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Appeals Court Overturns Terrorism Conviction of Bin Ladenís Driver (DC Circuit)
New York Times ^ | October 16, 2012 | By JOHN H. CUSHMAN Jr.

Posted on 10/16/2012 4:33:54 PM PDT by Brad from Tennessee

WASHINGTON — A federal appeals court on Friday overturned the terrorism conviction of Salim Ahmed Hamdan, a former driver and bodyguard for Osama bin Laden whose case has been one of the most tangled to emerge from the war crimes trials of detainees held by the military at Guantánamo Bay, Cuba.

The court found that Mr. Hamdan’s conviction by a military commission for providing material support for terrorism could not stand because, under the international law of war in effect at the time of his actions, there was no such defined war crime. . .

(Excerpt) Read more at nytimes.com ...


TOPICS: Front Page News
KEYWORDS: obamalegacy; proterrorist; warcrimes; waronterror

1 posted on 10/16/2012 4:34:02 PM PDT by Brad from Tennessee
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To: Brad from Tennessee
As 0bama and Holder cheer this great victory.
2 posted on 10/16/2012 4:41:34 PM PDT by mojito (Zero, our Nero.)
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To: Brad from Tennessee
Sucky thing, that Ex Post Facto. /s

The Kenyan must go.

3 posted on 10/16/2012 4:45:26 PM PDT by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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To: mojito

The decision was by Judges Kavanaugh (appointed by G.W. Bush), Sentelle (appointed by Reagan) and Douglas Ginsburg (also appointed by Reagan).


4 posted on 10/16/2012 4:54:50 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Brad from Tennessee

Only one answer ... send him to live with the judge....


5 posted on 10/16/2012 4:57:36 PM PDT by Breto (The Establishment party is killing our country)
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To: Brad from Tennessee

http://www.cadc.uscourts.gov/internet/opinions.nsf/722A4A4B384D5EC985257A99004D77C0/$file/11-1257-1399811.pdf

May be a “keep them in Guantanamo, don’t try them” message there.


6 posted on 10/16/2012 5:02:30 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Brad from Tennessee

Question? Does the USA as to prosecuting anti USA persons involved with terrorist activities beholden to some ‘international’ law. If so the USA is bye-bye as an independent and free nation.


7 posted on 10/16/2012 5:10:02 PM PDT by noinfringers2
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To: Brad from Tennessee

It’s past time, they never leave the field of battle.


8 posted on 10/16/2012 5:12:01 PM PDT by Kakaze (I want The Republic back !)
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To: Brad from Tennessee

Shocker!


9 posted on 10/16/2012 5:20:47 PM PDT by bayouranger (The 1st victim of islam is the person who practices the lie.)
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To: noinfringers2
He said the government should prosecute in civilian courts any Guantánamo prisoners against whom it has enough admissible evidence.

How the F do you prosecute a non-citizen apprehended on a FOREIGN battlefield in US civilian court?

10 posted on 10/16/2012 5:35:42 PM PDT by a fool in paradise (Obama likes to claim credit for getting Osama. Why hasn't he tried Khalid Sheikh Mohammed yet?)
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To: Brad from Tennessee

Dumb question, but why does it say “Friday?” Which Friday?


11 posted on 10/16/2012 5:45:46 PM PDT by PghBaldy (I am sick of Obama's and Hillary's apologies to muslims, especially after 11 September 2012.)
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To: a fool in paradise
How the F do you prosecute a non-citizen apprehended on a FOREIGN battlefield in US civilian court?

Think that through.

We prosecute non citizens, such as a murderer, caught in FOREIGN lands by catching them and bringing them here to face justice, just like we do with any number of violent criminals who commit heinous crimes against American citizens and property on foreign soil.

Not uncommon, and being in say, France, doesn't protect you if we find you, capture you, and bring you here.

Been legal for about 250 years or so...

12 posted on 10/16/2012 6:01:16 PM PDT by bill1952 (Choice is an illusion created between those with power - and those without)
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To: PghBaldy

It may be that the court finished writing the opinion Friday but it was not available to the public until Monday or Tuesday. But I’m just guessing.


13 posted on 10/17/2012 12:33:14 AM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: Brad from Tennessee

Why capture them?

Just shoot terrorists and be done with it.

Let Mr. Executive Order himself sign the rendition order, but do not hold your breath for it, he is too busy signing environmental executive orders in order to destroy our economy.


14 posted on 10/17/2012 4:48:12 AM PDT by Candor7 (Obama fascism article: http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: bill1952

IF the murder was committed America and the criminal fled, they are committed crimes under our jurisdiction (although we still must request that a foreign government relinquish him to us).

Recall that President Obama let Roman Polanski walk. The Democrats War on Women continues.

This notion challenges whether there can be military courts for non-citizens.

Better let the war criminals of WWII all go free now.


15 posted on 10/17/2012 9:26:07 AM PDT by a fool in paradise (Obama likes to claim credit for getting Osama. Why hasn't he tried Khalid Sheikh Mohammed yet?)
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To: Breto
Only one answer ... send him to live with the judge....

He actually served his entire sentence (at Gitmo), and was released (to Yemen) before the court decided.

16 posted on 10/17/2012 10:12:47 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: noinfringers2
Question? Does the USA as to prosecuting anti USA persons involved with terrorist activities beholden to some ‘international’ law. If so the USA is bye-bye as an independent and free nation.

Not what the Court ruled.

After 9/11, Congress passed a specific law allowing military commissions to try non-US terrorists on a long list of charges, which included "material assistance" to a terrorist organization. Before 9/11, there had been only an old, general statute which said the military could try foreigners for "war crimes in violation of the law of nations." The Court held that, under the Constitution's ex post facto clause, no one can be tried for "material assistance" unless their acts were committed after that post-9/11 law was passed; because "material assistance" was never recognized as a war crime under international law, it was not covered by the old law.

17 posted on 10/17/2012 10:26:00 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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