David Matthew Hicks (born 7 August 1975) is an Australian who undertook combat training in al Qaeda-linked camps and served with the ruling Taliban regime in Afghanistan in 2001. He was then detained by the United States in Guantanamo Bay until 2007 when he became the first to be tried and convicted under the United States' Military Commissions Act of 2006. Hicks's treatment, the evidence tendered against him, his trial outcome, and the newly created legal system under which he was prosecuted, drew widespread criticism and political controversy.In 1999, Hicks converted to Islam and took the name Muhammed Dawood. He was captured in Afghanistan in December 2001 by the Afghan Northern Alliance and sold for a $1000 bounty to the United States military.
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Fox & Friends declared the trial of terror suspect Ahmed Ghailani to be a "civilian trial failure," dubiously asserting that a military commission would have convicted Ghailani on all charges because a "key witness's" testimony would have been admissible, a claim disputed by legal experts. Fox & Friends also stated that Ghailani--who could be sentenced anywhere from 20 years to life in prison--was "almost a free man" and asked if the trial was a "victory for terrorists;" however, there's no evidence that Ghailiani would have received a harsher sentence if tried by a military commission.