be eventually be prosecuted for their crimes.

And, whether they spend a day in prison is irrelevant if they are found, by a competent tribunal (as opposed to the Bush administration's kangaroo courts), to be war criminals.

George Bush and his entire administration are clearly war criminals and should be acknowledged as such for historical purposes.

Perhaps that will dissuade any subsequent US adninistration from following the "Bush doctrine" or its criminal policies.

[tuckerndfw]

The Bush administration claims that we need Guantanamo because the detainees pose a deadly threat to the US.

And, due to that ongoing, deadly threat, these heinous animals must be confined in a remote location where they can be carefully monitored 24/7.

Mr. Hicks has been confined for five years without charges or trial.

Now that he has been tried (by a kangaroo court), he has been sentenced to serve nine months in an Australian prison.

Susan McDougal spent 18 months in prison for "comtempt of court."

Regardless which side you choose, there is no way to justify continuing to support the concentration camp at Guantanamo. It is obviously not being used to detain "deadly threats" if they are being sentenced to serve less time than a person who is in contempt of court.

And, from my viewpoint, it is time to begin prosecuting those responsible for establishing Guantanamo as a concentration camp.

Any sentence that includes a prohibition against "speaking out about ahuse" clearly indicates abuse took place.

And, all those responsible for "abusing" (torturing) "detainees" should be prosecuted, including those who authorized it. (George Bush, D. Cheney, Rumsfeld, Gonzales, et al).

George Bush is the worst president in US history.

[imprisonbush]

Additionally, did you notice how the guy's attorney noted that the Australian prisoner had -- until just then -- kept his hair long to block out the light that they constantly kept on in his cell? Every jail or prison I know of has the decency to not keep lights on inside the cells at night (though they might keep the lights on in the hallways). All of our bodies needs darkness to sleep properly. But at Guatanamo, the US government keeps the lights on in the cells 24-7. This constant light, by itself, is a form of torture: it's called sleep deprivation. And they did it constantly (24/7). Thus, his bright attorney was coyly informing the world that -- despite the terms that the US gov't compelled to release this guy from the torture and to conceal its illegal torture -- that the US gov't was continuing to practice torture.

[imprisonbush]

This guy's sentence reeks of: (1) heavy political influence and pressure by Austarlia because of HOward's tough upcoming election; (2) further proof (as if any were needed) that the US gov't continues to torture prisoners at Guatanamo. You see, to finalize this case with a mere slap on the wrist, the US gov't demands that he: (1) must formally agree that he was not tortured, (2) must read a statement to the judge that thanked the guards for their professionalism and great treatment; (3) must give up his right to sue; (4) must give up his profits from writing a book about his (tortuous) experience; and (5) must agree to a gag order. Gee whiz, if torture were NOT practiced, why would the government demand all of these things to conclude this matter? As a criminal attorney I can tell you that it wouldn't. As someone else pointed out here, if there were no torture, the US gov't would want him on every talk show in America bleeting out how he was never treated improperly. Fortunately for him, if he gets a great attorney, I think he has a decent argument that -- these so-called "agreements" are void as compelled involuntarily because -- assuming he was tortured and held without charges by the US -- upon threat to continue to illegally incarcerate and torture him. Some of these demands may also be illegal under federal law. I hope he can sue the US gov't for a ton of money to help rebuild his life and to punish the US for this horrorific illegal terror it has tried to legitimize.

[neoconrcrazy]

www.ifamericansknew.org :


Statistics Last Updated: March 26, 2007

Israeli and Palestinian Children Killed

118 Israeli children have been killed by Palestinians and 926 Palestinian children have been killed by Israelis since September 29, 2000.

Israelis and Palestinians Killed Since September 29, 2000
1,021 Israelis and at least 4,070 Palestinians have been killed since September 29, 2000.

Israelis and Palestinians Injured Since September 29, 2000
7,633 Israelis and 31,296 Palestinians have been injured since September 29, 2000.

Daily U.S. Assistance to Israel and the Palestinians
The U.S. gives $15,139,178 per day to the Israeli government and military and $232,290 per day to Palestinian NGO%u2019s.

UN Resolutions Targeting Israel and the Palestinians
Israel has been targeted by at least 65 UN resolutions and the Palestinians have been targeted by none.

Political Prisoners
1 Israeli is being held prisoner by Palestinians, while 9,599 Palestinians are currently imprisoned by Israel.

Demolitions of Palestinian Homes
0 Israeli homes have been demolished by Palestinians and 4,170 Palestinian homes have been demolished by Israel since September 29, 2000.


New Settlements Built (March 2001 - July 2003)
60+ new Jewish-only settlements have been built on confiscated Palestinian land between March 2001 and July 11, 2003. There have been 0 cases of Palestinians confiscating Israeli land and building settlements.

[ramos937]

Bush/Cheney/Rumsfield/Ric/Fox/Right Wing Hate Radio and TV all maintain that GITMO detainees are intense terriorists that hate America. Yet, this guy gets off with a nine (9) month sentence which will be probated upon arrival in Australia? Plus, no one is to talk about what happened at GITMO. The credibility of the Administration is shot further. How much more damage can this place do us? SecDef Gates is right - the damed place should be shut down immediately. A prior posting is so on the mark. What happens when the fellow starts talking to Australian news media? Australia would not extradite him back to GITMO.

[fixitj-2009]

In order to show the world that the American justice system is fair, maybe congress should adopt these same successful so-called humane interrogation methods developed by the Bush administration when investigating the Bush administration. Who knows, after a couple of rides on the Bush water-board, which is of course the humane way to interrogate suspects as per our President and Attorney General, one of them will confess to being Osama. NOTE: This was posted as satire; as I would never stoop on the scale of decency to endorse this clearly inhumane treatment of people that our Bush and Gonzales have deemed humane. I am waiting for one of detainees to confess to the Lincoln assassination, so Bush can be credited with correcting history. Sorry I can't resist the satire, it's helps fight the depression.

[karlimhof]

Furthermore, the judge said, the agreement bars Hicks from suing the U.S. government for alleged abuse, forfeits any right to appeal his conviction and imposes a gag order that prevents him speaking with news media for a year from his sentencing date. ""

I can't be too upset about the "gag order" - my country has been under one for the last 6 years.

As regards to "forfeiting rights" - same holds, we're now "patriots" as defined by Bush-neocon-dom.

Finally, our news media hasn't spoken up for us either - they're more interested in staying "in contact" with power - and are afraid to speak truth.

All in all, I feel like Hicks, I'd say we're all hicks, stupid, dumb, country hicks.

[strewthmate]

... David Hicks' 5 years of hell and the way the Aussie Govt didn't give a rats about him until 2007 (nb, 2007 is election year and Bush's buddy, John Howard is worried)is a disgrace.

I say again, a disgrace.

Oh yes, and isn't it convenient that Hicks can't say a word about anything until after the Aussie election?

[toldyouso21]

Expect more of the same kiddies. All the prisoners, all this time, and the few that we actually manage to get convicted will only get token sentences.

Posted by Rafterman1 at 11:50 PM : Mar 30, 2007


Nope, only the white ones will get deals like that. The others will get max. sentences or death unless they hail from Europe, America, Canada or Australia--watch.

[randalds]

This whole thing is turning into one long sick neocon joke! Nine months if he agrees not to talk about the torturing they did to him that got him to confess to whatever they wanted him to confess to. It sounds like the script for a bad Keystone Kops or Marx Brothers movie! On 2nd thought the Marx Brothers had way too much class to touch a script this fu*cking unbelievable. Look at what Bush and Cheney have brought our "justice" system too! They should be impeached and imprisoned for pis*sing on our legal system!