Aw, c'mon, it's all we got.
Salim Ahmed Hamdan never planted a bomb, never took a hostage, never wielded a box cutter, never fired a weapon in anger, and never planned an attack of any kind.
What he is alleged to have done, according to his US military commission charge sheet, is work as Osama bin Laden's driver in Afghanistan.
So how could military prosecutors at Guantánamo Bay, Cuba, charge him with being a terrorist and war criminal? The answer boils down to a single word: conspiracy. (. . .)
Four of the eight justices participating in the case ruled that the military commissions at Guantánamo did not have jurisdiction under the law of war to prosecute suspected Al Qaeda members for allegedly engaging in a conspiracy.
Conspiracy is not a war crime, said Justice John Paul Stevens in his plurality decision. And special military commissions can only try war crimes, he said.
The ruling is significant because all 10 detainees at Guantánamo slated for military commission trials have been charged with conspiracy, and seven of them (including Mr. Hamdan) face only a single conspiracy charge.
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