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Top Pentagon Legal Adviser Disqualified From Gitmo Trial

Posted by Bernard Hibbitts, Jurist Legal News and Research at 8:34 AM on May 12, 2008.


Critics of the military commission system say a federal judge's ruling provides new grounds to attack a rigged and unjust system.
hartmann

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A U.S. military judge has ruled that U.S. Air Force Reserve Brig. Gen. Thomas Hartmann, a top Pentagon legal adviser on the Guantanamo military commission trials, is ineligible to participate in the first military commission trial of a detainee because he is too closely associated with the prosecution, the New York Times reported Saturday. The Times said it had a copy of the decision by Navy Capt. Keith Allred, although it had not been publicly released. The paper quoted Allred as concluding that "National attention focused on this dispute has seriously called into question the legal adviser's ability to continue to perform his duties in a neutral and objective manner". Hartmann is legal adviser to Susan J. Crawford, the Convening Authority for the military commissions. The New York Times has more.

Earlier this year former Guantanamo prosecutor Air Force Col. Morris D. Davis made headlines when he said in the wake of his resignation that Hartmann had questioned the need for open trials at Guantanamo and was upset with the slow pace of the proceedings begun by Davis. In a subsequent Los Angeles Times op-ed, Hartman said that the slow progress that frustrated Davis was an unavoidable part of a careful judicial process and rejected Davis' allegations that aspects of the military commissions were being intentionally hidden from the public. Last month, Davis testified at a pre-trial hearing for Guantanamo detainee Salim Hamdan that Hartmann had pressured him to move forward with military commissions quickly "before the election" or else "this thing's going to implode."

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Tagged as: guantanamo, military commissions, thomas hartmann, morris davis, susan j. crawford, salim hamdan

Bernard Hibbitts is JURIST's Publisher and Editor-in-Chief, and a Professor of Law at the University of Pittsburgh School of Law in Pittsburgh, PA.


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Gitmo is tainted
Posted by: CJC on May 13, 2008 8:33 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Guantanamo Bay is tainted from start to finish - from the choice of a non-U.S./U.S location beyond the reach of US law, to the internment of hundreds on flimsy evidence, including many who were likely given up by bounty hunters, to widespread reports of poor treatment that may include torture, huge difficulties in detainees getting any kind of legal assistance etc etc etc.

Gen. Hood, the commander from 2004 to 2006, was just rejected by Pakistan as our chief military liaison to that country, because of his association with Gitmo.

Meanwhile, of the hundreds who have been released, 36, including a suicide bomber in Mosul in April, have been involved in violence against the West. Here's what Alissa Rubin of the NYTimes wrote on May 9, "Their violent acts raise the question of whether the men should have been released, but also whether their detention radicalized them."

In the name of "national security" and "making us safer" we have imprisoned the innocent, perhaps released the guilty, and perhaps have dangerously radicalized others - the already released and the not yet released.

All Americans have been tainted by this quasi-legal prison where detainees have few rights, very little information is available even to lawyers trying to represent detainees, there is no national much less international accountability and no evidence that we or anybody is safer.

Now even a US military judge has ruled that Brig. General Thomas Hartmann is ineligble (ie tainted) to participate in a trial and another prosecutor Col. Morris Davis felt compelled to resign because of his unease with the process.

Gitmo is so tainted that even usually vociferous Alternet bloggers have nothing to say.

Very sad all around.

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Schmedlap
Posted by: regis18 on May 14, 2008 3:49 PM   
Current rating: 5    [1 = poor; 5 = excellent]
As a retired Army officer, I understand how Brig Gen Hartmann is surviving in the USAF. They have a rather strange outlook on life and democracy. My concern is that no state or the USG, to the best of my knowledge, has started disbarment procedures. His conduct as a lawyer is pathetic. Kudos to Col. Davis and Capt. Allred for rising above the pressure and doing the right thing.

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Good News
Posted by: whealeydj on May 14, 2008 8:59 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
that a show trial may be revealed for what it is.

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