We learned late today that Army Lieutenant Colonel Darrel Vandeveld, the lead prosecutor in the military commissions case against Mohammed Jawad, has resigned in protest because the prosecution team was not providing the defense evidence that could indicate Jawad’s innocence

man, this president continues to slap our constitution around like it’s his personal dog.

this is a kick in the stomach…again

Thanks for this Christy. I had missed it.

man, this president continues to slap our constitution around like it’s his personal dog.

he’s abusing Barney now? ok, that’s it – I’ve decided that I don’t like Georgie any more.

Not good that withholding exculpatory material. nope, nope.

It’s OK….you do not have to pretend that you ever did. You’ll be in better company.

Good on Colonel Vandeveld, and ta hell with those who lack his (belated?) recognition of basic fairness and justice.

Waaaaaaay back in the day when I attended a non-lawyer UCMJ seminar, the JAG Officers who ran it spent a good part of the time talking about “undue command influence” because the unit CO’s could (and had) come close to violating some of the tenets of undue command influence, and they did not want to see cases kicked by a military judge for that reason.

I think that the more slavish JAG attorneys who were looking to “get ahead” with the sponsorship of administration-attached Pentagon officials have managed to mangle the system in ways that it was never meant to be mangled. Luckily, there have been men and women of conscience who have managed to keep their standards in hope that one day Justice would reenter the system when the last of the corrupt fucking bushies leave.

The other thing, and I truly believe this to be the case is that both Darth Dick and Beloved Leader figured that most JAG lawyers would stand up and salute and do whatever they were “ordered” to do, not realizing the most JAG Lawyers understood the difference between “just following orders” and an actual defense to War Crimes… The “political” and not-so-bright ones probably did their masters bidding, but the rest, perhaps not so much, and we’re starting to see that now.

I also wonder how many Trial and Defense counsels in the GITMO command aggressively pursued these charges, hoping that delays would some day either render the need for trials moot, or at least some degree of sanity would allow only the “worst” detainees to be tried in a real court, not the Bunnypants Kangaroo Court o’delayed Justice.

The written accounts specifically name (in addition to Rice) former attorney general John D. Ashcroft and former defense secretary Donald H. Rumsfeld as participants in the discussions, according to copies of the statements released by committee officials in advance of a hearing scheduled for today. The committee’s questionnaire did not specifically ask whether President Bush or Vice President Cheney attended the meetings.

(my bold) – and why the hell not?

really

There have been a number of JAG folks who have stepped out of participation in these as a means of protesting what they feel are proceedings which conflict with the UCMJ, among other problems. It hasn’t gotten a lot of press, though. I’m working with the ACLU to get some folks on for a chat about the tribunal structure and things they have seen as observers and counsel and such there.

If I remember correctly, I think there were separate inquiries sent to the WH and the Veep’s office and individuals like Addington. But I don’t know that for certain — would have to dig back through some notes…

Thanks for the post, Christy and for the awesome accompanying video.

I loved that video. The snarky tone seemed so perfectly attuned to the post…I just couldn’t help myself.

Digg it here.

I don’t see the problem. How can you run a good kangaroo court if you pay attention to something like due process?

BTW Tom Hartmann was a corporate lawyer and true believer who was brought in from outside. He was moved recently because he kept getting barred from trials for his interference but he was not removed from the process so his baleful influence persists.

You can never go wrong with the Muppets!

the State in its zeal to convict

These people think that they are the first government to feel zeal. (”9/11 9/11 9/11″) They are not. That’s why the English language and many others have words like “overzealous”. It makes you want to shout at them, “You idiots! You’ve fallen into one of the oldest traps of all!”

Railroading Afghan and Iraqi peasant farmers thru Kangaroo Courts is a Patriot Act. Why does Colonel Darrel Vandeveld hate America?

Christy, thanks for the intersting post. I had quite a few friends who were Navy JAGs from my time on active duty, and was always impressed by their professionalism and ability to be assigned to be either a prosecutor or defense counsel depending on the needs of the Navy Legal Services Office where they were assigned.

I think when the top JAGs started speaking out several years ago about the GITMO mess, and the treatment of detainees in general folks started to see that a line was being crossed. Unfortunately it was always an uphill battle for the dissenters because Joe Six-Pack hardly cared if a man the adminstration said was a “terrorist” was being mistreated. Add that to the ridicule that was heaped on critics by various and sundry congress-critters (they get lemon chicken and rice!!!) and it was a no-win deal for anyone who dissented.

While watching the chickens bawking Stars And Stripes Forever, I couldn’t help but be reminded of McCain canceling his debate appearance… for the good of the country.

No, Perris – Bush treasures Barney in a way that is far above his commitment to upholding the Constitution.

and why the hell not?

There are known knowns. These are things we know that we know.
There are known unkowns. That is to say, there are things we know we don’t know.
But, there are also unknown unknowns. These are things we don’t know we don’t know.

Thank you for not helping yourself. I needed it too.

The musician in me would love to see the score of that arrangement. (”And at this point, the Swedish Chef chases the chicken around the stage . . . in time.”)

Provision of exculpatory evidence is a cornerstone of justice. Justice Marshall’s dissent in US v. Agurs explains why:

Great words by Justice Marshall, but it would be nice to see more of these explanations of the cornerstones of justice in unanimous majority opinions instead of in stirring dissenting opinions.

I’m not going to hold my breath waiting for that, however.

The musician in me would love to see the score of that arrangement.

I hadn’t considered that, it would be fascinating.

Here is an entry from scandals list about defense counsel

173. Punishment of defense counsel at Guantanamo for doing their jobs. Lieutenant Commander Charles Swift who won the Hamdan v. Rumsfeld case which held that the Executive could not set up military tribunals on its own without approval by the Congress was forced out of the Navy JAG corps as a result. Major Michael Mori who defended Australian Guantanamo detainee David Hicks got for him a plea deal on March 26, 2007 whereby he was given 7 years all but 9 months of which were suspended and which he could serve in Australia. As a reward, Mori was passed over for promotion, offered remote postings, and rejected as a judge trainee. To date, 4 of 6 military defense attorneys up for promotion have been similarly passed over. Another Lieutenant Commodore Matthew Diaz has been convicted of giving secrets to the benefit of a foreign government for having given a list of Guantanamo detainees to a New York law firm the Center for Constitutional Rights in 2005. On May 18, 2007, he was sentenced to 6 months in the brig and discharge. At the time (before the Military Commissions Act), the Center had won the right in Rasul v. Bush to file habeas briefs on behalf of detainees but the US sought to block these by refusing to turn over the names and so preventing the detainees from getting legal representation. The US had fought such disclosure despite Rasul and even though it is obligated to release this information at least to the Red Cross under the Geneva Conventions and failure to do so is a violation of international law. Lt. Colonel Cobly Vokey chief of Marine defense attorneys for the western US resisted his superiors’ attempts to limit defense efforts in the trials of Guantanamo detainees and Marines accused in the Haditha massacre. He was fired from his position and then re-instated after fellow Marine attorneys protested and he had announced his retirement effective May 1, 2008.

My item 10 also talks about some of the prosecution side Hartmann (de facto although he was supposed to be part of the convening authority) and Davis, and my addition with Vandeveld should soon be up.

This was a case wherein the majority opinion was written by Stevens, with Marshall and Brennan dissenting. In an argument over principle and precedent, I might add, on balancing the power of the state against the interests of justice and the right to a fair trial. We won’t be seeing that again for a while, I’m afraid.

Barney IS the most only endearing member of the Bush clan.

Hey! New GritTV up already!

Oh, I don’t know, ratfood! Laura is fairly endearing, especially when she says that Sarah is, of course, not competent!

Fat fuck Haley Barbour on the toobz

I thought you knew. Laura is an alien from the planet Xanax.

He’s talkin like the debate is on.

Call Sarah..

If GWB doesn’t mind, why should I? Probably the most suitable mate for him. She’s easily manipulated. Kinda like a wind up doll. Unless she isn’t pre-prepared! At those times, she’s fairly engaging.

Somebody needs to give Vandeveld a platform. Maybe Olbermann will put him on teevee.

Video Palin’s Witch hunting pastor proceeds over the laying on of hands and prayer for the proserity of Sarah Palin. This could be the deal breaker we have hoped for.

The only voters who could appreciate a laying on of hands with prayer to cast out witch spirits are the voters who participate in such spiritual endeavors themselves. McCain Palin might lose the Catholic, Methodists and other conservative type voters over this creeped out voodoo.

http://www.youtube.com/watch?v=2fVfTCVGZKg

What a rare opportunity!

“Three Cheers for the Lawyers!”

I’m glad it was JAG – It’s Inspiring that They ’stood up’ for the Rule of Law. That Colonel is a Courageous Man.

Maybe, just maybe, the last best hope for mankind won’t disappear from the stage after all.

shhheeet, no one cares as long as she’s a republican.

The JAG corps has been doing quite a bit of that, actually, which is why they were utterly marginalized on detainee interrogation discussions, silenced on tribunal set-up and pushed out entirely in discussions by Rummy and Co. early on.

What is he talking about? He’s an idiot but a dangerous one.

Catholics? Did you forget about “The Exorcist”? How about the Inquisition? Catholics believe in such things as evil spirits, possession by evil spirits, etc. As a former Catholic, with 11 years of Catholic schooling, trust me. I know.

I hope the Department of Justice and the JAG Corps in an Obama administration can find a place for folks like Vandeveld.

I notice from the Post article in your first link that he’s a reservist. I wonder if there is a subplot of regular military vs reservists at work here, too.

From everything I know about how things have gone, it’s been both regular and reserves who’ve raised objections throughout. Lt. Cmdr. Swift, who represented Hamdan is a good example of the regular enlisted JAG folks who stood up for their principles. And he was summarily cashiered out once he won his case, too. Thanks, Rummy!

“And it’s time the entire nation woke up to that reality.” ; granted but how does one wake up a nation of sheep?
“A society of sheep must in time beget a government of wolves.”
–Bertrand de Jouvenal

McCain’s chief of staff is gay. Poor Sarah…the company she has to keep. I hope the guy isn’t being prayed over by her. One of the churches she has attended is big on ‘praying away the gay’.

http://blogactive.com/

OT
House Hearing on Freddie & Fannie

The House Financial Services Cmte., chaired by Rep. Barney Frank (D-MA) Rep Maxine Waters (D-CA), hears about the Treasury Dept.’s efforts to buy securities issued by Fannie Mae and Freddie Mac. The committee also looks at the Federal Housing Finance Agency’s takeover of the two mortgage guarantors.

on CSPAN 3

Video Palin’s Witch hunting pastor proceeds over the laying on of hands and prayer for the proserity of Sarah Palin.

I thought his Wolfman Jack voice simulation was a nice touch.

reply to hackworth @ 36

I know I did this once before, but I’m going to link to this again. It’s about the Magna Carta – and probably has more than anyone really wants to know, but our Constitution is based on it(among other writings)and it deals with all sorts of issues that we grapple with today(and even has something to do with the topic at hand): torture, women’s rights to property, people’s rights to common areas and natural resources, human rights. It’s a great piece and is a reminder of how connected we are in this world by this document…and what a threat the Bush/Cheney Administration(and the lazy, inattentive Congress)has been to our Constitution, by extention the Magna Carta, and by extension the rest of humanity. http://bostonreview.net/BR28.3/linebaugh.html

That’s exactly what I mean.

The regular military folks saw what happened to Swift, and may be a little more hesitant to rock the boat when they have qualms. A reservist, OTOH, has a career outside the military to return to.

When Vandeveld complained, says the Washington Post, it was about the culture of the commissions and the procedures that have been set up:

“My ethical qualms about continuing to serve as a prosecutor relate primarily to the procedures for affording defense counsel discovery,” wrote Vandeveld in his filing. “I am highly concerned, to the point that I believe I can no longer serve as a prosecutor at the Commissions, about the slipshod, uncertain ‘procedure’ for affording defense counsel discovery.”

Sounds to me like the Ghost of General Hartmann is alive and well and haunting the JAG offices at Gitmo.

A few years ago, Bush made a comment about if only Laura and Barney were left believing in him…Is he there yet? Can anyone remember the exact quote?

‘I will not withdraw even if Laura and Barney are the only ones supporting me.’

Copied from a search and attributed to Wiki.

New BT post

Thanks…answering my own question…he’s there…

FYI, the ACLU has posted more information on the resignation. I updated the post above with a link as well.