July 19, 2008
CFIF

This week, lawyers representing Guantanamo Bay detainee Salim Ahmed Hamdan, Osama bin Laden's former driver, announced they intend to call other detainees to testify at Hamdan's upcoming military trial, the first of its kind in more than 50 years.

Despite opposition from prosecutors who believe the testimony could harm national security by disclosing vital classified information, Navy Capt. Keith Allred, who is serving as judge in the case, ruled that the testimony would be admitted in some form.

"I want the government to know that I see this as relevant, necessary and exculpatory," Allred said. "I just believe the defendant cannot have a fair trial without this evidence." Allred suggested to both sides that possibly a time delay or videotaped depositions could solve the current dispute.

Some court watchers believe it is merely a matter of time before this issue will be challenged and likely end up before the U.S. Supreme Court, which last month ruled 5-4 to allow enemy combatants held at Guantanamo Bay Naval Base to have U.S. Constitutional rights.

"What the majority has done is give detainees the right to file a habeas petition in civilian federal court. ... Scalia writes that this decision 'will almost certainly cause more Americans to be killed.' He closes his dissent with the assertion that 'The Nation will live to regret what the Court has done today.' He's probably right. But Anthony Kennedy is Lord of the Judiciary, and nothing can stop him when he's intent on expanding his fiefdom," wrote John Tabin, contributing reporter to The American Spectator magazine.

Recently, Tabin joined CFIF's Renee Giachino to discuss Boumediene v. Bush and his column titled "Lord Kennedy."

Read more and listen to the interview now.