Former Guantanamo Chief Prosecutor: David Hicks' War Crimes Charge Was a "Favor" for Australia

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http://www.truth-out.org/former-guantanamo-chief-prosecutor-david-hicks-war-crimes-charge-was-favor-australia/1311603758

Former Guantanamo Chief Prosecutor: David Hicks' War Crimes Charge Was a "Favor" for Australia
Monday 25 July 2011
by: Jason Leopold, Truthout | Report

David Hicks, author of "Guantanamo: My Journey." (Image: Random House Australia)

Last week, the Australian government announced that it would initiate legal proceedings to try and seize royalty payments David Hicks has received following the publication of his memoir, "Guantanamo: My Journey," about the five years he spent at the prison facility, charging that he has violated the country's laws by profiting from a crime.

While Hicks' supporters have deplored the decision by Australia's Commonwealth Director of Public Prosecutions, the court proceedings scheduled to begin next month could end up being a blessing for the former Guantanamo detainee and his defense team in that it may afford them an opportunity to show how the Bush administration and the government of former Prime Minister John Howard politicized his case, a fact much of the Australian media continues to ignore.

Hicks, 35, who gave his first interview to Truthout in February, pleaded guilty in 2007 to providing material support for terrorism. Hicks was the first detainee to be convicted before a military commission following the passage of the Military Commissions Act by Congress the previous year. The legislation was crafted in response to a Supreme Court decision that struck down the original military tribunal system set up by George W. Bush after 9/11, which the High Court said was illegal under the Geneva Conventions and US law.

Col. Morris Davis, the former chief prosecutor of military commissions at Guantanamo, recalled during a recent interview at his office in Washington, DC, how he was pressured into indicting Hicks for war crimes not long after the Military Commissions Act was signed into law by Bush in October 2006. (Truthout will publish a lengthy story based on our interview with Davis, a vocal critic of the Obama administration's handling of Bush-era torture, in the weeks ahead.)

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