Defending Hamdan - Comments - part 1

The Complex Terrain Laboratory completed last week a five-part article by Brian Glyn Williams, "Defending Hamdan". Williams was an expert witness for Hamdan's defense team. The article has some controversial points (IMO).

The links to the five-part article are here:

HAMDAN SYMPOSIUM
DEFENDING BIN LADEN'S DRIVER
Brian Glyn Williams' account of his experience as an expert witness in the Guantanamo Bay trial of Salim Hamdan, "bin Laden's driver", in five instalments.
Part I: Bin Laden's Driver
Part II: On Ruffling Establishment Feathers
Part III: Letter and Spirit of the Law
Part: IV: Digging Deeper for the Defense
Part V: Trial and Verdict
Full Text (Parts I-V)
http://www.terraplexic.org/review/

I owe this one to Selil, who advised me of it last week.

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As I started writing this part yesterday (12:00 29 Sep), five comments were up at terraplexic review (url above). Here are snips from their leads, which suggest some topics for discussion here:

Combatant Status of the Ansars
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For my part, I want to focus on the distinction between lawful and unlawful combatancy, which was at the core of Hamdan’s defence strategy.
The Flexibility of the Military Commissions
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The military commissions now operating at Guantanamo Bay are more flexible than the federal civilian courts established pursuant to Article III of the Constitution.
A Minute Focus on Uniforms
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It has been fascinating reading Brian William's brief account of this trial. I am writing from Cairo where I'm in the middle of a quick stint of anthropological fieldwork, and as I hoof about this hot and smoggy but cheerful city chatting with people, I'm reminded daily of the truth of what Brian writes about when he says that one of the major issues at stake in trials that test the legality of Guantanamo is the international image of the U.S.
Lipstick on a Pig?
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I also agree that it provides some indication that at least the US officer corps can maintain a level of impartiality despite the interest of the civilians in the Defense Department for manipulating the process. The verdict has caused me to wonder even more about the views of the officer corps regarding Iraq, the War on Terror, and the longer term implications these views will have for military morale.
Out Here On The Perimeter
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The outgoing U.S. administration has not had a smooth ride in 2008. In June, the Boumediene v. Bush decision restored the constitutional right of habeas corpus to detainees at Guantanamo Bay . It also challenged the constitutionality of the Military Commissions Act (2006), the first example of which – the trial of Salim Ahmed Hamdan – ended with only partial victory for the administration. It also called into question both the status of the commissions and of 'unlawful combatants'.
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There are many more points in the article (and the above links) that can be addressed pro & con.

Any takers ?