The US government promised not to seek the death penalty...

The US government promised not to seek the death penalty for David Hicks, an Australian terrorist suspect captured fighting against US forces in Afghanistan, officials said.
Australian Justice Minister Chris Ellison said after three days of talks in Washington that US authorities had also agreed to let Hicks serve any term of imprisonment in Australia. v"We feel we've made good progress in not only ensuring that David Hicks won't be executed but also ensuring that the procedures of the military commission will be fairer," Foreign Minister Alexander Downer told reporters.
"We're also pleased that if he's convicted by the military commission and sentenced that the Americans will allow him to serve his sentence in Australia so that of course in those circumstances he would have access to his family." Hicks's Australian lawyer, Frank Camatta, welcomed the US concessions on the death penalty and family contact, but said concerns remained about the US permitting hearsay evidence and the use of statements made under interrogation during trial.
"We still are concerned about the process," Camatta said on national radio. "We believe he should be tried in an ordinary court just like the US citizen was," he said.