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Guantanamo Only Looks Like a Real Trial

Beneath surface lie fundamental questions about its fairness

By Jason Farago,  Newser Staff

Posted Jul 29, 2008 7:41 AM CDT

(Newser) – The first trial taking place at Guantanamo Bay has the look and feel of a real American court proceeding, but that appearance is in many ways just an illusion, writes William Glaberson in the New York Times. Secret evidence remains sealed in red folders, much of what is presented was obtained under harsh interrogations, the public is banned, and reporters chafing under restrictions were once told, "This is not America."

The trial of Osama bin Laden's driver, Salim Hamdan, "is, in a sense, two trials," writes Glaberson. "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." Noted one ACLU lawyer: “Where else in the world is someone being prosecuted for a crime who is already serving a life sentence and will continue to serve one if he’s acquitted?”

Defendant Salim Hamdan watches as FBI agent Craig Donnachie testifies about his interrogations of Hamdan.
Defendant Salim Hamdan watches as FBI agent Craig Donnachie testifies about his interrogations of Hamdan.   (AP Photo)
A guard tower is visible behind a razor-wire fence, at the detention camp at Guantanamo Bay U.S. Naval Base in Cuba, Wednesday, July 23, 2008.
A guard tower is visible behind a razor-wire fence, at the detention camp at Guantanamo Bay U.S. Naval Base in Cuba, Wednesday, July 23, 2008.   (AP Photo/Randall Mikkelsen, Pool)
A sign marks one of the entrances to the detention center, at Guantanamo Bay U.S. Naval Base, in Cuba, Wednesday, July 23, 2008.
A sign marks one of the entrances to the detention center, at Guantanamo Bay U.S. Naval Base, in Cuba, Wednesday, July 23, 2008.   (AP Photo/Randall Mikkelsen, Pool)
A guard walks past an unoccupied and open cell inside a high-security portion of the detention center, at Guantanamo Bay U.S. Naval Base, in Cuba, Wednesday, July 23, 2008.
A guard walks past an unoccupied and open cell inside a high-security portion of the detention center, at Guantanamo Bay U.S. Naval Base, in Cuba, Wednesday, July 23, 2008.   (AP Photo/Randall Mikkelsen, Pool)
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