Supreme Court declines to enter fray on detainee trials

Monday's action helps to clear the way for the next military trials against terror suspects at Guantánamo Bay.

from the May 1, 2007 edition

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In today's action, the court issued a two-sentence order announcing that the petition was denied. It added that Justices Souter, Ginsburg, and Breyer would have granted the petition to hear the case.

It is possible the court may decide to take up Hamdan's case at a later time. His lawyers filed the appeal before his case has even been heard by the federal appeals court. Once the appeals court rules, Hamdan could again ask the high court to consider the case.

Khadr is facing five charges, including murder, attempted murder, conspiracy to engage in terrorism, providing material support for terrorism, and spying. Despite the seriousness of the charges, he will not face the death penalty.

The central charge in the Khadr case is that he engaged in a firefight with US and Afghan forces during an assault on a suspected Al Qaeda compound on July 27, 2002. After the firefight, US soldiers entered the compound. Commission documents say Khadr then threw a grenade that killed US Army Sgt. Christopher Speer.

Khadr's charge sheet also says he converted land mines into improvised explosive devices and planted the devices beside roads to kill US and coalition forces. He is also alleged to have provided material support to a terror organization by becoming an Al Qaeda fighter. He allegedly received Al Qaeda training in the use of rocket-propelled grenades, rifles, pistols, hand grenades, land mines, and other explosives.

In contrast to the Khadr case, there is no indication that Hamdan ever participated in a violent incident. He faces two charges, conspiring with Al Qaeda, which was carrying out terrorist attacks, and providing material support for terrorism.

Specifically, Hamdan is alleged to have served as Mr. bin Laden's driver and bodyguard, transported and delivered Al Qaeda weapons, and received training in the use of weapons at an Al Qaeda training camp.

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