Peter Brownback

Last updated
Peter E. Brownback III
Allegiance United States of America
Service/branch United States Army
Rank Colonel
Unit173rd Brigade
Battles/wars Vietnam War
Other work Presiding Officer
Lawyer

Peter E. Brownback III is a retired military officer and lawyer. [1] He was appointed in 2004 by general John D. Altenburg as a Presiding Officer on the Guantanamo military commissions. The Washington Post reported: "...that Brownback and Altenburg have known each other since 1977, that Brownback's wife worked for Altenburg, and that Altenburg hosted Brownback's retirement party in 1999." [2]

Contents

Brownback is also a combat veteran who served two tours in Vietnam, the first as part of the 173rd Brigade and later as a member of the US Special Forces. He was the honour graduate of his special forces course that he completed in 1972.

Defense attorneys challenged the bias of five of the six presiding officers at the Guantanamo military tribunal, including Brownback. [3] Altenburg removed three officers but retained Brownback. He was the only officer appointed to the first commission who had any legal training.

Dismissed charges against Omar Khadr

In the Summer of 2006 the United States Supreme Court overturned the then current version of the Guantanamo military commission on constitutional grounds. [4] The Supreme Court had ruled that, under the separation of powers, the Bush Presidency lacked the constitutional authority to institute military commissions. The Supreme Court however, did rule that the United States Congress did have the constitutional authority to legislate such military commissions.

In the fall of 2006 the Congress passed the Military Commissions Act, which authorized military commissions similar to those the Supreme Court overturned, to try "unlawful enemy combatants". [4] Brownback and Captain Keith J. Allred, ruled that, since Khadr and Salim Ahmed Hamdan's Combatant Status Review Tribunals had not determined that they were "unlawful enemy combatants", but merely "enemy combatants", the commissions lacked jurisdiction to try them. [4] [5] On June 4, 2007, in a move the BBC described as a "stunning blow" to the Bush Presidency's detainee policy, Brownback dismissed all charges against Canadian youth Omar Khadr. [4] By June 2007, none of the Guantanamo captives had had a "competent tribunal", such as the AR-190-8 Tribunal, determine whether they broke any of the laws of war that would result in stripping them of the protections of Geneva Conventions Prisoner of War status. [4]

November 2007 Guantanamo Military Commission hearings

An appeal court determined that the Presidents of Military Commissions had the authority to determine whether the captives were lawful combatants. [6] [7] Brownback reconvened Khadr's proceedings on Thursday, November 8, 2007. Before Brownback determined whether Khadr was an unlawful combatant, lawyers were allowed to challenge the official as to whether he was an appropriate person to sit as Khadr's judge. Brownback postponed ruling on Khadr's combatant status, giving attorneys more time for preparation. [8] The next two sessions were scheduled for December 7, 2007 and January 13, 2008.

Replaced

Brownback chastised the prosecution [9] telling them "they had to provide Khadr's defence lawyers with records of his confinement at the detention camp in Guantanamo Bay, Cuba, or he would suspend the proceedings." [10] On May 29, 2008 the military suddenly announced that a new officer was appointed to replace Brownback as judge in the Khadr case. Reuters noted that "The dismissal came on the same day that Pentagon prosecutors filed new charges against three other Guantanamo prisoners and defense lawyers accused the prosecutors of trying to rush cases to trial before the November U.S. presidential election." [11] [12] [13] [14]

Related Research Articles

<span class="mw-page-title-main">Unlawful combatant</span> Person who engages in armed conflict in violation of the laws of war

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.

<span class="mw-page-title-main">Ibrahim al Qosi</span> Sudanese al-Qaeda member

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<span class="mw-page-title-main">Omar Khadr</span> Canadian former child soldier (b. 1982)

Omar Ahmed Said Khadr is a Canadian citizen who at the age of 15 was detained by the United States at Guantanamo Bay for ten years, during which he pleaded guilty to the murder of U.S. Army Sergeant 1st Class Christopher Speer and other charges. He later appealed his conviction, claiming that he falsely pleaded guilty so that he could return to Canada where he remained in custody for three additional years. Khadr sued the Canadian government for infringing his rights under the Charter of Rights and Freedoms; this lawsuit was settled in 2017 with a CA$10.5 million payment and an apology by the federal government.

Ahcene Zemiri, also known as Hassan Zumiri, is an Algerian citizen who was for seven years a legal resident of Canada, where he lived in Montreal. He and his Canadian wife moved to Afghanistan in July 2001. They were separated when trying to leave in November 2001 and Zemiri was arrested and turned over to United States forces. He was transferred to the United States Guantanamo Bay detention camp in 2002, where he was detained for eight years without charge.

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>

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<span class="mw-page-title-main">Abdul Zahir (Guantanamo Bay detainee 753)</span>

Abdul Zahir (عبدالظاهر) is a citizen of Afghanistan currently held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. He was the tenth captive, and the first Afghan, to face charges before the first Presidentially authorized Guantanamo military commissions. After the Supreme Court ruled that the President lacked the constitutional authority to set up military commissions, the United States Congress passed the Military Commissions Act of 2006, he was not charged under that system.

<span class="mw-page-title-main">Military Commissions Act of 2006</span> Former United States law

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<span class="mw-page-title-main">Tarek Ali Abdullah Ahmed Baada</span>

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<span class="mw-page-title-main">William C. Kuebler</span>

William "Bill" C. Kuebler was an American lawyer and a Commander in the United States Navy Judge Advocate General's Corps, assigned to the U.S. Navy Office of the Judge Advocate General, International and Operational Law Division. Kuebler was previously assigned to the Office of Military Commissions. Prior to the decision of the United States Supreme Court in Hamdan v. Rumsfeld, to overturn the then current version of the Guantanamo military commissions on constitutional grounds, Kuebler was detailed to defend Ghassan Abdullah al Sharbi. Al Sharbi had insisted on representing himself and Kuebler refused superior orders to act as his lawyer.

Keith J. Allred is an American lawyer and retired Naval officer.

Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees is the full title of a United States Army regulation usually referred to as AR 190-8, that lays out how the United States Army should treat captives.

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<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.

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

Patrick Parrish is an officer in the United States Army.

<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.

Sufyian Ibn Muhammad Barhoumi is an Algerian man who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. The Department of Defense reports that he was born on July 28, 1973, in Algiers, Algeria.

References

  1. ↑ Toni Locy (August 24, 2004). "Guantanamo hearings start today". USA Today . Retrieved 2007-06-07.
  2. ↑ John Mintz (September 16, 2004). "Presiding Officer At Guantanamo Faces Questions". Washington Post . Archived from the original on June 11, 2006. Retrieved 2007-06-07.
  3. ↑ "Three Guantanamo panellists dismissed over bias allegations". USA Today. August 21, 2004. Retrieved 2015-07-15.
  4. 1 2 3 4 5 sergeant (June 4, 2007). "Charges Dismissed Against Canadian at Guantanamo". Department of Defense . Retrieved 2007-06-07.
  5. ↑ sergeant (June 4, 2007). "Judge Dismisses Charges Against Second Guantanamo Detainee". Department of Defense . Retrieved 2007-06-07.
  6. ↑ Jane Sutton (November 8, 2007). "Guantanamo judge says he took "heat" from Pentagon". Reuters. Archived from the original on February 1, 2013. Retrieved 2007-11-08.
  7. ↑ "Trial of Canadian Guantanamo detainee gets go-ahead". Armed Forces Press. November 8, 2007. Archived from the original on 2011-05-20. Retrieved 2007-11-08.
  8. ↑ "Guantanamo judge postpones question of trial eligibility for Canadian detainee". PR Inside. November 8, 2007. Archived from the original on July 28, 2011. Retrieved 2007-11-18.
  9. ↑ Steven Edwards (May 29, 2008). "Pentagon fires Khadr judge: Col. Peter Brownback replaced after chastising prosecution". National Post. Archived from the original on May 31, 2008. Retrieved 2008-05-29.
  10. ↑ "Khadr judge fired, says his military lawyer". CBC News. May 29, 2008. Retrieved 2008-05-29.
  11. ↑ Jane Sutton (May 29, 2008). "Guantanamo judge dismissed in Canadian's case". Reuters . Retrieved 2008-05-29.
  12. ↑ Michael Melia (May 29, 2008). "Gitmo judge removed from Canadian's case". Miami Herald . Retrieved 2008-05-29.[ dead link ]
  13. ↑ Omar El Akkad (May 29, 2008). "Khadr judge at Guantanamo Bay relieved of duties". The Globe and Mail . Retrieved 2008-05-29.[ permanent dead link ]
  14. ↑ "U.S. military dumps judge in Khadr terrorism case in surprise move". Canadian Press. May 29, 2008. Retrieved 2008-05-29.[ permanent dead link ]
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