No Comment — June 5, 2007, 7:58 am

A Blow for Justice at Gitmo

Over the last two years I’ve had a good number of meetings with JAG lawyers involved in the Guantánamo process in various capacities – advising the convening authority, handling prosecution and defense. I have an article about some of that appearing in the July issue of Harper’s. They’re a very impressive lot, and while my forthcoming article will describe the defense counsel, I should add that the prosecutors I’ve spoken with have generally been thoughtful and concerned about the entire process. Obviously, they perform the role the service requires of them and usually keep their private opinions to themselves. But many of them make very clear that they have deep concerns about the system that’s been concocted in Gitmo – fundamental concerns about whether it’s just and whether it serves the interests of the United States to be conducting proceedings derided in the balance of the world, including by our allies, as kangaroo courts. There is a sense among them that the proceedings that Congress and the politicos at the Defense Department have crafted are unworthy of the military and unworthy of the JAG corps. And this is surely correct. Three separate teams of prosecutors have now quit rather than carry cases forward. That tells a huge story, of course. And in one of those cases, according to my sources, prosecutors were outraged when they learned that political figures had decided to withhold exculpatory evidence in order to “rig” the cases and “ensure a conviction.”

The decision handed down today by Colonel Peter E. Brownback III, the military judge in Guantánamo, throwing out the war crimes charges leveled at Omar Khadr, is a watershed event. The reasoning in his ruling applies equally to the other pending case, meaning that we’re now back at ground zero – after the President’s melodramatic White House announcement on September 6, 2006, during which he attempted to make Gitmo prosecutions into a campaign point, and after Congress gave him the legislation he asked for.

The ruling was done sua sponte – this is, on the court’s own initiative, not at the request of defense counsel. And it rests on a fairly technical point in the statute. The decision can be read different ways, of course, but I immediately saw it more or less the same way a retired Air Force JAG did who posted this comment at Laura Rozen’s

“This subtle but profound ruling constitutes a revolt by career military officers, especially military lawyers, who have previously compromised their integrity and oath of office to support a President and Administration who lied and violated US and international law to take the nation to war and keep it mired there for years. Note that the courageous ruling is by an Army colonel and the implications quote a Marine colonel — two officers at the end of their careers who have nothing to lose by placing institutional integrity ahead of loyalty to a commander-in-chief who has none. Sadly, the generals and admirals who should have made such stands over the last five+ years sat mute.”

Now “revolt” is an awfully strong word in this context. I wouldn’t adopt it. I would call this a “blow for justice,” and an expression of anger and frustration with an embarrassingly unfair system that Rumsfeld and his Neocon friends crafted at Guantánamo.

Single Page

More from Scott Horton:

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

Get access to 164 years of
Harper’s for only $39.99

United States Canada



September 2014

Israel and Palestine

= Subscribers only.
Sign in here.
Subscribe here.

Washington Is Burning

= Subscribers only.
Sign in here.
Subscribe here.

On Free Will

= Subscribers only.
Sign in here.
Subscribe here.

They Were Awake

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content


Arab artists take up — and look past — regional politics
“When everyday life regularly throws up images of terror and drama and the technological sublime, how can a photographer compete?”
“Qalandia 2087, 2009,” by Wafa Hourani
“There was torture by the previous regime and by the current Iraqi regime,” Dr. Amin said. “Torture by our Kurdish government, torture by Syrians, torture by the U.S.”
Visiting His Own Grave © Anadolu Agency/Getty Images
The Tale of the Tape·

= Subscribers only.
Sign in here.
Subscribe here.

“Heroin isn’t the weakness Art Pepper submits to; it’s the passion he revels in.”
Photograph (detail) © Laurie Pepper
The Soft-Kill Solution·

= Subscribers only.
Sign in here.
Subscribe here.

"Policymakers, recognizing the growing influence of civil disobedience and riots on the direction of the nation, had already begun turning to science for a response."
Illustration by Richard Mia
New Books
New Books·

= Subscribers only.
Sign in here.
Subscribe here.

“Almond insists that watching football does more than feed an appetite for violence. It’s a kind of modern-day human sacrifice, and it makes us more likely to go to war.”
Photograph by Harold Edgerton

Chance that a movie script copyrighted in the U.S. before 1925 was written by a woman:

1 in 2

Engineers funded by the United States military were working on electrical brain implants that will enable the creation of remote-controlled sharks.

Malaysian police were seeking fifteen people who appeared in an online video of the Malaysia-International Nude Sports Games 2014 Extravaganza, and Spanish police fined six Swiss tourists conducting an orgy in the back of a moving van for not wearing their seatbelts.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!


In Praise of Idleness


I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today