Guantanamo Bay Trials Begin

The New York Times reports the beginning of the Guantanamo Bay trails. The report concludes that this is not only a trial for Salim Hamdan but also a trial for these tribunals:

Mr. Hamdan’s trial is, in a sense, two trials. Mr. Hamdan is being tried on accusations of conspiracy and material support of terrorism. And the Bush administration’s military commission system itself is on trial. After years of debate, protest and litigation, the legal standing of the tribunal system at Guantánamo remains a question for American courts and officials around the world.

The chief Guantánamo prosecutor, Col. Lawrence J. Morris of the Army, said this first Guantánamo tribunal was “the most just war crimes trial that anybody has ever seen.”

Matt Pollard, a legal adviser for Amnesty International who is an observer here, sees it differently. He said he was struck by a sense that the proceedings were more of a replica of a trial than a real one.

“We are within a frame of a beautiful picture,” created by the Pentagon, Mr. Pollard said. “When you’re inside that frame, everything looks nice.”

The Guantánamo legal system was intended to try “unlawful enemy combatants” caught on the post-Sept. 11 battlefield. Prosecutors say there is little room for the usual legal restrictions in interrogations intended to prevent a terrorist attack. The administration’s strategy in using the Guantánamo naval station was based on its belief that the Constitution would not apply here.

Legal challenges to that assertion are among a number of factors that have delayed the government’s efforts to conduct trials here for years.

Read the whole report.