{"id":194972,"date":"2008-08-05T23:00:00","date_gmt":"2008-08-06T04:00:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2008\/08\/05\/hamdan-trial-at-guantanamo\/"},"modified":"2008-08-05T23:00:00","modified_gmt":"2008-08-06T04:00:00","slug":"hamdan-trial-at-guantanamo","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2008\/08\/05\/hamdan-trial-at-guantanamo\/","title":{"rendered":"Hamdan Trial at Guantanamo"},"content":{"rendered":"<p>The prosecution wanted the instructions to the jury changed, but withdrew the request <a href=\"http:\/\/www.reuters.com\/article\/worldNews\/idUSN0532374620080806\">when it was clear that this would result in a mistrial<\/a>.  Furthermore, the judge said that they had waited too long.<\/p>\n<p>The judge instructed the jury that, in order to find him guilty on the charge of transporting the missiles, &#8220;they must find the missiles were intended for use against protected people &#8212; civilians not involved in hostilities, soldiers removed from combat by illness or capture, or religious or medical personnel.&#8221;<\/p>\n<p>Since at the time of his capture, the only aircraft flying in Afghanistan were US and coalition aircraft, it seems to me that this is innocent.<\/p>\n<p>The prosecution objected to this instruction, they wanted the judge to, &#8220;Tell jurors that any attempt by an &#8216;unlawful enemy combatant&#8217; to kill a U.S. soldier in combat is a war crime,&#8221; which is a novel definition of a war crime, and, as the defense put it, &#8220;Then the United States committed a war crime by providing missiles to mujahideen forces who used them against the Soviet military in Afghanistan in the 1990s.&#8221; (date wrong in the article.  It was the 1980s.)<\/p>\n<p>These really are Kangaroo courts, and I think that the prosecutors may very well be committing a war crime, or a crime against humanity, by working under these rules.<\/p>\n<p>Finally, the military managed to create this homage to Kafka:<\/p>\n<blockquote style=\"color: rgb(0, 0, 153);\"><p>Hamdan was allowed an hour-long phone call with his wife in Yemen on Monday evening, a Guantanamo official said. Defense attorneys said they tried to get permission for her to attend the trial but were refused on <span style=\"font-weight: bold;\">grounds that she is married to a terrorism suspect.<\/span><\/p><\/blockquote>\n<p>(<span style=\"font-style: italic;\">emphasis mine<\/span>)<\/p>\n<p>We really need to prosecute the entire chain of war crimes from top to bottom when Bush and His Evil Minions<sup>\u2122<\/sup> are out of power, from the lowliest officer (the enlisted men have been prosecuted) to the very highest authority.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The prosecution wanted the instructions to the jury changed, but withdrew the request when it was clear that this would result in a mistrial. Furthermore, the judge said that they had waited too long. The judge instructed the jury that, in order to find him guilty on the charge of transporting the missiles, &#8220;they must &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[970,1032,1076],"tags":[],"class_list":["post-194972","post","type-post","status-publish","format-standard","hentry","category-corruption","category-crimes-against-humanity","category-terrorism"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/194972"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=194972"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/194972\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=194972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=194972"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=194972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}