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Originally posted by backinblack
reply to post by Xcathdra
Hmm, so you've never seen this bit ??
Hicks entered an Alford plea to a single newly codified charge of "providing material support for terrorism".
I wonder what "newly codified charge" means ??
Was that same charge possible in 2001 ??
I'm guessing no..
Under the Alford plea the defendant admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty beyond a reasonable doubt.
Hicks was charged by a U.S. military commission on 26 August 2004. A [[Summary of Evidence (CSRT)|Summary of Evidence memo]] was prepared for Hicks's Combatant Status Review Tribunal on 7 September 2004, alleging:
| title=Summary of Evidence for Combatant Status Review Tribunal - Hicks, David Matthew
| publisher=[[United States Department of Defense]]
| accessdate = 2008-01-19
:a. The detainee is an al-Qaeda fighter:
:#The detainee affiliated himself with the Taliban.
:#The detainee knew his training was conducted by al-Qaeda, which had declared war on the United States.
:#The detainee was trained to use grenades, landmines, rocket-propelled grenades and other small arms weapons.
:#The detainee attended the al-Qaida Information Course in Kabul, where the instructor cited the al-Qaida bombing of the ''USS Cole'' as a positive example of the uses of al-Qaeda training.
:#The detainee met Osama Bin Laden on approximately eight occasions.
:b. The detainee participated in military operations against the coalition.
:#The detainee personally collected intelligence on the American Embassy in Afghanistan for al-Qaida.
:#Following 9-11, the detainee met with a senior al-Qaeda leader to discuss various locations to fight against the United States and Northern Alliance forces.
:#After being stationed near the Khandahar airport, the detainee agreed to fight on the frontlines in Konduz.
:#The detainee was captured by Northern Alliance forces near Bagram.
:#While engaged in combat, the detainee failed to wear a uniform or any type of emblem or distinctive military article designating him as a fighter; nor did he follow any typical military chain of command.
In Guantanamo, Hicks had signed a statement written by American military investigators which read, in part, "I believe that al-Qaeda camps provided a great opportunity for Muslims like myself from all over the world to train for military operations and Jihad. I knew after six months that I was receiving training from al-Qaeda, who had declared war on numerous countries and peoples."[web.amnesty.org... Amnesty International reports on mistreatment at Guantanamo Bay][www.guardian.co.uk... ''The Guardian''], ''FBI files detail Guantanamo torture tactics'' The indictment later prepared by U.S. military prosecutors for his commission trial alleged that, prior to his capture in 2001, Hicks had trained and conspired in various ways and was guilty of "aiding the enemy" while an "[[unprivileged belligerent]]" but did not allege any specific acts of violence:
* In November 1999 Hicks travelled to [[Pakistan]], where he joined the paramilitary [[Islamism|Islamist]] group, [[Lashkar-e-Toiba]] (Army of the Pure).
* Hicks trained for two months at a Lashkar-e-Toiba camp in Pakistan, where he received weapons training, and that during 2000 he served with a Lashkar-e-Toiba group near the Pakistan-administered Kashmir.
* In January 2001 Hicks travelled to [[Afghanistan]], then under the control of the [[Taliban]] regime, where he presented a letter of introduction from Lashkar-e-Toiba to [[Ibn al-Shaykh al-Libi]], a senior [[al-Qaeda]] member, and was given the alias "Mohammed Dawood".
* He was sent to al-Qaeda's [[Al Farouq training camp|al-Farouq training camp]] outside [[Kandahar]], where he trained for eight weeks, receiving further weapons training as well as training with land mines and explosives.
* He did a further seven-week course at al-Farouq, during which he studied marksmanship, ambush, camouflage and intelligence techniques.
* At [[Osama bin Laden]]'s request, Hicks translated some al-Qaeda training materials from Arabic into English.
* In June 2001, on the instructions of [[Mohammed Atef]], an al-Qaeda military commander, Hicks went to another training camp at [[Tarnak Farm]], where he studied "urban tactics", including the use of assault and sniper rifles, [[rappelling]], kidnapping and assassination techniques.
* In August Hicks went to [[Kabul]], where he studied information collection and intelligence, as well as Islamic theology including the doctrines of ''[[jihad]]'' and martyrdom as understood through al-Qaeda's fundamentalist interpretation of Islam.
* In September 2001 Hicks travelled to Pakistan and was there at the time of the [[11 September attacks]] on the United States, which he saw on television.
* He returned to Afghanistan in anticipation of the attack by the United States and its allies on the Taliban regime, which was sheltering Osama bin Laden.
* On returning to Kabul, Hicks was assigned by Mohammed Atef to the defence of Kandahar, and that he joined a group of mixed al-Qaeda and Taliban fighters at [[Kandahar Airfield|Kandahar airport]], and that at the end of October, however, Hicks and his party travelled north to join in the fighting against the forces of the US and its allies.
* After arriving in [[Konduz]] on 9 November 2001, he joined a group which included [[John Walker Lindh]] (the "American Taliban"). This group was engaged in combat against Coalition forces, and during this fighting he was captured by Coalition forces.
On 29 June 2006, the United States Supreme Court ruled in ''[[Hamdan v. Rumsfeld]]'' that the military commissions were illegal under United States law and the Geneva Conventions. The commission trying Hicks was abolished and the charges against him voided.
The US administration has alleged that Hicks:[[Cite news
| title=The case against David Hicks
| work=The Age
| author=Jane Holroyd
| accessdate = 2008-02-06
*Attended advanced al-Qaeda training camps
*Associated with senior al-Qaeda leaders after 9/11
*Was issued weapons to fight US troops in Afghanistan
*Carried out surveillance on US and other international embassies
We share info with them, and them with us,
If he is going to illegally obtain and disclose infomration that does not belong tom him, turn about it fair play is it not?
and has placed people in danger because of his arrogance.