October 16, 2012
Awesome: Court Reverses Terrorist Conviction
And now we see the down side of civilian courts overseeing the trials of terrorist captured abroad:
Members of the U.S. Court of Appeals in Washington overturned the decision of a U.S. military tribunal, arguing that Salim Hamdan's actions did not violate the war crimes standards that were in place at the time of his military trial four years ago.So, what to do with this guy? The last time I checked we still are in a shooting war with al Qaeda.
“At the time, the international law of war did not proscribe material support for terrorism as a war crime,” Circuit Judge Brett Kavanaugh wrote in the panel's majority opinion reversing the Hamdan conviction.
Hamdan was found guilty by a U.S. military tribunal of war crimes for providing "material support" to al Qaeda in his role as bin Laden's driver four years ago.
So, are the courts now really saying that: a) You cannot hold an enemy combatant without a trial; b) You cannot convict them because fighting the US is not (or was not) a crime?
Because if that's the case, then the Court's have just set up an impossible standard for the remaining detainees at Gitmo.