Guantanamo Bay (CBS News) - A U.S. federal court has ruled Osama bin Laden’s driver was entitled to a hearing to determine whether he is a prisoner of war, a landmark decision that throws into question plans to try alleged terrorists as enemy combatants.

U.S. District Judge James Robertson’s ruling in Washington on Monday halted the pretrial proceedings for Salim Ahmed Hamdan, 34, of Yemen, after his lawyers filed a petition challenging his status as an enemy combatant and the commission’s jurisdiction.

“Unless and until a competent tribunal determines that petitioner is not entitled to protections afforded prisoners of war under Article 4 of the Geneva Convention … he may not be tried by military commission … ,” Robertson said in his ruling. “There is nothing in this record to suggest that a competent tribunal has determined that Hamdan is not a prisoner of war under the Geneva Conventions.”

…Robertson also ruled Hamdan has the right to confront witnesses that may have given evidence and has a right to see the evidence against him. The commission rules state defendants can only see the unclassified evidence.

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TRIBUNAL HEARING, DATE CLASSIFIED

PRESENT: Salim Ahmed Hamdan, Defendant; Col. Will A. Gunn, Counsel for the Defense; Lt. Jerimiah Bigsley, Counsel for the Prosecution; Colonel Peter Brownback III, Presiding Justice.

BROWNBACK: Be seated.

[Sound of chairs, inaudible comments]

BROWNBACK: Er… is the defendant technically, um, “seated?”

BIGSLEY: Yes, your honor. It’s a “stress position,” true, but it falls within the definition of “seated.”

BROWNBACK: Okay. And I don’t think you have to call me “your honor.” Unless you want to.

GUNN: I’ve got to object to the treatment of -

BROWNBACK: Of course you do. Good man. Now, let’s get this rolling. Let’s hear the charges, can we?

BIGSLEY: Yes, your honor. The defendant is accused of… 15 crimes of a classified nature. The prosecution requests indefinite imprisonment and/or execution.

BROWNBACK: Couldn’t agree more. But technically we’re just trying to determine if he’s an “enemy combatant.”

BIGSLEY: Right. Sorry. The defendant is accused of… 15 crimes of a classified nature. The prosecution requests enemy combatant status.

BROWNBACK: Good. Mr. Hamdan, how do you plead?

HAMDAN: Um, “not guilty?”

BROWNBACK: Oh? What aren’t you guilty of? You did drive Osama bin Laden around, didn’t you? So…

HAMDAN: Um…

GUNN: Your honor, Mr. Hamdan needs to know the nature of the charges against him in order to respond.

BIGSLEY: Objection!

BROWNBACK: Sustained.

GUNN: What?

BROWNBACK: Col. Gunn, we’ve been over this. If we tell the defendant the specific details of the crimes he’s accused of, we will be giving away sensitive, classified information.

GUNN: Yes, but if he’s guilty, he already knows it.

BROWNBACK: Are you saying he’s guilty?

GUNN: No!

BROWNBACK: You’re saying he’s not guilty, then?

GUNN: Uh, yes.

BROWNBACK: Then it would be against military law to fill him in on the sensitive crimes he’s accused of, wouldn’t you agree? He’d be released with a passel of dangerous information that he wouldn’t otherwise have, right?

GUNN: Well, yes, that seems to follow… but the Geneva Convention as well as the American justice system demand that -

BIGSLEY: Plus, being detained for three years might make him a little unfriendly to our interests, so he’d be liable to USE that information against us.

BROWNBACK: Excellent point, Bigsley. The information is far too sensitive to give away to an innocent man, and a guilty man would know all about it anyway. Thus, the system protects itself. Col. Gunn?

GUNN: What?

BROWNBACK: You’ve heard the prosecution’s case. What to you have to offer in your client’s defense?

GUNN: Um… your honor. As to the charges against Mr. Hamdan… he didn’t do it. He’s, er, innocent. In fact, he wasn’t even there.

BIGSLEY: Oh, really? What’s his alibi? What was he doing at the time?

GUNN: At what time?

BROWNBACK: Nice try, Gunn. Answer the question.

GUNN: Okay, he was…

[Hamdan and Gunn consult. Inaudible.]

GUNN: He was picking up his family’s dry cleaning.

BROWNBACK: At that exact time?

[Hamdan and Gunn consult again. Inaudible.]

GUNN: Er… yes. they were preparing for a… dinner dance, see, and Mr. Hamdan had to pick up… their clothes.

[Hamdan nods hopefully, gives a “thumbs up.” Bigsley jumps to his feet.]

BIGSLEY: Your honor, if the defendant knows the time of the crime, he therefore must be privileged to information that, ipso facto, prove his involvement! Move for immediate enemy combatant status and isolation from the other prisoners!

BROWNBACK: Granted! I declare this hearing closed.

GUNN: But -

[Brownback bangs his gavel. Mr. Hamdan is quickly gagged and removed from the chambers.]

GUNN: Yikes.

[Brownback exits.]

BIGSLEY: Nice job, there, Gunn. Better luck next time. Buy you a beer?

GUNN: Er… thanks, Bigsley.

[Shuffling of papers is heard, along with distant screams.]

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