With all the Gitmo buzz coming from D.C. these days, not much attention's been paid to the bayside camp itself. But legal news is being made there, too:In the "portable tent" that serves as the Guantánamo Bay courthouse, a military judge heard a "marathon" of evidence last week on whether detainee Salim Ahmed Hamdan (right) is, as the government claims, an "unlawful enemy combatant" subject to trial by military commission. Defense attorneys contend that Hamdan -- whose earlier led to Supreme Court invalidation of the President's military commissions -- was a noncombatant, a driver, nothing more than a "low-ranking employee" of al-Qaeda leader Osama bin Laden. Witnesses for the prosecution countered, calling Hamdan a fighter and transporter of weaponry. (The prosecution has a new chief, incidentally, following the prior chief's resignation 10 weeks ago because, as he writes, of his conclusion that the Gitmo trials cannot be fair.) The judge now has the matter under advisement.
The other detainee case that's moving forward is that of Omar Khadr (left), who was 15 when captured. A military judge dismissed it in June; a few months later, however, the newly minted U.S. Court of Military Commission Review reversed that decision. Today, defense counsel labors under "an order not to tell anyone, including his client, who will be testifying against him." The attorney called it "an unprecedented level of secrecy that undermines the Canadian terror suspect's trial in Guantanamo Bay."And on the other side of the Atlantic:
► The trial in France of 7 French nationals released from Gitmo 2-1/2 years ago is nearing conclusion. LeMonde reports that the public prosecution ministry has asked that 6 of the 7 be found guilty of "associating with malefactors in relation to a terrorist enterprise," the French statutory equivalent of the United States' "material support for terrorism." As to 5 of those 6, 1 year's imprisonment is sought (for the other, 5 years); if accepted, none would be returned to custody because their prior time in French prisons, plus their 3 years at Gitmo, exceeds the requested term. As for a 7th ex-detainee, the prosecutor admitted there's little evidence and asked that he not be convicted.
► Saudi ex-detainees are said to be "reintegrating" into life back home.
► Speculation's stirring about whether 4 Britons soon to be returned would face further detention or freedom at home. Their release would drop the detainee population at Gitmo -- through which 777 captives reportedly have passed -- to about 300.
