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The Challenge: Hamdan V. Rumsfeld and the Fight Over Presidential Power by Jonathan Mahler
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The executive branch maneuvers, and courtroom battles, where the rights and lives of detainees are concerned.
A Review by Art Winslow

No one should mistake the military commission trial and sentencing of Salim Hamdan, famously Osama bin Laden's driver, as marking the end of his legal problems, or of ours. The Aug. 6 verdict by six military jurors at the U.S. installation in Guantánamo Bay convicted Hamdan of providing material support for terrorism but exonerated him of charges of conspiracy. Sentencing the next day called for imprisonment of 66 months (prosecutors had asked for a minimum sentence of 30 years), but Hamdan has already served 61 months in detention, which has been credited to his sentence. The result? He is likely to complete his sentence by January.

Before, during and since the trial, however, prosecutors and Pentagon spokesmen have raised the possibility that Hamdan could be detained indefinitely as a foreign combatant, regardless of serving out his sentence. That the war on terror entails a war on the right of habeas corpus could not be clearer, and this is one of the principal themes of...
 
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