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July 25, 2008
Posted: 02:07 PM ET

NEW YORK–The Constitution requires that all criminal trials be speedy and public. But the trial of
Salim Hamdan, which got underway this week at GITMO has been anything but.

Speedy? Well it took four years for this thing to get underway. And yes, Mr. Hamdan, who admits that he was Osama Bin Laden’s driver, took his case to the U. S. Supreme Court three times. But that’s because the military commissions system under which he is being tried violates the Constitution.

As for the public part, well military tribunals simply are not. Sure, the Pentagon gives us just enough access to claim that they’re public. But not enough for any meaningful coverage. It’s one step better than a star chamber.

And here’s the irony. If Hamdan had been tried in a courtroom, this case would be history by now. After all, Zacarias Moussaoui, more than a bit player, was convicted years ago in a trial that was both speedy and public. No one doubts the legitimacy of that conviction. But in Hamdan’s case, even if the government wins, a trial that is neither speedy nor public undermines the very values we are supposed to be fighting to preserve.

And that is the Last Word.

–Jami Floyd, In Session anchor

Filed under: Jami Floyd • Last Word


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razicudlo   July 25th, 2008 4:44 pm ET

Justice, once corrupted, ceases to exist.

John   July 27th, 2008 11:01 am ET

The Bill of Rights outlined in the United States Constitution do not apply to Mr. Hamdan because he is not a United States citizen. The international treaties signed by this country regarding enemy combatants will apply to Mr. Hamdan. He is detained by the United States military as an enemy combatant and should tried as such.

The trial of terrorist Moussaoui was held in federal court in accordance with federal law. He was detained by federal law enforcement officers (FBI and INS) and held in federal custody, never entering the domain of military control. Although he requested the death penalty, the torment he will face from a life sentence inside of an American prison is a far more gratifying punsihment for such a terrorist.

Furthmore, we as Americans forget that the people we are at war with will not hesitate to kill any U.S. citizen or ally. They brought the war to our home and that we can not let stand. I’m not condoning the Iraq war, I am however, condoning the anti-terrorist actions taken in Afganistan, Pakistan, and other countries that terrorists seek to form a base of stability and terror through bombings, assasinations, and kidnapping. We are at war to maintain stability and tranquility within our borders.

Terrorists should be tried by military tribunals in accordance with international law just like the war criminals of Nazi Germany, Darfur, or Czechislovakia. Although they do not have a standard country of origin, standard uniform, or insignia thereof they are hostile enemby combatants and should be treated as such.

Gerald Becker   July 28th, 2008 12:41 pm ET

Is there anything defining what is speedy and what is not? Isn’t it generally the attorney’s, both sides, that delays any trial?

As far as ” public” goes I do not feel that withholding TV court room coverage denies a public trial. The thought of media coverage is certainly new and was never intended that someone would benefit, financally, other that the attorneys who always win regardless of the outcome for either side.

patti   July 28th, 2008 12:44 pm ET

In the case of Terence Hough…where is the remorse,the emotion in Terry Hough.If indeed it was a case of no intent in his defense…why the stoic unfeeling appearance of this defendant?As a jurist that would affect me more than anything.Even with the heart wrenching appearance of his Mom, he showed no emotion.The testimony of the survivors had me in tears,and the pictures of the crime scene were horrifying…yet he sat unaffected.

Gordy   July 28th, 2008 2:13 pm ET

Ted Bundy was tried in public. Scott Peterson was as well.
Drew Peterson will get his, I hope in public.
But these guys had no possible secret connections to international terrorists.
Gitmo is full of guys with such secrets and I approve of any secret trials and other methods of learning all we can in order to prevent attacks against Americans here or anywhere in the world.

Bill Madara   July 30th, 2008 1:45 pm ET

The statistics shown on Gitmo as to the number detained and the number released . It would be great to show the number released and recaptured fighting against the U.S.

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
Co-anchor of the daily trial program Banfield and Ford: Courtside
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Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
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