While this is quite magnanimous of Navy Capt. Keith Allred to all lawyers for Salim Ahmed Hamdan, bin Laden’s driver, this still gives no credibility to military commissions.
It appears that the prosecutors have no concept as to the rule of law, arguing that, “the driver could have conspired in the Sept. 11, 2001, attacks without knowing about the suicide plot”.
Under the rules that they have would like to see adopted, this would place the truck drivers supplying food to the guards at Abu Ghraib under jeopardy for torture.
I agree with Captain Allred’s assessment, that “The issue of whether the accused was ‘merely a driver,’ or knew the unlawful purpose and was actively engaged in the unlawful work of al Qaeda seems to be very much at issue”, though I think that excluding subsequent treatment at CIA run and Military run Gulags from the purview of questions, when their answers may have been coerced is a bad decision.