A military-commission trial finally took place. The tribunal,
assimilating the anti-war Left's critique of it, seemed bent on
proving it could be even more defendant-friendly than a civilian court.
Salim Hamdan, Osama bin Laden's personal bodyguard and confidant,
apprehended in possession of surface-to-air
missiles and Qaeda code
references for "nuclear," "chemical," and
"biological" weapons, was sentenced to an appalling six months
in prison (five and a half years minus time already served) on a
war-crimes conviction. Hamdan was proved beyond cavil to have helped
keep bin Laden alive and the terror network viable. Yet the judge, Navy
captain Keith Allred, bought the narrative that a terrorist is not a
serious threat unless he is tied to a specific attack. At the
trial's guilt phase, Hamdan--though convicted of providing material
support to al-Qaeda--was implausibly acquitted of conspiracy, thanks to
dubious jury instructions and favorable evidentiary rulings. At
sentencing, Allred refused to permit consideration of the 9/11
attacks--the ones that triggered the war in which Hamdan was fighting.
Civilian trials carry many national-security risks, but terrorists
nowhere near Hamdan's culpability level have routinely been jailed
for life. After years of debate, the commissions may prove to be their
own undoing.