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Andy Worthington

Andy Worthington

Posted: November 24, 2008 07:50 PM

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


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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.

Follow Andy Worthington on Twitter: www.twitter.com//GuantanamoAndy

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 mate...
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 mate...
 
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11:44 AM on 11/25/2008
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 .
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10:52 AM on 11/25/2008
Can this administra­tion not f-up at least once. Just once. Please?
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10:48 AM on 11/25/2008
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.
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HUFFPOST COMMUNITY MODERATOR
WasteNJ
99% Problems But My ____ Ain't One
10:25 AM on 11/25/2008
"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.."
12:11 PM on 11/25/2008
Now now. Wouldn't that breach the proscripti­on on cruel and unusual punishment­?
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10:13 AM on 11/25/2008
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.
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10:04 AM on 11/25/2008
Furious prosecutor­s, citing national security and claiming Hamdan hates us for our values, immediatel­y filed new charges: driving without a license.
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HUFFPOST COMMUNITY MODERATOR
WasteNJ
99% Problems But My ____ Ain't One
10:27 AM on 11/25/2008
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."
Paulo1
Thanks for reading, (even if you disagree)
09:35 AM on 11/25/2008
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.
09:34 AM on 11/25/2008
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/
08:57 AM on 11/25/2008
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.
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vippy
Carpe Diem!
08:52 AM on 11/25/2008
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.
08:44 AM on 11/25/2008
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.
08:16 AM on 11/25/2008
After this harsh sentence, I'm sure Bin Laden's driver will never be involved in terrorist activities ever again.
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HUFFPOST COMMUNITY MODERATOR
bubbuh
06:54 AM on 11/25/2008
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.
06:07 AM on 11/25/2008
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!
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03:29 AM on 11/25/2008
I have noticed that Hitler's driver has done a lot of interviews­, so it's fair to say that he does not remain in jail either. One could make the argument that the German was not entirely innocent, but the level of guilt does not rise to what the man sitting in the passenger seat did.

Heck, the Pope is an ex-Wehrmac­ht soldier, and that didn't keep him out of the Papacy. Sometimes it is difficult to not be associated with bad people, when one lives in the same society.
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HUFFPOST COMMUNITY MODERATOR
bubbuh
07:09 AM on 11/25/2008
Weak people need to "punish" all those who "oppose" them. Only by humbling others, even those already humbled, can the weak feel powerful.
08:55 AM on 11/25/2008
NFL on Xbox ehhh.