Will historic war crimes case unravel?

NEW YORK - The first full-blown U.S. war crimes tribunal since World War II is just days away, scheduled to begin on July 21. But the trial of Osama bin Laden's driver at Guantanamo may unravel before it ever begins.

While the courtroom is being set for opening statements at the U.S. Naval base in Cuba, a Washington D.C. federal judge will consider Salim Hamdan's challenge to military commissions on Thursday. Hamdan's lawyers say a recent Supreme Court decision granting "enemy combatants" certain rights to challenge their detention in federal court has raised new issues that require a trial delay.

While the government wants to move forward with the prosecution, the legal momentum has been on the side of the detainees. Earlier this week, another federal judge overseeing Guantanamo Bay lawsuits ordered the Justice Department to make it clear to the Bush administration that some 200 detainees, not including Hamdan, must have their day in court.

President Bush maintains that the Military Commissions Act, which puts these tribunals in place and was authorized by Congress, is one of the most important tools in the War on terror and saves American lives. On the flip side, critics argue justice is long overdue and if trials are held by a flawed military process, the system will be on trial as much as the men being accused of these despicable crimes.

–Bob Regan, In Session senior executive producer