Think Progress

Judge critical of Gitmo trials is dismissed.

Army Col. Peter Brownback III, a judge who was hearing a war crimes case at Guantanamo Bay and “publicly expressed frustration with military prosecutors’ refusal to give evidence to the defense,” has been dismissed. Brownback had threatened to suspend the proceedings against Omar Khadr “unless prosecutors handed over Khadr’s medical and interrogation records since his July 2002 capture in Afghanistan.” Pentagon prosecutors have also rushed to schedule high-profile detainee trials during the height of the presidential campaign season.



40 Responses to “Judge critical of Gitmo trials is dismissed.”

  1. LumpyDunky says:

    Imagine that! I bet this order came ALL the way from the top! Right from Dicator Bushes desk I bet!

    JJ
    Ultimate-Anonymity


  2. Paul W says:

    Gitmo must be closed. And if there are any real terrorist suspects being held there, they should be tried in a real court of law with the full rules of evidence being observed.

    It’s time for this country to return to its ideals and start acting like the open democracy that our fore fathers bequeathed us.

    http://progressiveworldreview.com


  3. TampaCT says:

    So in these military courtrooms, if the judge isn’t ruling your way…you just get him dismissed!

    Aren’t we all proud of America!


  4. Exit Stage Left says:

    I am disgusted this is being perpetrated in our name. IMPEACH NOW!!!


  5. Marie says:

    What a new concept! When the judge asks for evidence in a trial, he gets fired! Truth? Evidence? Whoever heard of such outrageous requests in a courtroom?!
    I hope we live long enough to see Bush&Co all stand as defendants in a courtroom.


  6. hanshiro says:

    At least he wasn’t “found hanging from apparent suicide,” too….


  7. hellinabucket says:

    dismissed without explanation. pitiful.


  8. Wayne says:

    With Liberty and Justice for all**

    **Offer not available in all areas, prices subject to change without notice.


  9. Exit Stage Left says:

    hanshiro Says:
    At least he wasn’t “found hanging from apparent suicide,” too….

    YET


  10. Who Misspoke Today? says:

    And the fix is in.


  11. OleHippieChick says:

    Banana Republicans, still at it.
    Cancer never sleeps.


  12. Bluestocking says:

    Looks like the Bush administration is applying the same policy to the military tribunal judges that they have been to the Gulf War II generals and various White House personnel…if the current personnel are not giving you the answers that you want, fire them and replace them with someone who’ll give you the answers you do want.

    Sur-prise, sur-prise…NOT!!!!!!!!!!!!


  13. ce2756 says:

    How can anyone even pretend that this is a “fair” hearing when the prosecution controls the judges?


  14. RUCerious says:

    Memo to Soon to Be Lt Col Brownback:

    Check your vehicle underside and engine compartment for concealed explosives prior to engaging ignition.
    Protocol in force, duration: forseeable future.
    That is all.


  15. RUCerious says:

    Next time I get a ticket, can I just fire the judge if he asks the prosecution for evidence?


  16. ArtZ says:

    If you can’t change the rules…
    change the referee.


  17. cavjam says:

    One of the many tragic results of the Cheney regime will be a military pruned of vertebrates; the only high-ranking officers left will be sycophantic jellyfish, the rest will have learned by observation.


  18. Dave von Ebers says:

    What frustrates the hell out of me is this: All these military lawyers are licensed by the states or the District of Columbia; the military doesn’t license them. So why in God’s name are the state licensing authorities sitting back and letting these guys get away with clear cut violations of their code of ethics? If any private lawyer (or any government lawyer outside the military, for that matter) engaged in these kinds of games — in the public eye, mind you — they would be crucified.

    Ever heard of Michael Nifong?


  19. SWBob says:

    Arn Gunnutes Says:
    ——————————————————————————–

    So, WHY can’t his lawyer SEE the evidence? Unless the prosecution HAS NONE, like the other prisoners let go.

    If you HAVE evidence, let his LAWYERS see it. If he DID the crime, he will be convicted. FAIRLY. Or don’t you believe in
    the American Justice System?

    Because “the evidence” has been obtained illegally and would not survive the light of day. Better to hold “suspects” until they go crazy and then release them.


  20. Dave von Ebers says:

    Roger … I’m not familiar with Khadr’s case, but killing a soldier during a war isn’t a war crime. If that were the case, all POW’s (regardless of their “status”) would be subject to being tried for war crimes and executed … including our own. Do we really want to set that precedent?

    Perhaps there’s more to the case than that. But on the battlefield, the enemy, however despicable he may be, is allowed to fight back.


  21. JMOHR says:

    You could not get away with this kind of conduct under the military courts martial system. Ultimately, appeals can be taken to the Court of Military Appeals. Indeed, having worked both the military and civilian criminal systems, I can testify that there is a high degree of professionalism and fairness when the crimes involve serious criminal acts. Indeed, most JAG’s have great dedication to the law and are quite willing to put their careers on the line to defend their clients.

    What is amazing in this case, is a military prosecutor and judge turning on the system of military tribunals. JAG’s are dedicated but they are not liberal, ACLU, lefty attorneys. These disclosures and rulings would not be coming out unless there were extremely serious breaches of justice.

    The President and his henchmen need to be stopped. This is but one more instance.


  22. Briseadh na Faire says:

    Pentagon prosecutors have also rushed to schedule high-profile detainee trials during the height of the presidential campaign season.

    Apparently it is not a HIGH CRIME OR MISDEMEANOR to use our military for political gain.

    Internationally, it can only be seen that these alleged terrorists are nothing but political prisoners of George Bush. Not only that, but Congress’s refusal to impeach gives a stamp of approval from the people.

    Why can’t they see the evidence against them? Because Bush and Congress said they can’t. Evidence gathered through the use of torture can be used to convict and execute a defendant. The defendant will never get to see that evidence, never get to know how it was obtained, and never be able to challenge the evidence on appeal. This has all the hallmarks of a kangaroo court.

    Once again, the official position of our government is that it can use military force to pick up any person (including U.S. Citizens) any place, any time, and hold them for the duration of this undeclared “war on terror.” Our government can use secret evidence elicited by torture to convict and execute anyone, including a U.S. citizen.

    If you think being a citizen keeps you safe from your government, think again. Ask Jose Padilla. Or better yet, ask yourself. What is to prevent this government to introduce secret evidence against you showing you had renounced your citizenship making you an unlawful alien enemy combatant subject to the Military Commissions Act of 2006? Nothing. Absolutely nothing.


  23. Rowan Berkeley says:

    rogers … people can be persuaded to admit to anything whatsoever, given the appropriate stimuli.


  24. madmax says:

    Well, that’s just f’ing great. Let us not hide our disdain and disregard for law and justice. Our so-called democracy is a sham.


  25. Freedom Rebel says:

    If Canada would seek extradiction of Omar this would end the show trial that would take place. It is terrible the even with the insistent solicitation of Amnesty International the Prime Minister is doing nothing. Even though 67% of the Canadian people do not believe he will get a fair trial.

    All because he doesn’t have an ordinary name like Jones or Smith, his attorney believes, less than half the Canadians think that he should be extradicted by Canadian Officials. Justice is suppose to be blind so that citizens receive a fair trial; but it can’t be blind to the fact that his rights are being violated and he will not receive a fair and just hearing.

    If this is how he will be treated I would rather the Canadian Authorities handled the matter. At least he would have a better chance at a fair trial.


  26. Briseadh na Faire says:

    rogers, where’s your “well documented” evidence?

    Khadr is the only Guantanamo detainee who has faced a judge who is not boycotting the military tribunals, and has spent six years in the Guantanamo Bay detention camps charged with war crimes and providing support to terrorism after allegedly throwing a grenade that killed a US soldier. In February 2008, the Pentagon accidentally released documents that revealed that although Khadr was present during the firefight, there was no other evidence that he had thrown the grenade. In fact, military officials had originally reported that another of the surviving militants had thrown the grenade just before being killed.

    This is a 15 year-old Canadian who was swept up following a fire-fight and imprisoned for over 6 years.

    If not for the accidental release of documents, we might still believe he actually threw the grenade. But he was, and is, scheduled to be convicted and quite possibly executed based on secret evidence.


  27. Jackie says:

    Like any true Dictatorship a person is removed that goes against the orders of the Dictator. We watched Pakistan remove Judges per their Dictator and even the Saudi King removes anyone who doesn’t follow his orders. Bush/Cheney are running the USA the same way. Even the current Attorney General knows his place and must get orders from the Vice President. The USA has a puppet President with a VP who runs the country. Even Pelosi knows here place and how to follow orders of the White House. With a clear case of many Impeachment crimes Pelosi says we should pray for George W. Bush. Now she could have said that without being Speaker of the House, but she was given her orders when she won the seat.


  28. Anonymouse says:

    Given the clear political motivation for the trial timing (”why wait over six years”?), what sort of recourse do we (i.e., anyone outside of the White House, and possibly the GOP) have to prevent this flagrant politicization?

    In other words, do either Pelosi or Reid (or anyone else) have any levers by which they can provide sufficient “disincentive” for this administration (or this administration’s Pentagon staff) to knock this crap off?

    It’s sooo banana republic. I’m increasingly ashamed to talk to my non-American friends, knowing that I’ll be asked to justify such immature and immoral behavior on the part of our leadership.


  29. Bullsmith says:

    The Penatagon seems to be pretty open about running propaganda operations aimed at American citizens. Show trials timed for the Presidential elections are another depressing moral low for America.


  30. dbadass says:

    rogers Says:
    ————————————————————-
    If he didn’t throw that grenade, he definetly knows who did.


    Was it Jessica Lynch? Oh yeah that story was made up.


  31. Ms_Joanne says:

    I find this much more troubling – from DemocracyNow:

    Clive Stafford Smith: US Holding 27,000 in Secret Overseas Prisons; Transporting Prisoners to Iraqi Jails to Avoid Media & Legal Scrutiny

    Clive Stafford Smith: US Holding 27,000 in Secret Overseas Prisons; Transporting Prisoners to Iraqi Jails to Avoid Media & Legal Scrutiny

    http://www.democracynow.org/2008/5/19/clive_stafford_smith


  32. Ms_Joanne says:

    Ooops…2nd blockquote didn’t copy right.

    Who’s Smith?

    Clive Stafford Smith, British born lawyer for over fifty detainees in Guantanamo Bay. He is the legal director of the UK charity Reprieve and has defended prisoners on death row for over twenty years. He is the author of Eight O’Clock Ferry to the Windward Side: Seeking Justice in Guantanamo Bay.


  33. electricphoto says:

    This is as clear a case of over trowing the rule of law as we will get.

    FIRING A JUDGE BECAUSE HE WON’T RUN A KANGAROO COURT!!!

    This is the case to raise a stink about… it is the Attorney firings x10…. They are now firing JUDGES because they won’t do the parties dirty work.

    THE PROFILE OF THIS EVENT MUST BE RAISED!!!


  34. bogtrotters says:

    Col. Brownback joins Lt. Cmdr. Charles Swift, who had the audacity to fight for his Gitmo client’s habeas corpus rights, won, and will be forced to retire from the Navy, and Lt. Cmdr. Matt Diaz, who leaked the names of the detainees to protest their treatment, was subsequently court-martialed, sentenced to six months, and dismissed from the service.

    It is so ironic to consider that military officers, trained to obey, are in the vanguard of defending the Bill of Rights–then again, it might just be a reflection of how heinous are the crimes of the Bush administration.

    I am so pround of these fine men.


  35. Jess Wonderin says:

    We need these Kangaroo Kourt Kase Konvictions in time for McKane to proudly stand with Bush and proclaim another VICTORY over the forces of evil and make note if the People vote for a Democrat, the heathen raghead sandal flapping robe wearers will cut our heads off and rape our white women with uncircumcised dicks . . .


  36. Max-1 says:

    .

    R E M E M B E R:
    THEY(sic) have to have a conviction!

    .


  37. MapleStreet says:

    IN support of JMOHR’s comment, is there any question that the military careers of the judge and attorney
    are toast ?


  38. Chocolate Jesus says:

    > The thing is, with khadr, he admitted to throwing the >grenade and killing the soldiar, so what is he hoping >for?.What is his defense?.

    Wow, you really are dense, arent you?

    A) You think people never confess to anything they didnt do? This is an totally unknown and non-existent phenomena.

    B) Even if he did, you can’t charge someone with a criminal act for fighting on a battlefield. Well..people like BUSH can, but this isnt recognized as any sort of legitimate charge, and I beleive (not certain) that criminalizing legitimate fighting on the battlefield is prohibited by some international treaties . He wasnt wearing a uniform you say? Well, neither do our special forces soldiers, do you think if they kill an enemy on the battlefield, they should be executed if the enemy catches them?

    >If he didn’t throw that grenade, he definetly knows who did.

    Ok, you’re arguing that mere KNOWLEDGE of an act is a criminal offense. AMerican jurisprudence completely and totally rejects this notion, of course, but since you seem completely ignorant of the subject, i’m not surprised..


  39. drago says:

    Can you say Kangaroo Court and Banana Republic?

    Welcome to the New America.

    Heckuva job, Dubya!


  40. ctcadguy says:

    911=Inside Job

    These Gitmo guys are patsies – Not nice guys for sure – but patsies none the less.

    I heard that a couple of them Gitmo guys confessed to Killing JFK. Torture will do that.

    Of course confessions obtained thru torture should be not be admissible, but not with this kangaroo court.

    The reason they can not have trials by jury according to the U.S. Constitution is that the prosecutor would have absolutely no case.

    911=Inside job

    Silly fascists and their silly system of justice.



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