Bin Laden's Driver To Be Released From Guantanamo; Government Defeated

Citing "several US sources," CNN reports that Salim Hamdan, a former driver for Osama bin Laden, who was convicted in a trial by Military Commission at Guantánamo during the summer for providing material support for terrorism, is to be flown out of Guantánamo on Monday, to serve the rest of his sentence in his native Yemen.

At the end of his trial, a military jury refused to convict Hamdan on the more serious charge of conspiracy, and gave him a five and a half year sentence. His judge, Navy Capt. Keith Allred, then decided to take into the account the time that Hamdan had already served since he was first charged, which meant that he was eligible for release by the end of the year.

Furious at the result, the Defense Department (which had been seeking a 30-year sentence) resorted to claiming that Allred was not entitled to reduce Hamdan's sentence for time served, and called for the jury to be reconvened, but Allred dismissed these claims in a terse judgment on October 30, when, having "read the filings and legal citations, as well as reviewing the sentencing hearing transcript" (as the Wall Street Journal explained), he declared, simply, "The prosecution motion to reconsider, reassemble, reinstruct and re-announce a sentence is denied."

If confirmed, Hamdan's transfer to Yemen to serve the last month of his sentence will bring to an end an ugly rumor that the administration failed to quell at the time of his sentence: the suggestion that, if the authorities so desired, they could continue to hold Hamdan as an "enemy combatant," even after his sentence was completed. As I noted in a recent article, for the administration even to contemplate doing so, after prosecuting him in a special court of its own devising, was "a notion which would surely shame all but the most hardened dictators."

And if confirmed, Hamdan's release also brings the closure of Guantánamo one step closer, as I explained at the time of his sentence:

If one of Osama bin Laden's drivers gets a sentence of seven years and one month in total (five and a half years plus the 19 months of his imprisonment before he was charged) in a system specifically established by the administration to try and convict "terror suspects," it is surely now inconceivable that those who planned the whole post-9/11 detention policy can maintain that they can still continue to hold ... any of the 130 or so prisoners in Guantánamo who have not been cleared, and who are not scheduled to face a trial by Military Commission, beyond the end of the year.

Comments

[nefertiti]

He was better off in Gantanamo , because finishing his jail Sentence in Yemen is not going to be pleasant , Im sure he will be missing his Meals in Gitmo . some Jordanians who had released by Israel are now finishing their sentences in Jordan and they have already went on a hunger strike complaining of food and conditions in Jordanian jails .

[Bluedog12]

Can this administration not f-up at least once. Just once. Please?

[S1m0n]

I'd feel a whole lot better about the rule of law in the US if the courts had managed to reach this point sooner than the waning days of Bush. From this distance it doesn't look like justice ran its course; it look like Bush managed to keep his extrajudicial prisoners in jail with little difficulty until the end of his term.

[WasteNJ]

"Salim Hamdan, you are hereby sentenced to drive a limo making continuous airport runs to Newark International and LaGuardia Airports, ...and may God have mercy on your soul.."

[GeeBee]

Now now. Wouldn't that breach the proscription on cruel and unusual punishment?

[StillAmused]

The administration, concerned that its flimsy construct of a "global war on terror" is discredited and collapsing in ridicule, has anounced a new, last-minute initiative: The Global War On Confusing Cultures.

[StillAmused]

Furious prosecutors, citing national security and claiming Hamdan hates us for our values, immediately filed new charges: driving without a license.

[WasteNJ]

Finding that Hamdan indeed did possess a valid driver's license, he was subsequently issued a ticket for an expired inspection sticker, and issued an ominous warning...

"You better get that taken care of... that's a $150 fine."

[gladiatorpodolsky]

The Bush gang were dogs, and the best argument against "patriotism" ever.

[CitizenFace]

Just the opposite. His administration demonstrates the need for greater, more considered patriotism to protect our ideals.

[Paulo1]

Nothing is more symbolic of how Historians are going to treat the Bush years.

A war on a concept (Terror is not a place that can surrender contrary to the opinions of our English challenged President ) that can produce nothing but a dead end fiasco. From tracking down and convicting the masterminds of an act of terror the United States has been reduced to admitting that it was petty enough to consider the chauffeur of our enemy to be worth hounding until even a specially constructed legal system stacked in the Administrations favor forced his release.

Perhaps no one single incident can get this disaster of a President or his cohorts convicted of what he has done but historians are going to make him serve eternity for his incompetence.

[vigilantwarrior]

The "War on Terror" is a fraud, a psychological operation against the US public. Many of these "enemy combatants" have been tortured to provide "confessions" as justification for its perpetuation, even though such torture means any real evidence the regime may have is useless in legal prosecution. How many plots did KSM "confess" to, again? And what is the primary source for the 9/11 Commission Report? Who told the Commission what KSM said in response to questions? Who destroyed videos of the interrogations?

Better question: Who ordered the release of THESE terrorists and why don't you know about them?

http://michaelfury.wordpress.com/2008/08/18/movers-and-shakers/

[Curlew]

One more glaring example of the complete and total ineptness of the Bush regime. I wish there was a mechanism in place for each of the people illegally incarcerated at Gitmo to be able to sue Bush in some court for damages once Bush is out of office. I doubt that would wipe the smirk from his face but it would be fun to watch nonetheless. Heckuva job, Bushie. Another stark failure to add to your burgeoning list of stark failures. Bush should have stopped after being a cheerleader at Andover. At least that he was able to accomplish.

[vippy]

A driver for a man that has been dead since 2001? Odd is all I can say. But then again they have
other innocent people held there and ca. 50% are already back home. A German Citizen and a
Canadian come mind, they put up with 4 years of torture and are not even able to sue the USA.

[arvay]

Just another illustration of the pathetic failure of the Bush cowboy policy.

Run this by me again, we let Osama, his main leadership and a substantial number of fighters escape, but we caught his DRIVER?

Wow, yippie-ky-aye!

The guy probably needed a job and Osama paid him well. Bt even if he supported the terrorists' goals, this is like trying Hitler's janitor at Nuremberg, and boasting about it.

Morons.

[Pulemerci]

After this harsh sentence, I'm sure Bin Laden's driver will never be involved in terrorist activities ever again.

[bubbuh]

There is only one reason the PTB don't continue to keep the chauffeur imprisoned. Short of killing him they know, the Obamans will release him. The incoming administration intends to restore the rule of law and has made that plain.

[HurryUp1212009]

IN CASE YOU DIDN'T NOTICE IT ON "HARDBALL" LAST NIGHT, THE NEWS STREAMER AT THE BOTTOM OF THE SCREEN ANNOUNCED THIS NEWS BY REFERRING TO THE MAN AS "OBAMA BIN LADEN". I TRIED TO CALL NBC TO REGISTER MY INDIGNATION BUT WAS DUMPED INTO A VOICEMAIL BOX. THIS IS COMPLETELY OUTRAGEOUS AND NBC OWES OUR NEW PRESIDENT ELECT A LOUD, PUBLIC APOLOGY, AND SHOULD FIRE THE PERSON WHO DID THIS!