Court ruling could force changes to Guantanamo trials
San Juan, Puerto Rico ? A former driver for Osama bin Laden may help decide the fate of dozens of Guantanamo Bay detainees, and perhaps all of them, as the Supreme Court prepares to rule on his legal challenge to the first U.S. war crimes trials since World War II.
The court, which is expected to rule as early as today, is considering a range of issues in Salim Ahmed Hamdan’s case, including whether President Bush had the authority to order military trials for men captured in the war on terror and sent to the Navy base at Guantanamo Bay, Cuba.
Bush recently suggested the ruling will help him determine what should be done with all the prisoners at Guantanamo, where the U.S. holds about 450 men on suspicion of links to al-Qaida or the Taliban.
Amnesty International and the American Civil Liberties Union said Friday that Bush doesn’t need a court decision to close the prison, which has drawn intense international criticism. The case has nothing to do with the prison itself, they said.
“Bush can close Guantanamo, but this (court) decision can’t,” said Ben Wizner, an ACLU attorney who monitors Guantanamo. “That’s not a question before this court.”
The ruling, however, could determine whether the government can proceed with military trials for Hamdan and nine other detainees who have been charged with crimes.
Air Force Col. Morris Davis, the chief Guantanamo prosecutor, said about 65 more detainees being held at the U.S. base are likely to be charged with crimes if the Supreme Court upholds the process.
Prosecutors are preparing additional charges, including some that could incur the death penalty, Davis told The Associated Press in a telephone interview from Washington.
Hamdan’s attorneys argued that the conspiracy charge filed against him is not legitimate. The government has charged each of the 10 detainees with conspiracy, and seven of them – including Hamdan – currently face no other charges.
If the Supreme Court upholds Hamdan’s challenge, the government could “relatively quickly” file new charges such as aiding the enemy, Davis said.






