Salim Hamdan

On February 10, it was reported that Ibrahim al-Qosi, a 50-year old Sudanese prisoner in Guantánamo who accepted a plea deal in his trial by Military Commission last July, had the 14-year sentence that was subsequently handed down by a military jury reduced to two years by Retired Vice Adm. Bruce MacDonald, the Convening Authority [...]

Last Friday, Ken Ota of the newspaper Revolution asked me to do a phone interview to discuss the recent announcement that President Obama was planning a new series of trials by Military Commission at Guantánamo, to explain the significance of this announcement, and to run through the largely shambolic history of the Commissions since their [...]

For T. S. Eliot, April was the cruelest month, but for the prisoners at Guantánamo it is January — from the dashed hopes of January 2009, when President Obama swept into office issuing an executive order in which he promised to close the prison within a year, to January 2010, when, having failed to do [...]

To listen to certain Republican critics of last week’s verdict in the federal court trial of the Tanzanian Ahmed Khalfan Ghailani, a former Guantánamo prisoner and a former CIA “ghost prisoner,” you would think that the jury had found him not guilty, and that he had been released onto the streets of New York. In [...]

Since coming to power 15 months ago, promising to close Guantánamo within a year, and suspending the much-criticized Military Commission trial system for terror suspects, President Obama’s zeal for repudiating the Bush administration’s “War on Terror” detention policies has ground to a halt. The rot set in almost immediately, when the new administration invoked the [...]

Lt. Col. David Frakt, Associate Professor of Law at Western State University College of Law and a Lieutenant Colonel in the US Air Force Reserve JAG Corps, served as lead defense counsel with the Office of Military Commissions, and has long distinguished himself as a particularly intelligent and knowledgeable critic of the Commissions, which were [...]

Last Tuesday, a little known court — the Court of Military Commissions Review — convened to hear appeals in the cases of the only two men sentenced in the Military Commission trial system established by Congress in 2006, after the first version, conceived by Vice President Dick Cheney and his close advisors in November 2001, [...]

A month ago, rulings made by District Court judges in the habeas corpus appeals of prisoners held at Guantánamo seemed, for the most part, to confirm that the courts were uniquely placed to deliver justice to the prisoners after their long years of imprisonment, largely without charge or trial. Even more crucially, the judges’ rulings [...]

A month ago, when the Senate Armed Services Committee heard testimony on “legal issues regarding military commissions and the trial of detainees for violations of the law of war”, and the Constitution, Civil Rights, and Civil Liberties Subcommittee of the House Committee on the Judiciary held a hearing on “Legal Issues Surrounding the Military Commissions [...]

At Guantánamo this week, the Military Commission trial system convened for only the second time since President Obama announced a four-month freeze on all proceedings on his first day in office to give the new administration’s inter-departmental Guantánamo Task Force an opportunity to review the best ways in which to deal with the remaining prisoners [...]