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Judge critical of Guantanamo war crimes case is<br>
dismissed<br><br>
<x-tab> </x-tab>Army Col.
Peter Brownback III had threatened to<br>
<x-tab> </x-tab>suspend
proceedings unless prosecutors handed<br>
<x-tab> </x-tab>over key
records to the defense.<br><br>
By Carol J. Williams, Los Angeles Times Staff Writer<br><br>
Los Angeles Times - May 31, 2008<br><br>
<a href="http://www.latimes.com/news/nationworld/nation/la-na-gitmo31-2008may31,0,6244452.story" eudora="autourl">
http://www.latimes.com/news/nationworld/nation/la-na-gitmo31-2008may31,0,6244452.story<br>
<br>
</a>MIAMI -- A judge hearing a war crimes case at<br>
Guantanamo Bay who publicly expressed frustration with<br>
military prosecutors' refusal to give evidence to the<br>
defense has been dismissed, tribunal officials<br>
confirmed Friday.<br><br>
Army Col. Peter Brownback III was presiding over the<br>
case of Canadian detainee Omar Khadr. Marine Col. Ralph<br>
Kohlmann, in his role as chief judge at Guantanamo,<br>
ordered the dismissal without explanation and announced<br>
Brownback's replacement in an e-mail this week to<br>
lawyers in Khadr's case.<br><br>
In another indication of the Pentagon's drive to step<br>
up the pace at Guantanamo, charges were drafted against<br>
three more terrorism suspects, bringing to 17 the<br>
number accused of war crimes.<br><br>
Charges of conspiracy and supporting terrorism were<br>
prepared for Ghassan Abdullah Sharbi, a Saudi with an<br>
engineering degree from Embry-Riddle Aeronautical<br>
University; fellow Saudi Jabran Said bin Qahtani; and<br>
Algerian Sufyian Barhoumi. The three are alleged to<br>
have attended Al Qaeda training camps and studied bomb-<br>
making.<br><br>
Brownback had threatened to suspend the proceedings<br>
against Khadr unless prosecutors handed over Khadr's<br>
medical and interrogation records since his July 2002<br>
capture in Afghanistan.<br><br>
Khadr's Navy lawyer, Lt. Cmdr. William C. Kuebler, had<br>
asked for the records months ago, and Brownback had<br>
ordered the government to produce them.<br><br>
The lead prosecutor in the Khadr case, Marine Maj.<br>
Jeffrey Groharing, this week reiterated to Brownback<br>
his view that the defense wasn't entitled to the<br>
records. He urged the judge to set a trial date.<br><br>
Brownback said during an April hearing that he had been<br>
"badgered and beaten and bruised by Maj. Groharing" to<br>
set a date but couldn't do so in good conscience when<br>
the prosecution was withholding evidence.<br><br>
Brownback revealed in a November 2007 session that<br>
Pentagon officials had made clear they "didn't like"<br>
his decision the previous June to dismiss the Khadr<br>
case for lack of jurisdiction.<br><br>
That ruling was overturned a few weeks later by a<br>
hastily assembled Court of Military Commission Review.<br><br>
Asked about Brownback's removal, Air Force Capt. Andre<br>
Kok, a tribunal spokesman, said it was "a mutual<br>
decision between Col. Brownback and the Army that he<br>
revert to his retired status when his current active-<br>
duty orders expire in June."<br><br>
Human rights monitors saw Brownback's dismissal as<br>
indicative of political influence on the tribunal.<br><br>
"The fact that Judge Brownback has now been taken off<br>
the case, without explanation, creates the appearance<br>
of political meddling and highlights why these<br>
commissions cannot be considered full, fair and<br>
independent," said Jennifer Daskal, senior counter-<br>
terrorism counsel for Human Rights Watch.<br><br>
"The message of the Pentagon's decision seems to be<br>
that it is unwilling to let judges exercise<br>
independence if it means a ruling against the<br>
government," said Jamil Dakwar, human rights program<br>
director for the American Civil Liberties Union.<br><br>
While Brownback made several rulings in favor of the<br>
defense, earlier this month he sided with the<br>
prosecution in refusing to classify Khadr as a child<br>
soldier at the time of his alleged offenses.<br><br>
Kuebler has been lobbying Canadian officials for the<br>
repatriation of Khadr so he can be tried in a forum in<br>
compliance with international accords on the treatment<br>
of child soldiers.<br><br>
Khadr, now 21, faces up to life in prison if convicted<br>
at Guantanamo on charges of murder, conspiracy and<br>
supporting terrorism. He is accused of lobbing a<br>
grenade that killed U.S. Army Sgt. 1st Class<br>
Christopher J. Speer during the firefight in which he<br>
was captured.<br><br>
In other developments at the military tribunal, lawyers<br>
for confessed Sept. 11 mastermind Khalid Shaikh<br>
Mohammed and four codefendants complained Wednesday<br>
that prosecutors were pushing for a Sept. 15 trial date<br>
to play out the emotionally charged case just ahead of<br>
the November presidential election.<br><br>
"Three months and 18 days is not enough time to prepare<br>
a defense in this death penalty case, even if the<br>
government had provided the defense with the attorneys,<br>
resources and facilities necessary to do so," Navy Lt.<br>
Cmdr. Brian Mizer said.<br><br>
The Sept. 11 suspects are to be arraigned June 5 at<br>
Guantanamo, the first time the men, who were held<br>
abroad for years in secret CIA prisons, will be brought<br>
before a judge, journalists and human rights observers.<br><br>
Their lawyers urged Kohlmann to dismiss the charges<br>
against them because of "unlawful command influence"<br>
exercised by Air Force Brig. Gen. Thomas W. Hartmann,<br>
the legal advisor to the tribunal convening authority.<br><br>
Hartmann was disqualified from another war crimes case<br>
this month on the same grounds.<br><br>
Lawyers for Yemeni prisoner Salim Ahmed Hamdan<br>
successfully argued that Hartmann had shown a lack of<br>
independence in pressing prosecutors to try "sexy"<br>
cases that would produce quick convictions.<br><br>
carol.williams@latimes.com<br><br>
<br><br>
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