The Bush administration is urging a federal judge not to postpone the first war crimes trial at Guantanamo Bay, saying any delay would hinder the war on terrorism.
In court documents filed late Monday night, the Justice Department said a judge should deny a delay sought by Salim Hamdan, a former driver for Osama bin Laden. There will be ample time for a civilian court to review the process when it's over, government lawyers said
Hamdan is scheduled to face trial July 21. But he wants U.S. District Judge James Robertson to postpone the proceeding to consider the legality of the military commission process.
Government lawyers said there's no jurisdiction for a federal court to wade into the case now. They said Hamdan should face trial and, if convicted, challenge the decision to a civilian appeals court as the law requires.
The prosecution of individuals suspected of war crimes is an important aspect in the armed conflict with al Qaeda, and of United States efforts to find a long-term solution to the combatants detained at Guantanamo Bay, government attorneys wrote. Putting the military commission proceedings on hold now would be contrary to these interests and hamper the government's war efforts, not to mention constitute a significant intrusion into areas within the province of the Executive Branch.
A hearing is scheduled Thursday. If Robertson postpones the trial, it could lead to similar delays for other detainees.
