Hamdan Sentenced to Only 5.5 Years By Military Tribunal, Could Get Out in 5 Months

Terrorism

Hamdan Sentenced to Only 5.5 Years By Military Tribunal, Could Get Out in 5 Months

Posted Aug 7, 2008, 02:46 pm CDT
By Martha Neil

Prosecutors sought a prison term of at least 30 years for Salim Ahmed Hamdan, the Osama bin Laden chauffeur convicted this week of some, but not all, of the terrorism support charges against him. However, a jury of six military officers sentenced him to five-and-a-half years today.

With credit for the five years he has already been detained at Guantanamo Bay, Cuba, awaiting trial, Hamdan would be eligible for release in about five months, according to the Washington Post. He could have been sentenced to as much as life in prison.

"Prosecutors had called for a sentence of at least 30 years in prison and implored jurors to consider a life term. And they ridiculed Hamdan's statement before the military court at the U.S. detention facility here," the newspaper writes.

Hamdan reportedly thanked the jurors for the sentence, and repeated an earlier apology for having worked for bin Laden.

"Hamdan had admitted working for Bin Laden in Afghanistan from 1997 to 2001 for $200 a month, but said he worked for wages, not to wage war on the U.S.," writes the BBC. He was convicted of five counts of aiding terrorism, but acquitted of the most serious charges—two counts of conspiracy—as well as three other counts of aiding terrorism.

It is not clear that he will be released within months: "Pentagon officials have insisted they retain the right to keep Hamdan in prison whatever his sentence in the war crimes trial," due to his status as a claimed enemy combatant, writes Agence France-Presse. However, "defense lawyers and human rights advocates say the United States will come under intense international pressure to release Hamdan if it refuses to free him even after he serves his sentence."

Lawyers representing Salim Ahmed Hamdan have said they plan to turn to the nation's civilian courts to appeal his conviction, the Christian Science Monitor reported earlier today, in a wrap-up of worldwide coverage of the case before the sentence was announced.

The historic case, which is the first war-crimes trial to be held by the U.S. since World War II, is the first of about 80 such tribunals expected to be held concerning Guantanamo detainees.

"Critics of the court say the trial did not adhere to American standards of justice and that Hamdan, a chauffeur, was not an important player in al-Qaida, a view echoed by the presiding judge in the case," the Monitor writes.

Earlier coverage:

ABAJournal.com: "Military Jury Convicts Bin Laden’s Driver of Supporting Terrorism"

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Posted by J.D. - 1 month, 1 day, 4 hours, 45 minutes ago

This is where recidivism MUST be considered in determining an appropriate sentence.

If a junkie goes back to shooting up heroin after a brief sentence in prison, that’s one thing. But if it’s determined that the individual IS A TERRORIST, then the only rational sentence is life in prison or the death penalty.

Does anyone think that a person convicted on terrorism charges can be “rehabilitated” in prison? Do you really think that prison will make a jihadist love America? Hell, no.

Where will this guy go when released?
Posted by C - 1 month, 1 day, 1 hour, 11 minutes ago

Are you serious? Do you believe everything the administration tells you? Maybe our government will actually start proving some of the claims that they’ve been feeding us for the past 7 years. Our government has made a mockery of justice and I utterly shocked that people who actually have law degrees aren’t horrified by it. Bush and his cronies have been unable to capture the real terrorists, so we’ll pay bounty hunters in Pakistan to bring us bodies to fill the prison at Gitmo. I find it beyond shocking that even when the Bush administration rigs the proceedings AND the jury AND hand picks the judge they still can’t convince their own people that this guy did what they claim.

Now before I get accused of being some kind of lefty or terrorist sympathizer, I voted for Bush TWICE because I thought he knew what he was doing with regard to our security. Now it has become obvious that Bush chooses to focus on security issues because he lacks the mental capacity to understand the real problems facing this country. Sadly he’s managed to screw up even the one issue that led me to vote for him.
Posted by Bob - 1 month, 14 hours, 3 minutes ago

What ranks were the officers in the jury? Had any of them served in Iraq or Afghanistan? It would be interesting to know the jury’s perspective in sentencing this man.
Posted by J.D. - 1 month, 11 hours, 22 minutes ago

To C:

Your own statements prove the idiocy of your conclusions.

As you note, the tribunals have found some detainees guilty, and some not guilty. That should limit your fears about a biased court proceeding.

But, are you at all aware that some detainees found “not guilty” and who were subsequently released back to their homeland were RECAPTURED while fighting against Coalition Forces?

My question remains unanswered: Does anyone really think that jail time will have ANY effect on individuals who would slit your throat in a heartbeat?
Posted by DCEsq. - 1 month, 10 hours, 51 minutes ago

C., your questions is silly. I regret that there is no other way to describe it. I suspect that you will not receive an answer to it because all self-respecting people of intelligence will see it for the irrrational conclusion-based idiological stance that it is. So it is my turn to ask you some questions in order to “rehabilitate” your question. (1) Who are the individuals who would slit your throat in a minute?; (2) What proof is there that Hamdan is such an individual?; (3) What kind of effect is jail time supposed to have on these individuals?; and (4) What is “jail time”? I hope these questions help. But if you find that you cannot answer any of them because ideology has choked the mind, you can certainly offer the source for the very interesting point that some “not guilty” detainees have been recaptured. Who are these detainess? Where were they captured? Who captured them? When were they captured? When were they released and from where so that they went off to fight again? For whom were they fighting when they were captured? Goodness, so many questions! Who would have thought that life was so complicated?
Posted by DCEsq. - 1 month, 10 hours, 50 minutes ago

I was typing too fast! My comment, of course, was meant for J.D., which I hope only stand for the initials in the person’s name.
Posted by DCEsq. - 1 month, 10 hours, 46 minutes ago

Regarding the third post, if a black 65-year old man who works in a widget factory is accused of murder in a state court in our civilized civilian society, do members of the jury have to be: (1) black, (2) senior citizen, or (3) employed in the field of widget manufacturing?
Posted by DCEsq. - 1 month, 10 hours, 40 minutes ago

Oh yes, J.D., one last question. Silly me, I forgot to ask it. Do all jihadists hate America? Think hard, now, as it’s a trick question! Oh and, lastly, Hamdan will go back to Yemen when released to support his wife and children there, according to press reports.

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