The Hamdan Case: Don’t Shoot the Driver

How the Bush administration botched the 'war on terror' by overreaching.

Michael Hirsh
Newsweek Web Exclusive
Updated: 4:46 PM ET Aug 6, 2008

The Bush administration needed a big win in the Salim Hamdan case at Guantánamo. It didn't get one. By convicting Osama bin Laden's former driver—the first "terrorist" to be tried under the first U.S. war-crimes tribunal since World War II—only of "material" support for terrorism, and absolving him of conspiracy to commit terrorism, the military judges provoked questions about what Hamdan was doing there in the first place. Is driving a car a war crime? The appeals court may decide not—in which case even this meager verdict could be thrown out.

"I would be very surprised if any of this conviction stands at the end of the day," says Scott Horton, a law professor specializing in human rights at Columbia University. "He was convicted of things that are not war crimes by a tribunal that has the power only to prosecute war crimes."