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Los Angeles Times
December 21, 2007 The commission at Guantanamo has jurisdiction, a Navy judge says. The Yemeni is charged with conspiracy and material support to terrorism.
By Carol J. Williams, Los Angeles Times Staff Writer
MIAMI — The U.S. military court at Guantanamo Bay, Cuba, has the right to try Osama bin Laden's former driver and bodyguard on charges of conspiracy and material support to terrorism, a Navy judge has decided.
Capt. Keith J. Allred's determination that the controversial military commissions have jurisdiction over Yemeni prisoner Salim Ahmed Hamdan, 37, came two days after he found that some of the 285 detainees still held at the facility might be entitled to prisoner-of-war status under the Geneva Convention.
But Allred decided in the Wednesday ruling, released Thursday by the Pentagon, that Hamdan was an "unlawful enemy combatant" and therefore subject to trial by the military commissions.
With the announcement of Allred's decision came news that the Pentagon had issued charges against another Guantanamo prisoner. The Office of Military Commissions' convening authority, a position similar to attorney general, announced that Saudi citizen Ahmed Muhammed Haza Al Darbi, 32, would be tried on suspicion of material support to terrorism for allegedly buying global positioning systems and boats for Al Qaeda.
Hamdan's designated military defense attorney, Navy Lt. Brian Mizer, said he was disappointed with Allred's ruling but expressed optimism that others held at the base might be recognized as POWs.
"He found that Taliban and certain other participants captured during the armed conflict in Afghanistan, including Al Qaeda fighters supporting the Taliban forces, may be deemed lawful combatants and therefore proper POWs who would not be subject to prosecution for war crimes under the Military Commissions Act," Mizer said. "That is a ruling that may well have a substantial impact at Guantanamo."
Allred heard two days of testimony from defense and prosecution witnesses during a hearing on jurisdictional issues this month. In his 10-page ruling, he cited evidence that Hamdan was Bin Laden's personal driver for four years, occasionally transported weapons for Al Qaeda and had driven Bin Laden and his son "on a 10-day jaunt around Afghanistan" after the Sept. 11 terrorist attacks to shield them from U.S. retaliation.
Hamdan was brought to Guantanamo in 2002. He was charged with aid to terrorism in late 2004 under the tribunals created by President Bush. After the Supreme Court blocked that process, the then-Republican-controlled Congress revived it under the Military Commissions Act of 2006.
If convicted, Hamdan could be sentenced to life in prison.
The Pentagon also disclosed Thursday that three residents of Britain had been sent home from the prison, casting the repatriation as stemming from annual reviews of their threat to international security.
The release of Jordanian refugee Jamil Banna, Libyan refugee Omar Deghayes and Algerian-born Abdennour Sameur followed an August appeal by Prime Minister Gordon Brown for the last five British residents at Guantanamo to be freed.
Another British resident, Saudi-born Shaker Aamer, reportedly was being sent to his homeland.
The Pentagon continues to hold the fifth British resident, Ethiopian-born Binyam Mohammed, 29, who was charged with war crimes under the previous military commissions system. Those charges were nullified when the Supreme Court declared the Guantanamo tribunals unconstitutional.
But Mohammed, who was accused of having been an associate of would-be "shoe bomber" Richard Reid, may have been denied release because the Pentagon plans to charge him again.
December 21, 2007 The commission at Guantanamo has jurisdiction, a Navy judge says. The Yemeni is charged with conspiracy and material support to terrorism.
By Carol J. Williams, Los Angeles Times Staff Writer
MIAMI — The U.S. military court at Guantanamo Bay, Cuba, has the right to try Osama bin Laden's former driver and bodyguard on charges of conspiracy and material support to terrorism, a Navy judge has decided.
Capt. Keith J. Allred's determination that the controversial military commissions have jurisdiction over Yemeni prisoner Salim Ahmed Hamdan, 37, came two days after he found that some of the 285 detainees still held at the facility might be entitled to prisoner-of-war status under the Geneva Convention.
But Allred decided in the Wednesday ruling, released Thursday by the Pentagon, that Hamdan was an "unlawful enemy combatant" and therefore subject to trial by the military commissions.
With the announcement of Allred's decision came news that the Pentagon had issued charges against another Guantanamo prisoner. The Office of Military Commissions' convening authority, a position similar to attorney general, announced that Saudi citizen Ahmed Muhammed Haza Al Darbi, 32, would be tried on suspicion of material support to terrorism for allegedly buying global positioning systems and boats for Al Qaeda.
Hamdan's designated military defense attorney, Navy Lt. Brian Mizer, said he was disappointed with Allred's ruling but expressed optimism that others held at the base might be recognized as POWs.
"He found that Taliban and certain other participants captured during the armed conflict in Afghanistan, including Al Qaeda fighters supporting the Taliban forces, may be deemed lawful combatants and therefore proper POWs who would not be subject to prosecution for war crimes under the Military Commissions Act," Mizer said. "That is a ruling that may well have a substantial impact at Guantanamo."
Allred heard two days of testimony from defense and prosecution witnesses during a hearing on jurisdictional issues this month. In his 10-page ruling, he cited evidence that Hamdan was Bin Laden's personal driver for four years, occasionally transported weapons for Al Qaeda and had driven Bin Laden and his son "on a 10-day jaunt around Afghanistan" after the Sept. 11 terrorist attacks to shield them from U.S. retaliation.
Hamdan was brought to Guantanamo in 2002. He was charged with aid to terrorism in late 2004 under the tribunals created by President Bush. After the Supreme Court blocked that process, the then-Republican-controlled Congress revived it under the Military Commissions Act of 2006.
If convicted, Hamdan could be sentenced to life in prison.
The Pentagon also disclosed Thursday that three residents of Britain had been sent home from the prison, casting the repatriation as stemming from annual reviews of their threat to international security.
The release of Jordanian refugee Jamil Banna, Libyan refugee Omar Deghayes and Algerian-born Abdennour Sameur followed an August appeal by Prime Minister Gordon Brown for the last five British residents at Guantanamo to be freed.
Another British resident, Saudi-born Shaker Aamer, reportedly was being sent to his homeland.
The Pentagon continues to hold the fifth British resident, Ethiopian-born Binyam Mohammed, 29, who was charged with war crimes under the previous military commissions system. Those charges were nullified when the Supreme Court declared the Guantanamo tribunals unconstitutional.
But Mohammed, who was accused of having been an associate of would-be "shoe bomber" Richard Reid, may have been denied release because the Pentagon plans to charge him again.