From Andy Worthington Author and Journalist
By Andy Worthington

Anyone who has kept half an eye on the proceedings at the Military Commissions in Guantánamo — the unique system of trials for “terror suspects” that was conceived in the wake of the 9/11 attacks by Vice President Dick Cheney and his close advisers — will be aware that their progress has been faltering at best. After six and a half years, in which they have been ruled illegal by the Supreme Court, derailed by their own military judges, relentlessly savaged by their own military defense lawyers, and condemned as politically motivated and a rubberstamp for torture by their own former chief prosecutor, they have only secured one contentious result: a plea bargain negotiated by the Australian David Hicks, who admitted to providing “material support for terrorism,” and dropped his well-chronicled claims of torture and abuse by US forces, in order to secure his return to Australia to serve out the remainder of a meager nine-month sentence last March.

In the last few weeks, however, Cheney’s dream has been souring at an even more alarming rate than usual. Following boycotts of pre-trial hearings in March and April by three prisoners — Mohamed Jawad, Ahmed al-Darbi and Ibrahim al-Qosi — the latest appearance by Salim Hamdan, a Yemeni who worked as a driver for Osama bin Laden, spread the words “boycott” and “Guantánamo” around the world.

Hamdan is no ordinary Guantánamo prisoner. It was his case, Hamdan v. Rumsfeld, that shut down the Military Commissions’ first incarnation in June 2006, when the Supreme Court ruled that they were illegal, a decision that forced the administration to press new legislation — the Military Commissions Act — through a sleeping Congress later that year.

But Hamdan’s fame meant little to him on April 29, when he too decided to boycott his trial, telling Navy Capt. Keith Allred, the judge in his last pre-trial hearing before his trial is scheduled to begin, “The law is clear. The Constitution is clear. International law is clear. Why don’t we follow the law? Where is the justice?”

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