U.S. District Judge James Robertson denied a request by Salim Hamdan, a former driver for Osama bin Laden, to halt his war crimes trial scheduled for next week. Hamdan’s lawyers had asked Robertson to delay the proceedings so they could test the underlying legal principles of the commissions in federal court.
Robertson, ruling from the bench after a two-hour hearing Thursday morning, said challenges to the lawfulness of the military commissions must be resolved, in the first instance, by the commissions themselves. The judge said he was reluctant to interfere with a system created by Congress with instruction from the Supreme Court.
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