Hamdan vs. Rumsfeld, et al
June 16, 2004 11:57 PM Subscribe
Consider Lt. Cmdr. Charles Swift,
military defense attorney, now representing Salim Ahmed Salim Hamdan
, a Yemeni who admits he was a driver for Osama bin Laden, a prisoner at Guantanamo since 2002. He was transferred to solitary confinement in December in preparation for trial, but no trial date has been set.
He has been told the trial will be fair but that evidence may be withheld from him, and his lawyer must ask the government's permission before revealing any facts of the case. He can seek redress only up the chain of command--in other words, to the people who decided he should be charged in the first place. Swift has filed lawsuit in Federal District Court in Seattle against Secretary of Defense Donald Rumsfeld and President George W. Bush, arguing not only that Hamdan is an innocent civilian, but that the military tribunal President Bush's administration created to try him is unconstitutional. Also, he says, the tribunal rules violate military law and the Geneva Conventions. If the government is right and Hamdan cannot use this legal avenue, "the logical result" is that Hamdan "could serve a potential life sentence without ever being charged with a crime and without being afforded a chance to prove his innocence," legal filings state. (More Within)
posted by y2karl (21 comments total)