Here's where it can get interesting for Hicks. Picked up in Afghanistan in 2001 by the Northern Alliance, what' s the most that he could possibly have done? Shot at an enemy soldier. If that's not a crime, then David has been jailed both in Guantanamo and South Australia for something that isn't regarded as criminal. Given that "material support" is a crime introduced retrospectively by the U.S., should Hicks' innocence be as retrospective as the charge?
