Fred Borch

Last updated
Frederic Borch Frederic Borch.jpg
Frederic Borch

Colonel Frederic L. Borch (born 1954) is a career United States Army attorney with a master's degree in national security studies, who served as chief prosecutor of the Guantanamo military commissions. He resigned his commission in August 2005 after three prosecutors complained that he had rigged the system against providing due process to defendants. He was replaced by Robert L. Swann [1] [2] [3]

Contents

He worked for a time as a civilian consultant for the prosecution teams of the Guantanamo military commissions. In 2006 he was hired for the position of the first archive historian for the Judge Advocate General Corps. [4] He was awarded a Fulbright fellowship for 2012–2013 to serve as a visiting professor at the University of Leiden, teaching issues in terrorism and counter-terrorism.

Education

Borch earned a B.A. in history from Davidson College in 1976, and was commissioned into the U.S. Army. He studied law at the University of North Carolina for his J.D. degree, then at the University of Brussels for an LL.M. in international and comparative law (magna cum laude). [5]

Military career

A legal assistant to Fort Benning's Army Infantry School and the 325th Infantry Regiment, Borch spent two years as a defense counsel at the Army's Trial Defense Service in Kaiserslautern, Germany.

In 1987, Borch enrolled for a year at the Judge Advocate General's school in Charlottesville, Virginia and received his degree in Military Law. He was assigned to Fort Bragg's XVIII Airborne Corps, while also serving as a civilian assistant District Attorney for North Carolina

In 1990, Borch began a 3-year term as professor of Criminal Law at the JAG school, specialising in Fourth Amendment application. Following this position, he studied at the Command and General Staff College at Fort Leavenworth. He was next assigned to a job with the Joint Service Committee for Military Justice, between the JAG office and the Pentagon. He drafted legislation related to the Uniform Code of Military Justice and proposed changes to the Manual for Courts-Martial.

Borch oversaw the successful 1997 prosecution of 13 drill sergeants accused of sexual misconduct at Aberdeen Proving Ground, and was promoted to Deputy Chief in the Army's Government Appellate Division. The following year, he was made Staff Judge Advocate for Fort Gordon's Army Signal Center.

He attended the Naval War College in Newport, Rhode Island and graduated at the top of his class, receiving his Master's degree in National Security Studies in 2001. He took a position as a professor of International Law, focusing on counter-terrorism.

Guantanamo Bay military commission

Responding to the United States Supreme Court decision in Rasul v. Bush (2004) that detainees had the right to challenge their detention before an impartial tribunal, the Department of Defense set up a system of Combatant Status Review Tribunals, Administrative Review Boards, and Military Commissions, the last to try defendants charged with war crimes.

Borch was appointed as Chief Prosecutor of the Military Commission in 2004. He worked to prepare for trials starting in 2005.

Alleged corruption of the Guantanamo hearings

On June 15, 2005 Lieutenant Commander Charles Swift testified before the Senate Judiciary Committee that: [6]

...regarding my decision to file a next friend habeas petition on behalf of Mr. Hamdan... when the Chief Prosecutor for commissions requested assignment of counsel to Mr. Hamdan, he specified that access to Mr. Hamdan was contingent upon negotiating a guilty plea on Mr. Hamdan's behalf."

In August 2005 the prosecutors Capt. John Carr, Maj. Robert Preston wrote that Borch told them that the presiding officers had been chosen because they would be sure to convict. He reportedly said that all evidence that suggested that the suspects were innocent would be given a "secret" security classification, which would exclude it from the defense teams' review or knowledge.

Borch denounced the two men's statements, claiming they were "monstrous lies", but resigned his commission [7]

Following Borch's replacement both Peter Brownback, the commission's president, and Swann, the replacement for Chief Prosecutor, recommended the removal of the other two members of the commission, Air Force Lieutenant Colonel Timothy K. Toomey and Army Lieutenant Colonel Curt S. Cooper. [8] Toomey was an intelligence officer who had helped capture suspects in Afghanistan. Cooper had admitted to referring to Guantanamo prisoners indiscriminately as "terrorists." [8]

Later life

After retirement from the military, Borch worked for the Guantanamo prosecution teams as a civilian consultant. [9] [10]

In addition, he has been serving as President of the Orders and Medals Society of America since 2010 [11] and he is an active contributor to its journal. [12] Borch published a book on military decorations of the U.S. Army and Air Force in 2013. [13] In 2006 Borch was hired for the position of the first archive historian for the JAG office. [4] [14]

In 2009, Borch was hired by The American Film Company as an adviser for the production of The Conspirator (2010). Directed by Robert Redford, the movie is about the military commission that in 1865 tried Mary Surratt and the other conspirators in the Lincoln assassination. The film stars James McAvoy and Robin Wright.

Borch was awarded a Fulbright fellowship for 2012–2013, as a visiting professor at the University of Leiden in the Netherlands. He will teach international law relating to terrorism and counter-terrorism.

Military works

The Department of Defense published several books by him:

See also

Related Research Articles

<span class="mw-page-title-main">Guantanamo military commission</span> U.S. military tribunals

The Guantanamo military commissions were established by President George W. Bush – through a military order – on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of eight convictions in the military commissions, six through plea agreements with the defendants. Several of the eight convictions have been overturned in whole or in part on appeal, mostly by U.S. federal courts.

Hamdan v. Rumsfeld, 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions ratified by the U.S.

<span class="mw-page-title-main">Salim Hamdan</span> Guantanamo detainee

Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November 2008. He admits to being Osama bin Laden's personal driver and said he needed the money.

<span class="mw-page-title-main">John D. Altenburg</span> United States general

John D. Altenburg Jr. is a lawyer for the U.S. Army and a retired major general. In December 2003, Secretary of Defense Donald Rumsfeld named Altenburg as the appointing authority for military commissions covering detainees at Guantanamo. He resigned, effective November 10, 2006.

Robert L. Swann is an American lawyer and retired career Army colonel. He was the second Chief Prosecutor of the Military Commission at Guantanamo Bay detention camp, serving 2004 to 2006. He followed Fred Borch, who resigned in disgrace, and William Lietzau, acting Chief Prosecutor.

<span class="mw-page-title-main">Moe Davis</span> American politician (born 1958)

Morris Durham "Moe" Davis is an American retired U.S. Air Force colonel, attorney, educator, politician, and former administrative law judge.

<span class="mw-page-title-main">Charles Swift</span> American attorney and Navy officer

Charles D. Swift is an American attorney and former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps. He is most noted for having served as defense counsel for Salim Ahmed Hamdan, a detainee from Yemen who was the first to be charged at Guantanamo Bay; Swift took his case to the US Supreme Court. In 2005 and June 2006, the National Law Journal recognized Swift as one of the top lawyers nationally because of his work on behalf of justice for the detainees.

Stuart Couch is an American lawyer, veteran, and immigration judge.

<span class="mw-page-title-main">Thomas W. Hartmann</span>

Thomas W. Hartmann is an American lawyer and officer in the United States Air Force Reserve. He has 32 years of criminal, commercial and civil litigation experience. Between 1983 and 1991 he was a prosecutor and defense counsel in the Air Force, including duties as Chief Air Force Prosecutor in Asia-Pacific Region. From 1991 to 1996 he was an associate at Bryan Cave LLP and at SBC Communications. In 1996 he became senior counsel for mergers & acquisitions for SBC Communications closing multiple deals worth several billion dollars in U.S., Europe, and South America as well as negotiating a strategic partnering agreement with a global internet service provider. From 1998 onwards he was general counsel for SBC Communications (1999–2001), Orius Corp. (2001–2004) and MxEnergy Inc. (2005–2007) in domestic and international settings. In July 2007 Brigadier General Hartmann was appointed the legal adviser to the convening authority in the Department of Defense Office of Military Commissions. In September 2008, as a result of the expansion of the commission efforts that General Hartmann had led, Deputy Secretary of Defense Gordon England elevated General Hartmann to become the director of operations, planning, and development for the commissions. Hartmann reported to Susan J. Crawford, a retired judge, who was the convening authority until March 2010.

Colby Vokey is an American lawyer and former officer in the United States Marine Corps. He currently practices criminal defense law in his own private practice. He represents clients in all types of criminal matters, with particular emphasis on cases involving military law. Vokey earned the rank of lieutenant colonel and served as a judge advocate in the United States Marine Corps during 21 years of service to his country. His retirement from the Marine Corps became effective Nov. 1, 2008. During his military career, Vokey earned worldwide praise for his work ethic and integrity, based in part on his work for defendants detained at Guantanamo Bay, Cuba, who faced charges stemming from the war in Iraq.

<span class="mw-page-title-main">Lawrence Morris</span>

Attorney Lawrence J. Morris is the chief of staff and counselor to the president at The Catholic University of America and a retired United States Army colonel.

Ralph Harold Kohlmann is an American lawyer and retired United States Marine Corps officer.

<span class="mw-page-title-main">David J. R. Frakt</span>

David Frakt is an American lawyer, law professor, and officer in the United States Air Force Reserve.

<span class="mw-page-title-main">Presiding Officer (Guantanamo Military Commissions)</span>

The United States of America has charged Guantanamo captives before "Military Commissions", each presided over by a Presiding Officer.

Michael Chapman is an American lawyer, and former senior officer in the United States Army's Judge Advocate General corps, who was appointed the legal adviser to the Office of Military Commissions, in Guantanamo on September 19, 2008. According to the official press release that announced his appointment his previous appointments included being:

Kyndra Kaye Rotunda is an American lawyer, author, and former officer in the United States Army Judge Advocate General's Corps . She is a law professor at the Chapman University School of Law.

<span class="mw-page-title-main">Brian L. Mizer</span> United States Navy JAG officer

Brian L. Mizer is a United States Navy JAG officer. He is from the State of Nebraska. He attended Creighton University in Omaha, Nebraska, for his undergraduate degree and Case Western Reserve University for his Juris Doctor.

<span class="mw-page-title-main">Andrea J. Prasow</span> Human rights advocate

Andrea J. Prasow is an American attorney and global human rights advocate. She leads The Freedom Initiative, a U.S.-based organization whose mission is "to bring international attention to the plight of political prisoners in the Middle East and advocate for their release." Prasow was appointed as The Freedom Initiative's executive director in November 2021.

<span class="mw-page-title-main">Mark S. Martins</span> United States Army general

Mark Steven Martins is a retired United States Army officer. He attained the rank of brigadier general in the United States Army Judge Advocate General's Corps. Martin's final position was Chief Prosecutor of Military Commissions, overseeing the trial of Khalid Sheik Mohammed and four co-defendants.

References

  1. ↑ Leigh Sales (2005-08-01). "Leaked emails claim Guantanamo trials rigged". Australian Broadcasting Corporation. Archived from the original on 2005-08-02. Retrieved 2008-08-14.
  2. ↑ Leigh Sales (2005-08-03). "Leaked emails claim Guantanamo trials rigged". Australian Broadcasting Corporation. Archived from the original on 2008-10-07. Retrieved 2008-08-14.
  3. ↑ "Chief Guantanamo Prosecutor Departs". National Public Radio. 2004-04-22. Archived from the original on 2007-03-12. Retrieved 2008-08-14.
  4. 1 2 Air Force News, pay & benefits, careers, entertainment, photos - Air Force Times HOME
  5. ↑ "Biography: COLONEL FREDERIC L. BORCH III" (PDF). Department of Defense. Archived (PDF) from the original on 2008-09-16. Retrieved 2008-08-14.
  6. ↑ Charles Swift (September 25, 2006). "Testimony of Lt. Commander Charles Swift, Office of Chief Defense Counsel, Office of Military Commissions, Department of Defense". United States Senate Judiciary Committee. Archived from the original on July 31, 2008. Retrieved April 23, 2007.
  7. ↑ "Military commissions' prosecutors charge: trials rigged against Guantánamo detainees". 2005-08-05. Archived from the original on 2005-09-15. Retrieved 2008-08-14.
  8. 1 2 "Officer in Guantanamo hearings urges dismissal of two panelists". USA Today . 2004-09-16. Archived from the original on 2007-03-12. Retrieved 2008-08-14.
  9. ↑ Jess Bravin (March 31, 2007). "The Conscience of the Colonel". Wall Street Journal . Retrieved 2007-04-11. mirror
  10. ↑ Jess Bravin (March 31, 2007). "The Conscience of the Colonel". mirror of the Wall Street Journal article. Archived from the original on June 12, 2008. Retrieved April 11, 2007.
  11. ↑ History of OMSA | Orders and Medals Society of America
  12. ↑ The OMSA Forums [https://web.archive.org/web/20041108053601/http://www.omsa.org/forums/oldjomsa.php mirror
  13. ↑ Borch III, Fred L. (2013). Medals for Soldiers and Airmen: Awards and Decorations of the United States Army and Air Force. McFarland. ISBN   9780786474127.
  14. ↑ JAGCNet Log-In [ permanent dead link ]
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.