Team Infidel
Forum Spin Doctor
New York Times
May 17, 2008
Pg. 11
By William Glaberson
A military judge delayed the first war crimes trial of a Guantánamo detainee Friday, saying he wanted the opportunity to examine a much-awaited Supreme Court decision on the rights of the detainees.
The judge, Capt. Keith J. Allred of the Navy, postponed the trial of Salim Hamdan, a former driver for Osama bin Laden, which had been scheduled to begin June 2. The trial was postponed to July 21.
By the end of June, the Supreme Court is expected to hand down a decision that may determine the extent to which constitutional rights apply at the detention camp at the United States naval station at Guantánamo Bay, Cuba. Lawyers say the ruling may redefine many aspects of the battle over the Bush administration’s detention policies.
A delay in Mr. Hamdan’s trial, Judge Allred wrote, “permits all the parties to have the benefit of a decision that may well change the tenor or conduct of the trial, and avoids the potential embarrassment, waste of resources, and prejudice to the accused that would accompany an adverse decision mid-trial, or need to retry the case.”
Mr. Hamdan’s military defense lawyers had sought the delay.
Many of Judge Allred’s pretrial rulings have been based on the decision being appealed to the Supreme Court, from the United States Court of Appeals for the District of Columbia Circuit, which strictly limited the rights of detainees. If that ruling were to be overturned by the Supreme Court, any conviction of Mr. Hamdan might be overturned.
In a brief ruling released by the Pentagon on Friday night, Judge Allred indicated he was concerned that the first war crimes trial at Guantánamo might be conducted under legal assumptions that would be outdated by the time of the Supreme Court decision in the case, Boumediene v. Bush.
“The accused has been in confinement for six years, and another month’s wait will not prejudice any party to the case,” Judge Allred wrote.
The lawyers for Mr. Hamdan, who is charged with material support for terrorism and other offenses, have also asserted that he is incapable of assisting in preparation for his trial because of the effects of what they say have been years in the harsh conditions of solitary confinement at Guantánamo. Judge Allred also ordered an evaluation of Mr. Hamdan’s fitness for trial.
May 17, 2008
Pg. 11
By William Glaberson
A military judge delayed the first war crimes trial of a Guantánamo detainee Friday, saying he wanted the opportunity to examine a much-awaited Supreme Court decision on the rights of the detainees.
The judge, Capt. Keith J. Allred of the Navy, postponed the trial of Salim Hamdan, a former driver for Osama bin Laden, which had been scheduled to begin June 2. The trial was postponed to July 21.
By the end of June, the Supreme Court is expected to hand down a decision that may determine the extent to which constitutional rights apply at the detention camp at the United States naval station at Guantánamo Bay, Cuba. Lawyers say the ruling may redefine many aspects of the battle over the Bush administration’s detention policies.
A delay in Mr. Hamdan’s trial, Judge Allred wrote, “permits all the parties to have the benefit of a decision that may well change the tenor or conduct of the trial, and avoids the potential embarrassment, waste of resources, and prejudice to the accused that would accompany an adverse decision mid-trial, or need to retry the case.”
Mr. Hamdan’s military defense lawyers had sought the delay.
Many of Judge Allred’s pretrial rulings have been based on the decision being appealed to the Supreme Court, from the United States Court of Appeals for the District of Columbia Circuit, which strictly limited the rights of detainees. If that ruling were to be overturned by the Supreme Court, any conviction of Mr. Hamdan might be overturned.
In a brief ruling released by the Pentagon on Friday night, Judge Allred indicated he was concerned that the first war crimes trial at Guantánamo might be conducted under legal assumptions that would be outdated by the time of the Supreme Court decision in the case, Boumediene v. Bush.
“The accused has been in confinement for six years, and another month’s wait will not prejudice any party to the case,” Judge Allred wrote.
The lawyers for Mr. Hamdan, who is charged with material support for terrorism and other offenses, have also asserted that he is incapable of assisting in preparation for his trial because of the effects of what they say have been years in the harsh conditions of solitary confinement at Guantánamo. Judge Allred also ordered an evaluation of Mr. Hamdan’s fitness for trial.