The long awaited new rule book for the Obama-era war court does not
resolve a key issue that bedeviled its predecessor: Whether an accused
war criminal can plead guilty to a crime carrying the death penalty
directly to a judge rather than to a military jury.
But the 289-page manual does appear to strip war court judges of the
authority to grant credit for time in U.S. military custody in
Afghanistan and Guantanamo -- a power that had stoked controversy in
the Bush era trial of Salim Hamdan of Yemen. Hamdan was convicted of
providing material support for terror by working as Osama bin Laden's
driver and sometime bodyguard.