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Guantanamo Detainee Hamdan Returning to Yemen

The long ordeal of Salim Ahmed Hamdan, one time driver for Osama bin Laden, is almost over. The Washington Post reports within 48 hours he will be returned to his home country of Yemen to finish the last month of his sentence imposed by the military commission jury.

The U.S. military has decided to transfer Osama bin Laden's former driver from custody at Guantanamo Bay to his home in Yemen, ending the seven-year saga of a man the Bush administration considered a dangerous terrorist but whom a military jury found to be a low-level aide.

The Pentagon is trying to spare itself another loss in the Supreme Court. Had it refused to release Hamdan after his sentence was up, he surely would have litigated the question of whether the U.S. has the right to indefinitely detain those it deems enemy combatants after they've served their sentences.

"Legally, we absolutely have a right to hold enemy combatants, but politically is he the guy we want to fight all the way to the Supreme Court about?" said a defense official familiar with the release negotiations. "I think we came to the conclusion that, no, he wasn't. This is a win for everyone."

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    They should have asked him if he ever... (none / 0) (#1)
    by Salo on Tue Nov 25, 2008 at 11:10:27 AM EST
    ...broke speed limit laws in Afghanistan or jaywalked in Kabul perhaps.

    Would have been justice served. :-)

    It's interesting that they don't even want to try him in a court with a charge of conspiracy--even if it fails. He was at least associated with Bin Laden and as an employee of Al qaeda. Are the pols and lawyers involved so afraid of failure?
    OTOH the batmen and secretary's that worked for Hitler, Himmler etc, were never charged with war crimes or aiding and abetting so I suppose it's no loss.

    where would they have put (none / 0) (#3)
    by cpinva on Tue Nov 25, 2008 at 12:28:00 PM EST
    the batmen and secretary's that worked for Hitler, Himmler etc, were never charged with war crimes or aiding and abetting

    them all? to take that to the next logical progression, any germans, japanese, italians, etc., who worked in any factories supplying the military/government could have been tried for the same crimes.

    Parent

    Making it official -- Bin Laden('s driver) has won (none / 0) (#2)
    by jerry on Tue Nov 25, 2008 at 12:22:50 PM EST
    Ironic.  Tragic.  Hubris.  Couldn't find Bin Laden on the field.  Tore down the Constitution to defeat him in the US.

    Worst.President.Ever.

    Thats some weird logic... (none / 0) (#4)
    by reynwrap582 on Tue Nov 25, 2008 at 12:57:47 PM EST
    The statement by the official is that they don't want to take it all the way to the Supreme Court because the guy was just a driver and it'd be politically bad...even though they're sure they'd win?  If they're so sure, why not go for it then?  Certainly if they could prove their case for someone as low-level as bin Laden's driver, that'd set a very strong precedent for pretty much anyone else they wanted to hold indefinitely...  I'm thinking their confidence in winning is far lower than indicated.

    i'm also thinking, (none / 0) (#5)
    by cpinva on Wed Nov 26, 2008 at 02:57:49 AM EST
    if, as they claim, they have an absolute legal right to hold him, regardless of the outcome of any trial, what's the point of having a trial?

    these would seem to be two polar opposite positions, or am i missing some subtle nuance of law here?