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NACDL News: Flawed and Unjust Guantánamo Military Commissions Exposed Again
By Ivan J. Dominguez
NACDL News columns.
On Oct. 16, 2012, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit overturned the conviction for material support for terrorism of Salim Ahmed Hamdan, a driver for Osama bin Laden. As explained by the court, “[b]ecause we read the Military Commissions Act not to retroactively punish new crimes, and because material support for terrorism was not a pre-existing war crime under 10 U.S.C. § 821, Hamdan’s conviction for material support for terrorism cannot stand.” This is not the first time a federal appellate court has had to remind the military that there are constitutional limits to its legal authority, even at Guantánamo.
“The National Association of Criminal Defense Lawyers has maintained for over a decade that the Guantánamo military commissions are fundamentally flawed and violate American constitutional principles of fairness and due process. Once again, the commissions have been exposed as vulnerable to government excess and abuse.
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