February 16th, 2010
01:56 PM ET

Fact Check: What's the track record of military commissions?

[cnn-photo-caption image=http://i2.cdn.turner.com/cnn/2010/images/02/15/art.biden.gi.jpg caption="Vice President Joe Biden said two out of three people tried in military courts are now free."]

Emma Lacey-Bordeaux

Vice President Joe Biden took to the airwaves on Sunday and discussed the issue of national security. On CBS's Face the Nation Biden compared the track records of military and civilian courts saying: "There have been three people tried and convicted by the last administration in military courts. Two are walking the street right now."

Fact Check: Are two people convicted in military courts now free?
–According to the Department of Defense, David Hicks was convicted of providing material support to terrorism in 2007. His case was the first tried in the military system after the passage of the Military Commissions Act of 2006. Hicks was sentenced to "not more than nine months," according to a DOD press release. CNN's Brian Todd found that Hicks is now free.

–Salim Hamdan was convicted in 2008 of providing material support to terrorism and sentenced to 66 months, according to the DOD. However the military judge in the case ordered a credit of 61 months and eight days. CNN's Brian Todd found that Hamdan is now in Yemen.

- Ali Hamza al-Bahul was sentenced in November of 2008 to life in prison according to the DOD. Bahlul was convicted of conspiracy, solicitation and providing material support to terrorism. CNN's Brian Todd found that Bahul is still incarcerated.

Bottom Line: Vice President Joe Biden is correct when he says two out of three tried in military commissions are now free.

-CNN's Diana Holden and Brian Todd contributed to this report.

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