Bin Laden Driver Sentenced To Only 5.5 Years

The Bush Administration suffered another setback in its handling of Guantanamo Bay prisoners Thursday when a military jury sentenced Osama bin Laden's driver to only 5.5 years -- and the judge gave him credit for five years imprisoned at Gitmo. The Administration had pushed for 30 years.

On Wednesday, the jury -- consisting of six military officers -- acquitted Salim Ahmed Hamdan of conspiracy, which was originally the only charge. Later, he was charged with, and then convicted of, aiding bin Laden and transporting weapons ("material support"). The judge called Hamdan, who did not deny being bin Laden's driver, "a small player." Hamdan, who has only a fourth grade education, said he kept his job because he has two children and bin Laden paid well.

The defense argued that the material support charge was unconstitutional. That's because "material support" was not designed as a war crime until 2006 ... but Hamdan's tenure with bin Laden occurred from 1996-2001. It was in 2006 that Congress and the White House also agreed on military tribunals, in the wake of the Supreme Court decision in Hamdan v Rumfeld.

This is the first U.S. military commission since World War II. Defense attorneys noted that Hitler's driver was not charged at the Nuremberg trials.

The verdict is certain to generate gnashing of teeth among hard-liners who believe everyone at Gitmo should be in jail with the key thrown away. And the sad fact is that the Administration claims that it can still hold Hamdan "indefinitely" as an "enemy combatant." If that's truly the case, why go through the charade (and expense) of military tribunals?

Read About's Guide to Terrorism, Amy Zalman, on the two causes of terrorism as well as her timeline of Gitmo events. Tom Head explains Hamdan v Rumsfeld, the Supreme Court decision that led to the first Administration set-back in this specific case. Also from Tom: The Life and Trials of Salim Hamdan.

From around the web: John Cole, Obsidian Wings, The Corner.