The Bush administration is happily strutting around the White House today, congratulating themselves on the successful prosecution of Salim Ahmed Hamdan. After six-plus years of illegally grabbing up foreign nationals (Mr. Hamdan is Yemeni) and locking them away in Guantamano Bay without formal charges, right of counsel, trial or even a phone call; there has finally been a conviction.
And who did we prosecute? Was is Mulah Omar, the head of the Taliban? How about Ayman al-Zawahiri, the number two man in al qaeda? Nope! The entire weight of the United States Armed Forces and the Federal Government was brought to bear on....Osama bin Laden's chauffeur. Kind of makes you proud, doesn't it?
But wait! As car hop to the head evil-doer, Mr. Hamdan must have been guilty of something else. After all, he was right there. Did bin Laden send him for coffee when he was planning all those terrorist plots? The U.S. government thought so. They charged Hamdan with conspiracy to commit al qaeda terrorist acts as well as the lesser charge of playing Cato to bin Laden's Green Hornet.
Alas, even when tried by a jury of hand-picked officers from the Pentagon, the court could only convict Hamdan on the chauffeuring charge. (Just for the record; Hamdan admitted to being bin Laden's driver all along.) One can only assume (assumption being necessary because the trials are held in secret) that the case against Mr. Hamdan was so weak that even the military would have gagged on a conviction. I guess even Army Colonels have to sleep nights.
Nonetheless, George & Co. consider this a complete vindication of the military commission structure. Their spin is that Mr. Hamdan's acquittal on the conspiracy charge is proof that justice is possible, even behind closed doors...with no jury... and secret testimony...and ...and no cross examinations and absent witnesses...and with virtually every participant wearing a military uniform. It remains unclear whether Mr. Hamdan was charged with any traffic-related offenses (failure to signal, parking too close to a hydrant,etc.).
The conviction of bin Laden's chauffeur has drawn interesting reactions from around the world. Former participants in the Nuremberg trials expressed dismay that they failed to prosecute Hitler's green grocer and seamstress. n.b. The Nurmemberg commission actually considered prosecuting Hitler's driver but decided that he was too small a fish. The world court at the Hague was concerned at having allowed Slobodan Milosevic's food taster to escape punishment. And, the Russian government is standing by their decision not to prosecute Stalin's butler and his daughter's tennis coach.
America can rest easier tonight. A dangerous driver is behind bars (where he's been anyway for at least four years). The man responsible for insuring that Osama bin Laden was transported from point A to point B is locked away. Sadly, we were not able to apprehend Mr. Hamdan while he was squiring his famous passenger around the hills of Tora Bora. Alas, we don't even have the car. At least that might have provided a clue as to where bin Laden is spending his nights. We might have snagged an old motel receipt or a discarded book of matches.
Former chief prosecutor-turned- critic Col. Morris Davis spoke volumes when he was quoted as saying if Mr. Hamdan "gets a hefty sentence, it's got to send cold chills down the spine of bin Laden's barber and dry cleaner." What can I say except God is Great!
1 comment:
Analyzing this from a legal point of view is interesting.
1.There has already been substantial evidence of improper command influence on the case. Several people had to be reomved for that reason. The lifer colonels probably would have had their careers ruined if they let Hamdan walk entirely. It would have been a hideous embarassment to Bush et al. The lowest count conviction and the sentence which was almost to time served was probably the least they could do and still have careers and consciences.
2.There may still have been command influence on the sentence because it allows Bush to claim victory and throw the decision as to whether to release Hamdan onto the next adminstration.
3.While the jury was out, the judge conceded he had made error in the instructions. I'm not sure if it was harmless or reversable. There were also numerous evidentiary issues about convicting someone on coerced and tortured testimony. The time served sentence makes an appeal trickier - especially if Hamdan ends up released.
4. The judge seemed not to think Hamdan was the epitome of evil, stating publicaly to Hamdan that he hoped Hmadan would get back to his family. No judge will ever suggest to Osama that he hoped Osam would get back to the Ben Laden construcion business.
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