Tribunal Convicts Bin Laden's Driver

Pentagon-Selected Jury Returns Split Verdict In First Guantanamo War Crimes Trial

(CBS/ AP)  The conviction of Osama bin Laden's driver by a U.S. military court after a 10-day trial provides an indication of what to expect as dozens more Guantanamo prisoners go to court: shifting charges, secret testimony — and quick verdicts.

Salim Hamdan held his head in his hands and wept Wednesday as the six-member military jury declared the Yemeni guilty of aiding terrorism, which could bring a maximum life sentence. But in a split decision, the jury in America's first war-crimes trial since the aftermath of World War II cleared Hamdan of two charges of conspiracy.

"It was the first military commission proceeding since the end of World War II," said CBS News legal analyst Andrew Cohen. "But its resolution will do little to answer the legal, political and diplomatic questions that surround it. Those answers will begin to come only now, when the conviction and sentence are appealed to the civilian courts - the federal courts that routinely handle appeals in our criminal justice system. Those judges soon will begin to unwind what has just occurred down at Guantanamo Bay, Cuba, to evaluate whether any or all of it was constitutional."

Deputy White House spokesman Tony Fratto applauded what he called "a fair trial" and said prosecutors will now proceed with other war crimes trials at the isolated U.S. military base in southeast Cuba. Prosecutors intend to try about 80 Guantanamo detainees for war crimes, including 19 already charged.

"Although Hamdan's trial will be seen as a landmark case in the tribunals," said CBS News foreign affairs analyst Pamela Falk, "the next trial, that of Khalid Sheikh Mohammad - called the mastermind of the Sept. 11 attacks - will be the real bellwether, because it is a case that will raise the issue of harsh interrogations and because it is a death penalty case."

But defense lawyers said their client's rights were denied by an unfair process, hastily patched together after the Supreme Court rulings that previous tribunal systems violated U.S. and international law.

Under the military commission, Hamdan did not have all the rights normally accorded either by U.S. civilian or military courts. The judge allowed secret testimony and hearsay evidence. Hamdan was not judged by a jury of his peers and he received no Miranda warning about his rights.

Hamdan's attorneys said interrogations at the center of the government's case were tainted by coercive tactics, including sleep deprivation and solitary confinement.

All that is in contrast to the courts-martial used to prosecute American troops in Iraq and Vietnam, which accorded defendants more rights.

"This outcome was predetermined — not by the court, but by the government — well before the trial even began," said Sahr MuhammedAlly of Human Rights First, who has observed hearings in the hilltop courtroom.

The five-man, one-woman jury convicted Hamdan on five counts of supporting terrorism, accepting the prosecution argument that Hamdan aided terrorism by becoming a member of al Qaeda in Afghanistan and serving as bin Laden's armed bodyguard and driver while knowing that the al Qaeda leader was plotting attacks against the U.S.

But he was found not guilty on three other counts alleging he knew that his work would be used for terrorism and that he provided surface-to-air missiles to al Qaeda.

He also was cleared of two charges of conspiracy alleging he was part of the al Qaeda effort to attack the United States — the most serious charges, according to deputy chief defense counsel Michael Berrigan.

Berrigan noted the conspiracy charges were the only ones Hamdan originally faced when his case prompted the Supreme Court to halt the tribunals. Prosecutors added the new charges after the Bush administration rewrote the rules.

"The problem is the law was specifically written after the fact to target Mr. Hamdan," said Charles Swift, one of Hamdan's civilian lawyers.

The verdict will be appealed automatically to a special military appeals court in Washington. Hamdan can then appeal to U.S. civilian courts as well.

Ben Wizner, an American Civil Liberties Union attorney, said the appeals from Hamdan's case are unlikely to slow the pace of other Guantanamo trials.

The jury reconvened for a sentencing hearing in which psychologist Emily Keram testified that Hamdan was orphaned by the age of 10, has only a fourth-grade education and worked for bin Laden because he felt it was the only way to support his family.

She said Hamdan, who is about 37, wept when prosecutors showed video of airplanes crashing into the twin towers on Sept. 11, 2001.

"He told me it was hard on his soul," Keram testified at the hearing, which was to continue Thursday.

Hamdan's lawyers said he is likely testify himself Thursday or provide a written statement seeking leniency.

The military judge, Navy Capt. Keith Allred, gave Hamdan five years of credit toward his sentence for the time he has served at Guantanamo Bay since the Pentagon decided to charge him.

The Pentagon describes the Hamdan proceedings as the first "contested" U.S. military war crimes trial since World War II. In March 2007, Australian David Hicks reached a plea agreement that sent him home to serve a nine-month prison sentence in what the military considers the first trial.

The U.S. now holds about 265 prisoners at Guantanamo. The U.S. has been struggling to persuade other countries to take in the detainees it doesn't plan to prosecute, including many already cleared for release and dozens who officials consider too dangerous to let loose, even if they don't want to put them on trial.

Sen. John McCain, the Republican presidential candidate, said the split verdict proved the trial was fair.

"The fact that the jury did not find Hamdan guilty of all of the charges brought against him demonstrates that the jury weighed the evidence carefully," McCain said.

His Democratic rival, Barack Obama, also praised the military officers involved but said the process has "dangerous flaws" and that such trials belong in traditional military or civilian courts.

Hamdan was captured at a roadblock in southern Afghanistan in November 2001 and taken to Guantanamo Bay in May 2002.

The military accused him of transporting missiles for al Qaeda and helping bin Laden escape U.S. retribution following the Sept. 11 attacks by serving as his driver. Defense attorneys said he was merely a low-level bin Laden employee, a minor member of a motor pool who earned about $200 a month.

Army Lt. Col. Stephen Abraham, a former Guantanamo official who has since become critical of the legal process, mocked the choice of Hamdan for the tribunal's first trial.

"We can only trust that the next subjects ... will include cooks, tailors, and cobblers without whose support terrorist leaders would be left unfed, unclothed, and unshod, and therefore rendered incapable of planning or executing their attacks," Abraham said in an e-mail to The Associated Press.

[CBSTV]

Regardless of the verdict in this case, what credibility does a court comprised of military people have?

[georgew1956]

follow a dumba@@ long enough you will become a dunba@@ too.

[republic1776]

"Regardless of the verdict in this case, what credibility does a court comprised of military people have?

Posted by studio41
---------------------------------------------------------

Alot, it''s a war Crime. A regular court could not understand.

[republic1776]

tuckerndfw,
Why?

Hamdan, is evil.
When was the last time you took a sunday drive with two (2) Surface to Air rockets in your back seat?

[causeway_m]

Posted by republic1776 at 11:02 AM : Aug 06, 2008"

Hey americans are evil in the eyes of the fellows that planned and committed the 9/11 attacks - presumably that means the secret trial they carried out against the accused and the sentence they passed and carried out against them was entirely acceptable

[republic1776]

causeway_m,
I hope you are NOT an Americian.
You are shameful.
Our Military does their jobs above and beyond.
You hate America that much that you give Evil Terrorists, the upper hand.
TREASON!

[leftyintexes]

follow a dumba@@ long enough you will become a dunba@@ too.

Posted by georgew1956 at 10:59 AM : Aug 06, 2008

Is that what happens to Barry Sadam followers?

[neoconrcrazy]

another GREAT VICTORY (mission accomplished)

in the BUSH (fabricated) WAR ON TERROR, or

how RUIN YOUR COUNTRY in only 8 years !!

way to go bushit, an impressive conviction, of the driver, of the still missing Osama Bin-Bush ...

[leftyintexes]

I hope you are NOT an Americian.
You are shameful.
Our Military does their jobs above and beyond.
You hate America that much that you give Evil Terrorists, the upper hand.
TREASON!


Posted by republic1776 at 11:09 AM : Aug 06, 2008

It isn''t treason if you''re a Palestinian like causeway_m antoy.

[txgrouch2006]

in the BUSH (fabricated) WAR ON TERROR, or
Posted by neoconRcrazy at 11:11 AM : Aug 06, 2008

"Other countries possess weapons of mass destruction and ballistic missiles. With Saddam, there is one big difference: He has used them. Not once, but repeatedly. Unleashing chemical weapons against Iranian troops during a decade-long war. Not only against soldiers, but against civilians, firing Scud missiles at the citizens of Israel, Saudi Arabia, Bahrain and Iran. And not only against a foreign enemy, but even against his own people, gassing Kurdish civilians in Northern Iraq.

%u201DThe international community had little doubt then, and I have no doubt today, that left unchecked, Saddam Hussein will use these terrible weapons again. "

Speech from the Oval Office by President William Clinton, explaining his attack on Iraq
reported by The Associated Press
Wednesday, December 16, 1998

http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/clintontext121698.htm

BTW, Bill Clinton was impeached on December 19, 1998.

WHAT A COINCIDENCE!!!

[txgrouch2006]

%u201CSaddam Hussein is a tyrant who has tortured and killed his own people, even his own family members, to maintain his iron grip on power. He used chemical weapons on Iraqi Kurds and on Iranians, killing over 20 thousand people. Unfortunately, during the 1980''s, while he engaged in such horrific activity, he enjoyed the support of the American government, because he had oil and was seen as a counterweight to the Ayatollah Khomeini in Iran.
%u201CIn 1991, Saddam Hussein invaded and occupied Kuwait, losing the support of the United States. The first President Bush assembled a global coalition, including many Arab states, and threw Saddam out after forty-three days of bombing and a hundred hours of ground operations. The U.S.-led coalition then withdrew, leaving the Kurds and the Shiites, who had risen against Saddam Hussein at our urging, to Saddam''s revenge. "

Hillary Clinton%u2019s Senate floor speech
October 10, 2002

http://clinton.senate.gov/speeches/iraq_101002.html

[downtowner97]

A split decision? I''m sure that will lead to a tougher jury selection for the next one.

[leftyintexes]

Speech from the Oval Office by President William Clinton, explaining his attack on Iraq
reported by The Associated Press
Wednesday, December 16, 1998

http://www.washingtonpost.com/wp-srv
/politics/special/clinton/stories/clinto
ntext121698.htm

BTW, Bill Clinton was impeached on December 19, 1998.

WHAT A COINCIDENCE!!!

Posted by txgrouch2006 at 11:14 AM : Aug 06, 2008

txgrouch, I seriously take my hat off to you for this.

Nicely done!

[CBSTV]

The military does not believe in the fundamental judicial principle of "innocent until proven guilty."

[wellhell3]

Posted by txgrouch2006 at 11:14 AM : Aug 06, 2008

Yeah, and everyone pisses and moans about Iraq being an illegal war with no proof whatsoever of it.

Saddam was an insane egomaniac who had a propensity for genocide.

Good riddance! Money well spent!

[whyafghan]

Ignore the TROLL causeway_m - he is just upset that he cannot live in this wonderful country called the United States of America.

[leftyintexes]

The military does not believe in the fundamental judicial principle of "innocent until proven guilty."

Posted by studio41 at 11:20 AM : Aug 06, 2008

The military also doesn''t believe in the fundamental Libtard principle of innocent until proven innocent, unless your last name is Bush or Cheney.

[shaheed92]

I wonder why they even had the trial; he was convicted the moment he was arrested. His crime: being a Muslim. I suppose they just wanted to use the time so they could practice their torture methods.

[txgrouch2006]

%u201CIn 1998, the United States also changed its underlying policy toward Iraq from containment to regime change and began to examine options to effect such a change, including support for Iraqi opposition leaders within the country and abroad.
%u201CIn the four years since the inspectors left, intelligence reports show that Saddam Hussein has worked to rebuild his chemical and biological weapons stock, his missile delivery capability, and his nuclear program. He has also given aid, comfort, and sanctuary to terrorists, including Al Qaeda members, though there is apparently no evidence of his involvement in the terrible events of September 11, 2001.
%u201CIt is clear, however, that if left unchecked, Saddam Hussein will continue to increase his capacity to wage biological and chemical warfare, and will keep trying to develop nuclear weapons. Should he succeed in that endeavor, he could alter the political and security landscape of the Middle East, which as we know all too well affects American security.
%u201CNow this much is undisputed%u2026%u201D

Hillary Clinton%u2019s Senate floor speech
October 10, 2002

http://clinton.senate.gov/speeches/iraq_101002.html

[whyafghan]

The military does not believe in the fundamental judicial principle of "innocent until proven guilty."
--------------
Posted by studio41

WOW, sounds like an angry person who was probably denied entry into the military at one point. Try again.

[wellhell3]

Posted by txgrouch2006 at 11:14 AM : Aug 06, 2008

Yeah, and everyone pisses and moans about Iraq being an illegal war with no proof whatsoever of it.

Saddam was an insane egomaniac who had a propensity for genocide.

Good riddance! Money well spent!


--------------------------------------------------------------------------------

Posted by WellHell3 at 11:21 AM : Aug 06, 20

And about 20,000 more of these radical Islamic crazies are dead too!

Good job to our troops! And money well spent!

[txgrouch2006]

the fundamental Libtard principle of innocent until proven innocent, unless your last name is Bush or Cheney.
Posted by leftyintexes at 11:22 AM : Aug 06, 2008

I thought it was more like:

GUILTY even after proven innocent, if you''re a Republican.

INNOCENT even when proven guilty as h3ll, if you''re a Democrat.

[iuphockey12]

I wonder why they even had the trial; he was convicted the moment he was arrested. His crime: being a Muslim. I suppose they just wanted to use the time so they could practice their torture methods.


--------------------------------------------------------------------------------

Posted by shaheed92

I GUESS ITS PAYBACK FOR ALL THE CHRISTIANS WHO HAVE BEEN STONED AND KILLED OVER THE YEARS BY MUSLIMS

[shaheed92]

MILITARY JUSTICE IS A CONTRADICTION IN TERMS!

[beboldin09]

Tribunal Convicts Bin Laden''s Driver

-Another jihadist bagged! Way to go USA. God bless our troops.

[whyafghan]

MILITARY JUSTICE IS A CONTRADICTION IN TERMS!
------------
Posted by shaheed92

So I guess your dislike with the military is because...?

[txgrouch2006]

Good job to our troops! And money well spent!
Posted by WellHell3 at 11:24 AM : Aug 06, 2008

Clinton''s policy toward Saddam was of empty threats and Neville Chamberlain-style appeasement. The result was 9/11/2001.

Bush'' policy toward Saddam was of KICKING BUTT NO MATTER WHAT ANYONE ELSE THOUGHT. The result is NO TERRORIST ATTACK ON USA SOIL.

Too bad Clinton didn''t apply that policy BACK WHEN WE COULD AFFORD TO PAY FOR IT.

But we couldn''t afford NOT to do it now.

[beboldin09]

I GUESS ITS PAYBACK FOR ALL THE CHRISTIANS WHO HAVE BEEN STONED AND KILLED OVER THE YEARS BY MUSLIMS
Posted by iuphockey12 at 11:29 AM : Aug 06, 2008

Speaking of which, have you seen this article yet about what Saudi Arabia is doing to Christians?

Check it out:

Saudis to Christians: Get out!
Those accused of worshipping in homes ordered deported

Link to story:

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=71498

[shaheed92]

I GUESS ITS PAYBACK FOR ALL THE CHRISTIANS WHO HAVE BEEN STONED AND KILLED OVER THE YEARS BY MUSLIMS

Posted by iuphockey12 at 11:29 AM : Aug 06, 2008
____________________

Even that fiction would not make up for the over 800,000 killed by the "US liberating forces in Iraq; the millions displaced, the millions of homes and businesses destroyed, the millions of displaced Iraqis. The so-called "liberators" should have stayed in their own country and tried to save their own rights from their own dictator: Bush.

[shaheed92]

I GUESS ITS PAYBACK FOR ALL THE CHRISTIANS WHO HAVE BEEN STONED AND KILLED OVER THE YEARS BY MUSLIMS

Posted by iuphockey12 at 11:29 AM : Aug 06, 2008
____________________________

And the so-called Christians had no problem killing the six` million Jews in Nazi Germany. Hitler and Pope Pius Xll were best friends.

[iuphockey12]

Even that fiction would not make up for the over 800,000 killed by the "US liberating forces in Iraq; the millions displaced, the millions of homes and businesses destroyed, the millions of displaced Iraqis. The so-called "liberators" should have stayed in their own country and tried to save their own rights from their own dictator: Bush.


--------------------------------------------------------------------------------

Posted by shaheed92


ARE YOU BLIND TO WHAT GOES ON? YOUR CLAIMING THAT MUSLIMS DONT KILL CHRISTIANS? DUDE WHETHER YOUR AN AMERICAN OR NOT, REPUBLICAN OR NOT, THIS HAS BEEN GOING ON FOR A LONG TIME.

[beboldin09]

WHETHER YOUR AN AMERICAN OR NOT, REPUBLICAN OR NOT, THIS HAS BEEN GOING ON FOR A LONG TIME.
Posted by iuphockey12

Since the 6th century as a matter of fact, when Muhammed lived. Jews and Christians

[iuphockey12]

An
d the so-called Christians had no problem killing the six` million Jews in Nazi Germany. Hitler and Pope Pius Xll were best friends.


--------------------------------------------------------------------------------

Posted by shaheed92

LOL WHAT ARE YOU TALKING ABOUT? HITLER DENIED CHRIST THUS PEOPLE THOUGHT HE WAS THE ANIT-CHRIST! GIVE ME A BREAK! GET YOUR FACTS TOGETHER

[whyafghan]

Even that fiction would not make up for the over 800,000 killed by the "US liberating forces in Iraq; the millions displaced, the millions of homes and businesses destroyed, the millions of displaced Iraqis. The so-called "liberators" should have stayed in their own country and tried to save their own rights from their own dictator: Bush.
---------------
Posted by shaheed92

LMAO. Exactly the reason why the ''Liberators'' need to leave Iraq and Afghanistan and let these ungrateful people kill themselves off one by one. Thank you Shaheed for your blunt views.

[beboldin09]

An
d the so-called Christians had no problem killing the six` million Jews in Nazi Germany. Hitler and Pope Pius Xll were best friends.
Posted by shaheed92 at 11:34 AM : Aug 06, 2008

Christians support the Jewish people, dummy. Muslims however slay them wherever they find them (1,600 years and counting).

the Grand Mufti of Islam supported Hitler''s slaughter of 6 million Jews. Hitler and the Nazi''s were a cult, not Christians, dummy.

[shaheed92]

ARE YOU BLIND TO WHAT GOES ON? YOUR CLAIMING THAT MUSLIMS DONT KILL CHRISTIANS? DUDE WHETHER YOUR AN AMERICAN OR NOT, REPUBLICAN OR NOT, THIS HAS BEEN GOING ON FOR A LONG TIME.

Posted by iuphockey12 at 11:34 AM : Aug 06, 2008
____________________

Christians have been killing Muslims even longer, starting with Pope Urban ll and his so-called Crusades in 1083.

[jumkey]

Yeah, and everyone pisses and moans about Iraq being an illegal war with no proof whatsoever of it.

Posted by WellHell3

You mean except for the falsified evidence for WMD, the lies Bush used to link Iraq to 9/11, the years and years of neocon planning to invade Iraq and the illegal US invasion?

Except for all that, you''re right, there is no proof.

The history has already been written on our war of aggression against a sovereign nation that was no threat to us.

As for the "rah rah whoo hooo USA! USA!" chant for convicting Bin Laden''s driver maybe we can get the guy who makes his latte or perhaps his gardener next. This would be just as effective and further deflect from the fact the BIN LADEN IS STILL AT LARGE and Republicans and this president allowed our nation to be attacked and have completely and totally failed to protect us.

Finally, the Pentagon announced that if Hamdan WASN''T convicted they were still not going to release him - so this "trial" was nothing more than an authoritarian government pretending to have a trial so fools like you could protect your fragile egos from the truth about your own incompetence and impotence.

What we did here is not different from what the Soviets used to do, and you are no different than the average Soviet sheep who shut up, looked the other way and did what they were told by their Big Brother government.

Your cowardice in the face of evil disgusts me and insults our nation.

[beboldin09]

HITLER DENIED CHRIST THUS PEOPLE THOUGHT HE WAS THE ANIT-CHRIST! GIVE ME A BREAK! GET YOUR FACTS TOGETHER
Posted by iuphockey12 at 11:36 AM : Aug 06, 2008

Muslims and atheists always try to declare that Hitler was a Christian. It''s one of their history revisionist tactics.

Hitler sure demonstrated the love of Christ, didn''t he?

atheists and muslims always use this lie to push their agenda.

[shaheed92]

Christians support the Jewish people, dummy. Muslims however slay them wherever they find them (1,600 years and counting).

Posted by BeBoldin09 at 11:37 AM : Aug 06, 2008
______________________

The Nazis were Christians and killed over 6 million Jews. Dummy!

[iuphockey12]

YEA RIGHT DUDE. THE QURAN SPECIFICALLY SAYS IF INFIDELS DO NOT CONVERT THEY MUST BE KILLED. NO WHERE IN THE BIBLE DOES IT SAY THAT UNBELIEVERS SHOULD BE KILLED.

[whyafghan]

maybe we can get the guy who makes his latte or perhaps his gardener next.
----------------
Posted by jumkey

Please tell us where these people are and we will find them, put them on trial and convict them.

[bobnjersey]

[Bush'''' policy toward Saddam was of KICKING BUTT NO MATTER WHAT ANYONE ELSE THOUGHT. The result is NO TERRORIST ATTACK ON USA SOIL.]
[Posted by txgrouch2006 at 11:32 AM : Aug 06, 2008]

the bush policy will yield a case of ''blow back'' on a a scale that''s hard to imagine. history says this to be so ... and will only be a surprise to those consumed by ''winning'' ... and completely ignorant of what''s gone before.

there were no terrorist attacks on us soil between early 2003 and sept 2001 ... but as hindsight (history) will clearly indicate ... this means absolutely nothing at all ... just like your ''all caps'' claim of no attacks on us soil.

[platteman]

Bet Matt Maupin''s family and all the other families who got captured and killed by the radical Muslems are tad more happy now. The way to solve it is to do this. Kill ''em all, let Alalh sort them out. You could just bury them with pigs and that would solve the problem.

[shazam112]

What a joke ,poor driver working for a living in that part of the world got busted by the invading thugs,pakistani leader must be killed and hanged for handing over innocent people for f america aid for the corrupt military leaders .....the day of reckoning may be on the horizon.....for these *** criminals and there master chimp bushy and hog cheney....

[shaheed92]

YEA RIGHT DUDE. THE QURAN SPECIFICALLY SAYS IF INFIDELS DO NOT CONVERT THEY MUST BE KILLED. NO WHERE IN THE BIBLE DOES IT SAY THAT UNBELIEVERS SHOULD BE KILLED.

Posted by iuphockey12 at 11:40 AM : Aug 06, 2008
_______________________

Another fiction predicated on stupidity.

[msay3]

Anyone who aided and abetted binLaden, no matter what their capacity is guilty of war crimes(since the 911 attacks were against civilian citizens who were not at war with anyone), should be found guilty...binLaden and his associates attacked the United States on September 11, 2001 just in case some of you yahoos have forgotten....I personally will NEVER forget...Any person who had anything to do with binLaden at the time is just as guilty as he is...even if that person was only a driver...binLaden couldn''t have eluded capture if it wasn''t for the people who drove him from one secret place to another...

[iuphockey12]

Muslims and atheists always try to declare that Hitler was a Christian. It''''s one of their history revisionist tactics.

Hitler sure demonstrated the love of Christ, didn''''t he?

atheists and muslims always use this lie to push their agenda.


--------------------------------------------------------------------------------

Posted by BeBoldin09

EXACTLY!

[bobnjersey]

[there were no terrorist attacks on us soil between early 2003 and sept 2001 ... but as hindsight (history) will clearly indicate ... this means absolutely nothing at all ... just like your ''''all caps'''' claim of no attacks on us soil.]
[Posted by bobnjersey at 11:40 AM : Aug 06, 2008]

so sorry ... that would be between 1993 and 2001.

[iuphockey12]

Another fiction predicated on stupidity.


--------------------------------------------------------------------------------

Posted by shaheed92

PROVE ME WRONG

[nextgenman]

I believe today that my conduct is in accordance with the will of the Almighty Creator.

- Adolf Hitler, Mein Kampf, Vol. 1 Chapter 2