Bush Administration fails in Hamdan resentencing effort

The Washington Post has this reporton the outcome of the resentencing efforts in the Hamdan case.  Here are excerpts:

A military judge has refused to reconsider the sentence of Osama bin Laden's former driver, forcing the Bush administration to either release a man it insists is a dangerous terrorist in two months or continue to hold him at Guantanamo Bay as an enemy combatant despite his having served his time after a trial and conviction....

Prosecutors had sought a 30-year sentence, but the jury, unconvinced that Hamdan was anything more than a low-level al-Qaeda figure, came back with a sentence that ostensibly allows Hamdan to be released Dec. 31.  Military prosecutors argued that [the military judge] erred in deciding that Hamdan was entitled to credit for time held.  In a ruling Wednesday, which was released yesterday, Allred refused a government motion that he reassemble the jurors and tell them Hamdan is entitled to no credit.

Over at SCOTUSblog, Lyle Denniston has this post on this topic titled "Hamdan sentence stays as is."