Military Judge Rules Hamdan May Be Tried By A Military Commission
The Guantanamo Military Commission has ruled that Salim Hamdan, bin Laden's former driver, may be tried by a military commission.
The Government has carried its burden of showing, by a preponderance of the evidence, that the accused [Salim Hamdan] is an alien unlawful enemy combatant, subject to the jurisdiction of a military commission. The Commission has separately conducted a status determination under Article 5 of the Third Geneva Convention, and determined by a preponderance of the evidence that he is not a lawful combatant or entitled to Prisoner of War Status. There being no Constitutional impediment to the Commission's exercise of jurisdiction over him, the Defense Motion to Dismiss for Lack of Jurisdiction is DENIED. The accused may be tried by military commission.
The AP has more coverage. Sahr MuhammedAlly, Senior Counsel with the Law & Security Program at Human Rights First, wrote about the two day hearings here: (preview) (day 1) (day 2).
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