Preview of Member Only Content
For full access: or Become a Member
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.
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or firstname.lastname@example.org
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.