What better way to celebrate the 7th anniversary of Ignored "Bin Laden Determined to Strike in the US" PDB Day than with a conviction in a sham show trial?
Yup, it's been seven years since that infamous daily briefing at the Crawford pig farm ranch, an event which Bush marked by taking the rest of the month off.
The day after he received the memo, "Bush seemed carefree as he spoke about the books he was reading, the work he was doing on his nearby ranch, his love of hot-weather jogging, his golf game and his 55th birthday," the Washington Post noted. Today — 2,557 days later — Bin Laden still remains free and "determined to strike in U.S."
But they got his driver. Sort of.
After closing arguments Monday, Charles D. Swift, a former Navy lawyer who has represented Mr. Hamdan for years, said the two-week proceeding here had been a trial that did not follow the American rule of law and that the defense believed American courts would eventually correct the legal errors here. Mr. Swift called the military commission "a made-up tribunal to try anybody we don’t like."
The not-guilty verdict on the conspiracy charge was a setback for the military prosecutors. The charge had asserted that Mr. Hamdan joined in the conspiracy that included the 2001 and other major terror attacks by helping transport and protect Mr. bin Laden....
Michael J. Berrigan, the deputy chief defense counsel for Guantánamo, said the defense was encouraged by the verdict. "For a team that was expected to strike out at every pitch," he said, "we at least hit a triple."
He described the conspiracy charge that was rejected by the panel as the government’s main charge, and noted that when Mr. Hamdan was originally charged in 2003 the only charge he faced was conspiracy.
So, while they don't have bin Laden, and have no convinctions of anyone involved in that conspiracy, they've got Hamdan on "material support." And, as the Center for Constitutional Rights, which has led the legal battle over Guantanamo for the last six years, points out they've sealed the undermining of long-standing traditions of jurisprudence:
"Hamdan’s trial violated two of the most fundamental criminal justice principles accepted by all developed nations: the prohibition on the use of coerced evidence and the prohibition on retroactive criminal laws.
The trial will not create finality – the decision to keep these cases out of the ordinary criminal courts will produce years of appeals over novel legal issues raised by the untested military commissions system. Even after those appeals are finished, the process will never be seen as legitimate by the world. This case was the first trial run of the commissions system, and the decision proves nothing except that the system itself should be scrapped. Terrorism-related crimes should be tried in the time-tested domestic criminal justice system, a system whose rules have been designed over the centuries with one goal: to seek out the truth."
While those years of appeals proceed, the Pentagon intends to detain all of the defendents forever, anyway, even those who are acquitted. As if that will keep the world from noticing that bin Laden is still at large and the "War on Terror" has been a complete debacle.
