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Hamdan Verdict: A Major Victory for the Defense
The verdict of the military tribunal hearing the case against Salim Hamdan was a major victory for the defense. Hamdan was acquitted of all the major charges against him. He was found guilty of providing material support to the enemy, a much less serious charge than he originally faced.
The real kicker came with the sentence. Unlike Florida state or federal courts, the jury in the military tribunal determines the sentence. According to published reports, this tribunal jury specifically asked how much time Hamdan already had in. They were told approximately five years. Just a short time later, the jury handed down a sentence of five and a half years. The prosecutor had asked for thirty.
This verdict, particularly the sentence, speak volumes about the Administration's war on terrorism. So far, the Government has had very little success in prosecuting alleged terrorists, whether in civilian courts or now, in a military tribunal. Hamdan had been described as the "worst of the worst". He was selected to be the first defendant. Not an auspicious start for the government.
A lot of credit should go to Lt. Commander (retired) Charles Swift, Hamdan's defense lawyer. Swift was a Navy JAG lawyer assigned to Hamdan's defense. He successfully litigated the case all the way to the U.S. Supreme Court. As a result, he was passed over for promotion and his Navy career effectively ended. Swift stayed on as Hamdan's counsel even after leaving the Navy. I met Mr. Swift in June in Key West where he received the Florida Association of Criminal Defense Lawyers' (FACDL) highest award--the Stephen Goldstein Award. Mr. Swift is a credit to defense lawyers and should be proud of the job he did in this case. He put the interests of his very unpopular client ahead of his own personal interests. At great personal sacrifice he did an outstanding job of protecting his client's rights. His actions exemplify the traits of a good criminal defense lawyer.
