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Army Gets Defensive about Gitmo Judge's Removal

A lot of eyebrows were raised by the Pentagon's decision last week to remove a judge presiding over a key war crimes tribunal at Guantanamo Bay.

Defense attorneys say the military judge was removed because he'd made several rulings in favor of the defendant, a Canadian national named Omar Khadr who was detained at the age of 15 in Afghanistan in 2002.

The military may also be pushing to convene Guantanamo's first terrorism trial -- sure to be a cable TV news event -- at the height of the presidential election season this fall, defense attorneys say.

Now the military brass is getting defensive about the judge's removal.

The Miama Herald reports:

Chief judge Marine Col. Ralph Kohlmann said he was making the rare public statement because last week's dismissal of Col. Peter Brownback raised questions about the independence of military officers presiding over tribunals at the Guantanamo Bay Navy base in Cuba.

"Any suggestion that my detailing of another military judge was driven by or prompted by any decisions or rulings made by Colonel Brownback is incorrect," Kohlmann said in the statement e-mailed to reporters.

Kohlmann said the Army decided by February to let Brownback's active-duty service orders expire.

But that struck many observers as odd, since Brownback had offered to remain on the case as long as needed and had received three annual extensions during the past few years.

Kohlmann said the Army made its decision "based on a number of manpower management considerations" unrelated to the tribunals.

The Herald also notes the rising tension between the judge and the military prosecutors in the case.

At a May 8 hearing, Brownback said that he had "badgered, beaten and bruised" by prosecutors to set a trial date. But he refused to do so before they satisfied defense requests for access to potential evidence, even threatening to suspend the proceedings unless the detention center provided records of Khadr's confinement.

The judge's removal and the taint of political interference has sparked a lot of controversy in Canada, where there is growing pressure for the government to demand Khadr's repatriation if the case is not soon resolved.

Editorial writers at the Globe and Mail, a Toronto-based national newspaper, appeared skeptical of the Army's explanation.

Given what is at stake for the United States in this trial that is to test the new military-commissions process, given the request from the chief judge that Col. Brownback stay on, and given the strange timing after years of extensions, this explanation is not enough to allay the impression of political interference.

The [Canadian Prime Minister] Stephen Harper government insists it wants to let the process work, but as the judge's removal suggests, this is a questionable process.


10 Comments

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It wasn't long ago that I could have believed that the assignments the military makes are devoid of politics.

But then we all heard about those military "analysts" the Pentagon dispersed to the media.

Sorry, Col. Kohlmann, you probably were an honorable man and are now in an untenable situation. But that doesn't make it right.

Nothing is confirmed until its officially denied.

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It's sad just how far this country has gone downhill these past few years. I guess it is a wakeup call for anyone who still believes a beauracracy can maintain trust without oversight from outside the elite positions themselves.

As a younger person, I tended to give the benefit of the doubt to those who led this nation. Now, however, they are the first suspects I think of when having to decide whom to believe.

I suspect most of the world is now having to adjust likewise... IMHO

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"Kohlmann said the Army made its decision "based on a number of manpower management considerations" unrelated to the tribunals."

There was one to many honest judges who respected the "Rule of Law" serving on the tribunals.

"Any suggestion that my detailing of another military judge was driven by or prompted by any decisions or rulings made by Colonel Brownback is incorrect," Kohlmann said in the statement e-mailed to reporters . . .
This is the NewSpeak of a political hack for the military component of the fascist corporatocracy.
No Truth, No Honor.

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Say it loud, early and often: This is a kangaroo court.

To suggest "manpower management considerations" come into play is so "bush".
It's obvious that the bushies give no consideration to the process itself. Like the "bush" that it is, it resembles tired corporate decision making worthy of little imput because they lack personel to get a job done. Might we say a "Katrina" styled court.
Maybe they will decide to outsource the trial to a Chinese courtroom in the end because they have no money to pay for their own conscripted Judge.
And the bottom line is so "right". Just add the outlays to the national debt, someone else will pay the bill.
It makes a veteran want to throw up.

THIS IS NOT THE FIRST TIME the DOD tampered with a judge that they disagreed with.

The unknown story coming out of South Dakota includes:

----THE ILLEGAL COINTELPRO POLITICAL NEUTRALIZATION OF AN INNOCENT SIOUX FALLS, SD, CIRCUIT COURT JUDGE NAMED PETER GREGORY who found out about "material falsifications and use of the hand off method of using and laundering illegally obtained info from NSA wiretaps".

JUDGE GREGORY was asked by Dave Nelson (the bogus clown criminal lying scumbag at Minnehaha Cty States Attorney Office) to "join his latest conspiracy to Obstruct Justice" when he "tried to coax Judge Gregory into turning over the Judge's copy of Dave's falsified ex parte eavesdropping application" that was used to target me as "a never ending conspiracy to TAMPER WITH A WITNESS WHO ACTUALLY TRIED TO STOP THE US INTEL COMM FROM BLOWING UP THE MURRAY BUILDING IN OK CITY".


----GREGORY gor framed and illegally surveilled by Dumsfield's DOD CIFA UNIT, who were working with Nelson to violate POSSE COMITATUS ACT. Of course a punk lying criminal scumbag named BOB MUELLER AND SPECIAL AGENT STEVEN PLUTA all benefitted from this latest chicanery....and...of course...FBI HQ ONCE AGAIN STOOD DOWN AND JOINED THE CONSPIRACY AFTER THE FACT WHILE FACILITATING THE CONSIRACY by doing nothing.

THAT'S AN ISSUE FOR BOB MUELLER UNDER OATH...but Conyers just didn't want to "grill Bob with specifics" and allowed FBI HQ to slip away with Mueller's bogus assertion that "...he was simply following his protocol" when he contacted the offending agency violating the fed criminal code?

Seriously, how could they remove this judge with a straight face? Anyone involved in any kind of litigation, be it civil or criminal, knows that sometimes you get a judge who rules against you. That's part of the system. For the government to say "we don't like this guy's rulings, so we're going to reassign him" is flatly unfair. The defendants can't do that.

By the way, I don't think this will happen in an Obama administration.

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If Obama lives up to my expectations he will immediately suspend the kangaroo court procedure in GITMO, and quickly afterwards repatriate those POWs. But, presidents rarely live up to my expectations.

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