No Comment — August 16, 2008, 6:25 pm

Military Judge Finds Political Manipulation in Gitmo, Again

The proceedings in the Guantánamo military commissions continue, and the professional participants continue to grapple with the poorly disguised efforts of the Bush Administration to fix the outcome. JAG attorneys active in the commissions have frequently cited Thomas W. Hartmann as the source of their concerns. Hartmann, whose civilian job is general counsel to Mxenergy Holdings Inc., the Stamford, Connecticut gas producer and distributor, was handpicked and brought out of the JAG reserves to serve as the Bush Administration’s stage manager for the Guantánamo productions. His formal position is as “legal advisor” to Susan J. Crawford, the convening authority. Crawford, a retired military judge, previously worked for Dick Cheney and is known as a crony of David Addington.

In concept, Hartmann plays a supervisory role over the process in an administrative sense. He is also supposed to review decisions of the commissions and make a recommendation to Crawford before he passes them on to her for finalization and approval. However, according to testimony taken in the Gitmo proceedings, Hartmann played his hand crudely from the outset. He appeared before a Senate committee suggesting repeatedly his belief that torture-induced evidence could be used, and denying that waterboarding was torture. His highly evasive performance caused Republican Senator Lindsey Graham to express disgust.

When the first charges were announced, Hartmann appeared on national television brandishing harsh labels and prejudging cases on which he was slated to exercise an appellate review function—raising questions under professional ethics rules which later fueled challenges against him.

As the cases proceeded, accounts of Hartmann’s bullying and intimidation of other lawyers participating in the process circulated. In the Salim Hamdan case, his involvement drew a challenge, and after the court heard evidence of Hartmann’s improper conduct that included specific allegations that he was jockeying to have cases publicized and tried “before the elections,” he was banned from involvement in the case. Hartmann refused to resign, and protested that he was doing precisely what was called for by his job description.

In the last week, Hartmann faced a second challenge in another case. The former chief prosecutor, Colonel Moe Davis, testified that Hartmann had lobbied hard for the prosecution of an Afghan detainee named Mohammed Jawad, apparently because Hartmann felt the case would play well to an American television audience. Davis was followed by Gen. Gregory Zanetti, who testified that Hartmann routinely bullied other attorneys and was inappropriately aggressive in pushing for prosecution of certain cases that he felt had media value. Zanetti concluded that Hartmann’s behavior was “abusive, bullying and unprofessional. . . pretty much across the board.” Consistent with his public remarks, Hartmann’s actions reflected a particular bias in favor of aggressive prosecution of cases which he feels could be exploited politically to the advantage of the Bush Administration.

The current chief prosecutor, Col. Lawrence Morris, defended Hartmann, stating that the issues raised reflected nothing more than “a superficial personality conflict.” Morris is Hartmann’s direct subordinate. Interestingly, this is the same defense that Hartmann adopted when his conduct became the subject of an internal Defense Department probe.

Now a second military judge, Col. Steve Henley, has ordered Hartmann’s removal from the proceedings, sustaining the accusations raised against him. In an order handed down on Friday, Hartmann was banned from participation in the case, and the defense counsel were advised that they could make submissions in their quest for access to exculpatory evidence directly to Crawford, bypassing Hartmann.

For an attorney to be formally admonished and removed from legal proceedings twice for unprofessional conduct is an extraordinary matter. However, Hartmann is defiant, insisting that his actions are proper. One wonders if the disciplinary authorities of the Connecticut bar are following these developments.

Update: Readers advise me over the weekend that Hartmann is not a member of the bar in the state in which he most recently practiced, Connecticut, but he is admitted in Illinois and Missouri.

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

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

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2014

Gateway to Freedom

= Subscribers only.
Sign in here.
Subscribe here.

Guns and Poses

= Subscribers only.
Sign in here.
Subscribe here.

Christmas in Prison

= Subscribers only.
Sign in here.
Subscribe here.

Poison Apples

= Subscribers only.
Sign in here.
Subscribe here.

Growing Up

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Sarah Topol follows the trade routes used by arms smugglers, Eric Foner explores the hidden history of the Underground Railroad, Karl Ove Knausgaard recounts a humiliating episode from grade school, and more
Photograph by Angela Strassheim
Article
Growing Up·

= Subscribers only.
Sign in here.
Subscribe here.

“The best coming-of-age stories have a hole in the middle. They pretend to be about knowledge, but they are usually about grasping, long after it could be of any use, one’s irretrievable ignorance.”
Photograph by Ben Pier
Article
Guns and Poses·

= Subscribers only.
Sign in here.
Subscribe here.

“‘It’s open shopping,’ he said. ‘A warehouse. The whole of Libya.’”
Map by Mike Reagan
Article
Gateway to Freedom·

= Subscribers only.
Sign in here.
Subscribe here.

“The Vigilance Committee survived until the eve of the Civil War, and over the course of its several incarnations it propelled the plight of fugitives to the forefront of abolitionist consciousness.“
Photograph by Amani Willett
Article
Christmas in Prison·

= Subscribers only.
Sign in here.
Subscribe here.

“Just so you motherfuckers know, I’ll be spending Christmas with my family, eating a good meal, and you’ll all be here, right where you belong.”
Photographer unknown. Artwork courtesy Alyse Emdur

Amount that President Obama has added to America’s “brand value” according to the Nation Brands Index:

$2,100,000,000,000

A study suggested that the health effects of exposure to nuclear radiation at Chernobyl were no worse than ill health resulting from smoking and normal urban air pollution.

A former New York City police officer who had been arrested in 2012 for exchanging online messages about cooking women alive and eating them, and for illegally accessing data about potential victims in law-enforcement databases, was sentenced to time served.

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

HARPER’S FINEST

In Praise of Idleness

By

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