.....Now Hamdan would be barred from part of his trial, while the government presents classified evidence that only his attorneys would be allowed to see. The government says national security necessitates the step, leading to the judge's ruling that the Bush administration's military commissions are unlawful.

"The right to be present at all stages in criminal proceedings is fundamental, guaranteed by military law, common law, constitutional law and international law," Hamdan's attorneys say in an appeals court filing.

Hamdan has been charged with being a member of a conspiracy to "attack American civilians, acting as an illegal combatant, in violation of the traditional laws of war." His lawyers say:

“A driver, whether he is Hitler’s driver, Martha Stewart’s driver or any other driver, doesn’t necessarily have any knowledge of what’s going on. Driving Osama bin Laden around didn’t kill anybody. ... He has the great misfortune of having chosen a terrible employer, but that doesn’t make him a terrible person.”

Hamden's tribunal proceeding was underway last year when the Judge stopped it to determine whether Geneva Convention protections applied.

[Judge] Robertson ordered the government to convene a tribunal of military officers to determine whether Hamdan is a prisoner of war, an illegal enemy combatant, or perhaps an innocent man with no role in al-Qaida. For the time being, Robertson said, Hamdan does get Geneva Convention protections.

The Government appealed the ruling, and now the Appeals court will decide. Eventually, the case may reach the Supreme Court.