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Hamdan Convicted of Lesser Offense in First Full Military Commission Trial, Sentenced to Time Served Plus Five Months

Published online by Cambridge University Press:  10 March 2017

Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Copyright
Copyright © American Society of International Law 2008

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References

1 The charges against Hamdan are at <http://www.defenselink.mil/news/May2007/Hamdan_Charges.pdf>. See William, Glaberson Panel Convicts Bin Laden Driver in Split Verdict , N.Y. Times, Aug. 7, 2008, at A1Google Scholar; Jerry, Markon Hamdan Guilty of Terror Support , Wash Post, Aug. 7, 2008, at A1.Google Scholar

2 John, R. Crook Contemporary Practice of the United States, 101 AJIL 185 (2007).Google Scholar

3 John, R. Crook Contemporary Practice of the United States, 101 AJIL 486 & 662 (2007).Google Scholar

4 William, Glaberson Ln 2 Cases, Potential for a Decisive Ruling on Detainee Prosecutions , N.Y. Times, July 4, 2008, at A12Google Scholar; Del Quentin, Wilbur Former Driver for Bin Laden Seeks Delay in Military Trial , Wash. Post, July 4, 2008, at A12Google Scholar; Scott, Shane & C. William, Glaberson Rulings Clear Military Trial of a Detainee , N.Y. Times, July 18, 2008, at A1Google Scholar; Quentin, Wilbur & Jerry, Markon Judge Says Detainee’s Trial Will Proceed , Wash. Post, July 18, 2008, at Al4.Google Scholar

5 Jerry, Markon Detainee’s Trial in Military System Begins Today , Wash. Post, July 21, 2008, at A3Google Scholar; William, Glaberson & Eric, Lichtblau Guantánamo Detainee’s Trial Opens, Ending a Seven-Year Legal Tangle , N.Y. Times, July 22, 2008, at A12Google Scholar; William, Glaberson Two Sides at Guantánamo Trial Paint Starkly Different Pictures of the Defendant , N.Y. Times, July 23, 2008, at A17Google Scholar; Jerry, Markon Witness: Hamdan Had 2 Missiles When Arrested , Wash. Post, July 23, 2008, at A12Google Scholar; Jerry, Markon Lnterrogator Testifies About Hamdan’s Work with Bin Laden , Wash. Post, July 24, 2008, at A16Google Scholar; William, Glaberson Prosecution States Its Case in First Guantánamo Trial , N.Y. Times, July 26, 2008, at A9Google Scholar; Jerry, Markon Goal of the Trial: Credibility , Wash. Post, July 27, 2008, at A2Google Scholar; William, Glaberson Below Surface, A Terror Trial Reveals Itself , N.Y. Times, July 29, 2008, at A1Google Scholar.

6 Jerry, Markon Lawyers Want Detainees to Testify in Terror Trial , Wash. Post, July 15, 2008, at A2Google Scholar; Jerry, Markon Work for Bin Laden Is Said to Predate War , Wash. Post, July 29, 2008, at A13Google Scholar; William, Glaberson Prosecution Rests, Then Terror Trial Enters Secret Session to Hear Defense Testimony , N.Y. Times, Aug 1, 2008, at A13Google Scholar; Jerry, Markon & Julie, Tate Hamdan Trial Closed for Testimony of Two Defense Witnesses , Wash. Post, Aug. 1, 2008, at A13Google Scholar; Jerry, Markon Hamdan Seen as ‘Not Fit’for Terror , N.Y. Times, Aug. 2, 2008, at A7Google Scholar; William, Glaberson Terror Trial Nears End as Defense Rests Case , Wash. Post, Aug. 2, 2008, at A9Google Scholar; William, Glaberson Lawyer Suggests Detainee Aided U.S. in Afghanistan , N.Y. Times, Aug. 5, 2008, at A12Google Scholar; Jerry, Markon Case Against Bin Laden s Driver Goes to the Jury , Wash. Post, Aug. 5, 2008, at A8Google Scholar; William, Glaberson Terrorism Trial Judge Admits Possible Instruction Error, but Deliberations Go On , N.Y. Times, Aug. 6, 2008, at A18.Google Scholar

7 Captain Allred earlier disqualified the legal adviser to the Defense Department Convening Authority for the Guantánamo prosecutions—an Air Force brigadier general—from serving on the prosecution team in Hamdan’s case. Josh, White Adviser Barred from Detainee Case over Bias Concerns , Wash. Post, May 11, 2008, at A2.Google Scholar

8 William, Glaberson Panel Sentences Bin Laden Driver to a Short Term , N.Y. Times, Aug. 8, 2008, at A1Google Scholar; Jerry, Markon & Josh, White Bin Laden Driver Gets 5*6 Years; U.S. Sought 30 , Wash. Post, Aug. 8, 2008, at A1Google Scholar.

9 Josh, White Plea Deal for Hamdan Had Been Discussed , Wash. Post, Aug. 10, 2008, at A3.Google Scholar

10 The military judge’s ruling is at <http://www.defenselink.mil/news/commissionsHamdan.html> (“Ruling on Motion to Suppress Statements D-029 and D-044”). See William, Glaberson Detainee’s Lawyers Make Claim on Sleep Deprivation , N.Y. Times, July 15, 2008, at A15Google Scholar; Jerry, Markon Guantanamo Judge Blocks Use of Some Statements , Wash. Post, July 22, 2008, at A1Google Scholar.

11 U.S. Dep’t of Defense News Release No. 666–08, Detainee Convicted of Terrorism Charge at Military Commission Trial (Aug. 6, 2008), at <http://www.defenselink.mil/releases/release.aspx?releaseid=12118>>Google Scholar.