First Gitmo war crimes trial to begin

by James Oliphant

Monday marks a day the Pentagon has been aiming for for years: The first full-blown war crimes trial of an accused terrorist before its specially created military commission.

The defendant is Salim Ahmed Hamdan, 37, who served as Osama bin Laden's driver in Afghanistan. He's charged with conspiracy and supporting terrorism. If convicted, he faces life in prison.

Hamdan has long served as a test case for the legality of the tribunals. In 2006, acting on a challenge from Hamdan's defense team, the Supreme Court struck down the Pentagon's first attempt at drawing procedures to try the Guantanamo detainees. That gave rise to congressional passage of the Military Commissions Act.

Still, human-rights activists complain that the trial is rigged: that commission members are influenced by the military command hierarchy; that evidence obtained by coercion and other means can be admitted against Hamdan; and that lawyers on Hamdan's defense team have been given inadquate time, materials and access to Hamdan and other witnesses to prepare a meaningful defense.

There are also concerns that Hamdan, as a result of his more than five years of detention, is suffering from post-traumatic stress disorder and is unable to substantively contribute to his own defense.

Defense Department charging documents say Hamdan, a Yemeni, was a member of al-Qaeda for five years, from 1996 to 2001 and in that time was an active participant in a conspiracy to attack the United States. Along with serving as bin Laden's driver, the Pentagon says Hamdan was at times bin Laden's bodyguard. And that he also transported weapons to al-Qaeda training sites and participated in training sessions.

Hamdan's lawyers have made and continue to make multiple objections to the legality of the commissions. And even if Hamdan is convicted, those challenges will continue, making this trial another test case for the 80 or so detainees at Guantanamo who may be tried using this system.