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Hamdan gets 5 1/2 years on terror charge

A military jury gave Osama bin Laden's driver a surprisingly light sentence on Thursday, making him eligible for release in just five months despite the prosecutors' request for a 30-year sentence.
Guantanamo Bin Ladens Driver
In this sketch by a courtroom artist and reviewed by the U.S. Military, defendant Salim Hamdan watches last month as FBI agent Craig Donnachie testified about his interrogations of Hamdan. Janet Hamlin / AP
/ Source: The Associated Press

A U.S. military jury gave Osama bin Laden's driver a surprisingly light sentence on Thursday, making him eligible for release in just five months despite the prosecutors' request for at least a 30-year sentence to deter would-be terrorists.

Salim Hamdan's sentence of 5 1/2 years, including five years and a month already served since being charged at Guantanamo Bay, fell far short of the 30 years to life prosecutors wanted. It now goes for mandatory review to a Pentagon official who can shorten the sentence but not extend it.

It remains unclear what will happen to Hamdan once his sentence is served, since the U.S. military has said it won't release anyone who still represents a threat. The judge, Navy Capt. Keith Allred, said Hamdan, who is from Yemen, would likely be eligible for the same administrative review process as other Guantanamo prisoners.

Defense lawyers said they expect Hamdan will be let go in five months. "It was all for show if Mr. Hamdan does not go home in December," said civilian defense attorney Charles Swift, who hugged Hamdan after the jurors left the courtroom.

Hamdan thanked the jurors for the sentence and repeated his apology for having served bin Laden.

"I would like to apologize one more time to all the members and I would like to thank you for what you have done for me," Hamdan told the panel of six U.S. military officers, who were hand-picked by the Pentagon for the first U.S. war crimes trial in a half-century.

Hamdan waved both hands as he left the courtroom, saying "Bye, bye" in English.

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, said he could not speculate whether Hamdan will be released later this year or remain imprisoned as an "enemy combatant."

"I know staff in Washington are working very hard on this issue," he said.

Looking East
The military has not said where Hamdan will serve his sentence. His lawyers protested in court Thursday that Hamdan, as a convict, already had been moved to an empty wing of his prison at the isolated U.S. military base in southeast Cuba.

"I hope the day comes that you return to your wife and daughters and your country, and you're able to be a provider, a father and a husband in the best sense of all those terms," the judge told Hamdan.

Hamdan, dressed in a charcoal sports coat and white robe, responded: "God willing."

Military prosecutors had said even a life sentence would be fitting in order to send an example to would-be terrorists.

But the jury, which acquitted Hamdan of the most serious charges, apparently agreed with the judge, who called him only a "small player" in al-Qaida.

"The decision showed what the jury thought Hamdan was worth," Air Force Col. Morris Davis, the former chief prosecutor for the Guantanamo trials, told The Associated Press in a telephone interview.

'Two of clubs'
Referring to the decks of cards the U.S. military has distributed with images of most-wanted terrorists, Davis said: "Hamdan would be the two of clubs."

Still, the sentence should give skeptics some pause, Davis said, by showing that military juries are independent and carefully evaluate evidence presented in the war crimes trials.

"There is a perception that trying people in front of the military was going to be a rubber-stamp process," Davis said. "This shows they are conscientious, following instructions and are making rational decisions."

The chief defense counsel for the Guantanamo tribunals, Army Col. Steve David, said the government failed in its strategy to link Hamdan to the Sept. 11 attacks.

"The government attempted to inflame the emotions of the panel," he said. "It didn't work."

Despite disappointment over the sentence, prosecutor John Murphy described the jury's rejection of their recommendation as a "a vindication for the system."

'My apologies'
Hamdan admitted he drove bin Laden around Afghanistan at the time of the 2001 attacks, but said he took the job without knowing the al-Qaida leader was a terrorist. It came as "a big shock," he said, when he learned bin Laden was responsible for the 2000 bombing of the USS Cole in Yemen, where Hamdan is from.

Still, he kept the job, Hamdan said — he needed the money, and couldn't go home.

"It's true there are work opportunities in Yemen, but not at the level I needed after I got married and not to the level of ambitions that I had in my future," said Hamdan, who has a fourth-grade education.

Reading a prepared statement in Arabic, he said he had a "relationship of respect" with bin Laden, as would any other driver in the al-Qaida motor pool. Hamdan has said he drove mainly low-profile pickup trucks with tinted windows because his boss shunned the Toyota Land Cruisers favored by Afghanistan's Taliban rulers.

Hamdan expressed regret over the "innocent people" who died in the attacks in the United States, according to a Pentagon transcript. His apology couldn't be heard by reporters because the sound was turned off during part of the proceedings to protect classified information.

"I personally present my apologies to them if anything that I did has caused them pain," Hamdan said.

Murphy, a Justice Department prosecutor, had pressed for a stiff sentence to dissuade potential terrorists.

"You have found him guilty of offenses that have made our world extremely unsafe and dangerous," Murphy said. "The government asks you to deliver a sentence that will absolutely keep our society safe from him."

Automatic appeal
The judge instructed jurors to consider the nearly seven years Hamdan has spent in confinement, and that he is the sole supporter of his wife and two children.

The guilty verdict will be appealed automatically to a special military court in Washington. Hamdan also can appeal to U.S. civilian courts, thanks to the U.S. Supreme Court. Defense lawyers say Hamdan's rights were denied by an unfair process, hastily patched together after the high court ruled that previous tribunal systems violated U.S. and international law.

"The problem is the law was specifically written after the fact to target Mr. Hamdan," said Swift.

Deputy White House spokesman Tony Fratto on Wednesday disputed allegations of injustice, saying Hamdan had received a fair trial and that prosecutors will now press ahead with other war crimes trials. Prosecutors intend to try about 80 Guantanamo detainees, including 19 already charged.