Military Law

Gitmo Overseer Investigated, Accused of Bullying Prosecutors

The Pentagon official who oversees the war crimes tribunals at Guantanamo Bay is facing two investigations into allegations he bullied prosecutors and retaliated against at least two military officials. The Los Angeles Times reports on the probes into conduct by Brig. Gen. Thomas Hartmann. One of the investigations is moving…

Oct 27, 2008 11:36 AM CDT

UK Court: US Should Release Documents Relating to Detainee’s Torture Claim

The British High Court is criticizing the United States for refusing to release documents related to claims of torture by a Guantanamo detainee. The detainee, Binyam Mohamed, is a British resident who says he was secretly tortured in Pakistan before the United States transferred him to Morocco, where he was…

Oct 23, 2008 5:12 PM CDT

After Prosecutor Resigns, Charges Dropped, for Now, Against 5 Gitmo Suspects

Charges have been dropped against five terrorism suspects at Guantanamo with links to Abu Zubaydah, an al-Qaida recruiter who was subjected to waterboarding during interrogations. Prosecutors say the charges were only temporarily dropped to give the government more time to prepare its case following the resignation of a military prosecutor,…

Oct 22, 2008 11:36 AM CDT

Guantanamo Prosecutor Consulted Online Priest Before Quitting

A Guantanamo military prosecutor who cited “ethical qualms” before he quit had wrestled with the decision, telling an online priest about his misgivings. Lt. Col. Darrel Vandeveld filed a declaration with the military court last month explaining his concerns about the system for revealing exculpatory evidence to the defense. A…

Oct 15, 2008 11:17 AM CDT

Lawyers Claim Incompetent Interpreters Undermine Gitmo Proceedings

Defense lawyers for Guantanamo detainees say their trials are being undermined by incompetent interpreters. One defendant, Mustafa Ahmed al-Hawsawi, wanted to discuss the possibility of representing himself in one pretrial hearing, the Washington Post reports in an article on the problems. But his words were often mistranslated and “incomprehensible,” his…

Oct 14, 2008 12:07 PM CDT

Whales Plaintiffs May Face Long Odds in High Court, Prof Says

A Georgetown law professor says environmental plaintiffs have not fared well in the U.S. Supreme Court when citing the National Environmental Policy Act, and plaintiffs who claim Navy sonar harms whales may be no different. The professor, Lisa Heinzerling, told the New York Times that plaintiffs have lost all 15…

Oct 9, 2008 4:01 PM CDT

Military Officer Warned that Hamdi Nearing Insanity Due to Brig Conditions

A military officer warned that a suspected enemy combatant being held in a U.S. naval brig was nearing insanity because of isolation and sensory deprivation, according to newly released documents. Yaser Esam Hamdi, a onetime U.S. citizen who was eventually released to Saudi Arabia, was one of three men being…

Oct 8, 2008 3:06 PM CDT

Pashto Fluency Put Law Student in Position to Help Gitmo Detainees

Although she was still in law school, Mahvish Khan had a critical skill that most trained attorneys representing detainees at the U.S. military detention facility at Guantanamo Bay didn’t—as the daughter of two Afghan immigrants, she grew up speaking Pashto. So when she offered her services to lawyers representing Gitmo…

Oct 1, 2008 10:41 PM CDT

Don’t Ask, Don’t Tell: Don’t Work?

Courts and Congress raise new challenges to policy on gays in the military

Oct 1, 2008 7:00 PM CDT

Gitmo Prosecutor Quits, Citing ‘Ethical Qualms’ Over Withheld Evidence

A Guantanamo military prosecutor is quitting because of “ethical qualms” about the system for turning over exculpatory evidence to the defense. Lt. Col. Darrel Vandeveld, an Army Reserve officer, is seeking to be returned to civilian status. He filed a declaration with the military court explaining his concerns, report the…

Sep 25, 2008 11:51 AM CDT

Sept. 11 Mastermind Quizzes Gitmo Judge About Religion, Torture Views

Sept. 11 mastermind Khalid Sheikh Mohammed questioned a Guantanamo judge about his religion, his reading habits and his views on torture in a hearing yesterday on his impartiality. Mohammed asked Marine Col. Ralph Kohlmann whether he was associated with Pat Robertson or Jerry Falwell, asserting that “if you are in…

Sep 24, 2008 12:52 PM CDT

Supreme Court Orders Briefs on Whether to Rehear Child Rape Case

The U.S. Supreme Court has asked for briefs and set a short deadline for the parties to address whether the justices should reconsider their decision that it is unconstitutional to impose the death penalty for child rape. The state of Louisiana and the Justice Department are seeking a rehearing in…

Sep 9, 2008 10:43 AM CDT

Ex-Marine Acquitted in Four Iraq Shooting Deaths

A former Marine sergeant has been acquitted of the shooting deaths of four unarmed Iraqi prisoners. The Riverside, Calif., jury deliberated less than six hours before acquitting Jose Luis Nazario yesterday of voluntary manslaughter in the 2004 deaths in Fallujah, the Los Angeles Times reports. Jury forewoman Ingrid Wicken said…

Aug 29, 2008 10:47 AM CDT

Georgia Sues Russia in World Court

Unable to win a five-day war that Russia has waged, Georgia is seeking help from the World Court, as the International Court of Justice, at the United Nations in The Hague is informally known. It has no power of enforcement, but Georgia filed suit there yesterday seeking a ruling that…

Aug 13, 2008 9:04 PM CDT

ABA Urges Greater Rights for Members of Military

Congress should abolish the U.S. Supreme Court-created exception to the Federal Torts Claims Act that prohibits members of the military from suing the federal government for tortious government conduct, according to a resolution passed by the ABA policy-making House of Delegates this morning. The exception was created by the Supreme…

Aug 11, 2008 1:54 PM CDT