How do you know he hasn’t killed anyone?
How is it possible to investigate someone like that when the “crime scene” is the whole world of terrorist actions?
Here the situation is that if you are just along for the ride and someone gets killed in the commission of a crime, even if it's only the criminal doing the dieing, you are eligible for the death penalty.
Certainly Hamdan was, as it were, "along for the ride" ~
Yes, that's a fine standard of proof - kind of like that applied by the maniacal left against us.