Susan Crawford | |
---|---|
Convening Authority of the Guantanamo Military Commissions | |
In office February 7, 2007 –January 2010 | |
Appointed by | George W. Bush |
Preceded by | John D. Altenburg |
Succeeded by | Bruce MacDonald |
Senior Judge of the United States Court of Appeals for the Armed Forces | |
Assumed office September 30,2006 | |
Chief Judge of the United States Court of Appeals for the Armed Forces | |
In office October 1,1999 –October 1,2004 | |
Preceded by | Walter T. Cox III |
Succeeded by | H. F. Gierke III |
Judge of the United States Court of Appeals for the Armed Forces | |
In office November 19,1991 –September 30,2006 | |
Appointed by | George H. W. Bush |
Preceded by | Robinson O. Everett |
Succeeded by | Scott W. Stucky |
Inspector General of the Department of Defense | |
In office November 28,1989 –November 19,1991 | |
President | George H. W. Bush |
Preceded by | Derek Vander Schaaf (acting) |
Succeeded by | Derek Vander Schaaf (acting) |
Personal details | |
Born | Pittsburgh,Pennsylvania,U.S. [1] [2] | April 22,1947
Spouse | Roger W. Higgins |
Children | one daughter [1] |
Education | Bucknell University (BA) New England School of Law (JD) |
Susan Jean Crawford [1] (born April 22,1947) [2] is an American lawyer,who was appointed the Convening Authority for the Guantanamo military commissions,on February 7,2007. [3] Secretary of Defense Robert Gates appointed Crawford to replace John D. Altenburg. [4]
She had previously served as judge and chief judge of the United States Court of Appeals for the Armed Forces,Inspector General of the Department of Defense (appointed by George H. W. Bush),General Counsel for the Department of the Army (appointed by Ronald Reagan) and Assistant State's Attorney for Garrett County,Maryland. [5] [6]
Crawford was an active judge on the Court of Appeals for the Armed Forces (CAAF) from 1991 to 2006. She was appointed by President George H. W. Bush as a justice to the nation's highest military court in 1991 for a fifteen-year term. She served as its chief judge from 1999 to 2004. She is now a judge in senior status.
Crawford was the lone dissenter in a case involving Senator-Military Judge-Colonel Lindsey O. Graham. In 2006,by a vote of 4–1,the CAAF found unconstitutional the dual role of Lindsey O. Graham as a senator (Republican from South Carolina) and as a reserve officer sitting as a military judge on the Air Force Court of Criminal Appeals. Crawford,in dissent,contended that there was no constitutional error in Senator Graham's role,and that,even if there were,it was harmless. In the case in point,the military appellant Airman Lane had been unable to show he suffered any "actual prejudice." She also said that,if Congress thought there were a constitutional problem in Sen. Graham's service,it would have been free to take action,and it has not.
The majority's opinion relied upon the Constitution's "incompatibility clause" in Article I," saying that "no person holding any office under the United States shall be a member of either House during his continuance in service." It also relied upon separation-of-power principles,primarily as discussed by the Supreme Court in Buckley v. Valeo (1976) and three Supreme Court precedents from the 1990s dealing with appointments to military courts. Congress,Crawford wrote,"may well desire the synergism that would result from having a member of Congress serving as a trial or appellate judge in the military justice system." [9]
Crawford is reported to have directly negotiated the plea bargain of David Hicks,an Australian linked with Al Qaeda and the Taliban,without any input from the Prosecution. [10]
When speaking at Bucknell University on April 27,2007,Crawford said:
"Much of the media coverage and commentary has been negative,questioning our legal authority to hold detainees without a trial in U.S. Federal Courts," Crawford said. "Under the law of war,the detainees at Guantanamo Bay are not held pending criminal charges. While detainees may be tried for violations of the law of war,there is no obligation to so charge them." [11]
During the same presentation,Crawford said:
"One of the biggest problems at Guantanamo is that the detainees gain too much weight because we feed them so well." In response to a question as to whether she endorses the practice of extraordinary rendition and the CIA's kidnapping of foreign citizens in other countries,Crawford said:"Well,I don't think we always have the right to kidnap foreign citizens."[ citation needed ]
On October 10,2007,Morris D. Davis,the Chief Prosecutor for Office of Military Commissions at Guantanamo Bay,Cuba,resigned in protest,concluding that:
... full, fair and open trials were not possible under the current system. I resigned on that day because I felt that the system had become deeply politicized and that I could no longer do my job effectively or responsibly. [12]
Davis criticized Susan Crawford as a cause of the problems in the Military Commissions process, through her mixing of convening authority and prosecutor roles and her use of closed-door hearings, which he considered unnecessary. [12] Morris called for removal of the political appointees: Susan Crawford and William J. Haynes, and return of control to uniformed career military authorities in order to restore openness and fairness to the Military Commissions process.
On August 9, 2008, William Glaberson wrote in The New York Times about Crawford's role in the recent Hamdan conviction: [13]
|
In an interview with Bob Woodward published in The Washington Post on January 14, 2009, Crawford responded to questions about why she had not referred the case of Mohammed al Qahtani, the so-called "20th hijacker" of the September 11th attacks, to trial: [14]
We tortured Qahtani. His treatment met the legal definition of torture. And that's why I did not refer the case [for prosecution] .... The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent. . . . You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge [to call it torture].
Mohamed Jawad was a detainee whose case was referred to the civilian court system, which dropped the charges against him and recommended that he be repatriated. His military attorneys requested funds to travel to Afghanistan to help aid in his repatriation. Crawford declined to fund their travel, since charges against him had been dropped. Eric Montalvo chose to travel to Afghanistan at his own expense to aid Jawad.
Crawford retired in January 2010. [15] In March 2010, retired Admiral Bruce MacDonald, a career Navy officer, was named as the convening authority for military commissions. [16] [17]
Ahmed Ghailani is a Tanzanian conspirator of the al-Qaeda terrorist organization convicted for his role in the bombing of embassies in Kenya and Tanzania. He was indicted in the United States as a participant in the 1998 U.S. embassy bombings. He was on the FBI Most Wanted Terrorists list from its inception in October 2001. In 2004, he was captured and detained by Pakistani forces in a joint operation with the United States, and was held until June 9, 2009, at Guantanamo Bay detention camp; one of 14 Guantanamo detainees who had previously been held at secret locations abroad. According to The Washington Post, Ghailani told military officers he is contrite and claimed to be an exploited victim of al-Qaeda operatives.
Mohammed Mani Ahmad al-Qahtani is a Saudi citizen who was detained as an al-Qaeda operative for 20 years in the United States's Guantanamo Bay detention camps in Cuba. Qahtani allegedly tried to enter the United States to take part in the September 11 attacks as the 20th hijacker and was due to be onboard United Airlines Flight 93 along with the four other hijackers. He was refused entry due to suspicions that he was trying to illegally immigrate. He was later captured in Afghanistan in the Battle of Tora Bora in December 2001.
Mustafa Ahmed Adam al-Hawsawi is a Saudi Arabian citizen. He is alleged to have acted as a key financial facilitator for the September 11 attacks in the United States.
Salim Ahmed Salim 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.
Binyam Ahmed Mohamed, also referred to as Benjamin Mohammed, Benyam Mohammed or Benyam Mohammed al-Habashi, is an Ethiopian national and United Kingdom resident, who was detained as a suspected enemy combatant by the US Government in Guantanamo Bay prison between 2004 and 2009 without charges. He was arrested in Pakistan and transported first to Morocco under the US's extraordinary rendition program, where he claimed to have been interrogated under torture.
Fouzi Khalid Abdullah Al Odah is a Kuwaiti citizen formerly held in the United States Guantanamo Bay detainment camps, in Cuba. He had been detained without charge in Guantanamo Bay since 2002. He was a plaintiff in the ongoing case, Al Odah v. United States, which challenged his detention, along with that of fellow detainees. The case was widely acknowledged to be one of the most significant to be heard by the Supreme Court in the current term. The US Department of Defense reports that he was born in 1977, in Kuwait City, Kuwait.
Jabran Said bin Wazir al-Qahtani is a Saudi who was held in extrajudicial detention for almost fifteen years in the United States Guantanamo Bay detention camps, in Cuba. Joint Task Force Guantanamo analysts estimate he was born in 1977, in Tabuk, Saudi Arabia.
Ghassan Abdallah Ghazi al-Sharbi is a Saudi citizen who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 682.
Peter E. Brownback III is a retired military officer and lawyer. 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."
Abdul Zahir is a citizen of Afghanistan, who was 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 US 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.
The Guantanamo Bay detention camp, also known as GTMO, GITMO, or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in January 2002 by U.S. President George W. Bush to hold terrorism suspects and "illegal enemy combatants" during the Global War on Terrorism following the attacks of September 11, 2001. As of January 2025, at least 780 people from 48 countries have been detained at the camp since its creation, of whom 756 had been transferred elsewhere, 9 died in custody, and 15 remain.
Noor Uthman Muhammed is a citizen of Sudan who was confined in the United States Guantanamo Bay detention camp in Cuba where he also served a sentence for terrorism after being convicted by the Guantanamo military commission.
Abdullah Tabarak Ahmad is a citizen of Morocco, who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.
Ali Hamza Ahmad Suliman al-Bahlul is a Yemeni citizen who has been held as an enemy combatant since 2002 in the United States Guantanamo Bay detention camp. He boycotted the Guantanamo Military Commissions, arguing that there was no legal basis for the military tribunals to judge him.
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 Hartmann had led, Deputy Secretary of Defense Gordon England elevated 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.
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.
United States v. Khalid Sheikh Mohammed, et al. is the trial of five alleged al-Qaeda members for aiding the September 11, 2001 attacks. Charges were announced by Brigadier General Thomas W. Hartmann on February 11, 2008 at a press conference hosted by the Pentagon. The men charged are Khalid Sheikh Mohammed, Walid bin Attash, Ramzi bin al-Shibh, Ammar al-Baluchi, and Mustafa Ahmad al Hawsawi.
David Frakt is an American lawyer, law professor, and officer in the United States Air Force Reserve.
In United States military law, a convening authority is an individual with certain legal powers granted under either the Uniform Code of Military Justice or the Military Commissions Act of 2009.
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.
Qahtani was interrogated in isolation—sometimes for up to 20 hours at a time—across a 50-day period from November 2002 to January 2003, menaced with dogs, forced to wear a bra and left naked. Crawford retired in January and quietly left.
As convening authority, MacDonald—who replaces Susan Crawford, a Bush political appointee who retired two months ago—will have the responsibility to "refer" charges against Guantanamo terror suspects to trials after receiving recommendations from military prosecutors. Such "referrals"--the equivalent of indictments—have been on hold ever since last year when the White House ordered a halt to all military commission proceedings as part of its larger review about how to close Gitmo.
Since then, however, Congress has passed a new law—signed by Obama—aimed at making the proceedings fairer. And last week Gates named retired Adm. Bruce MacDonald, who helped craft the new law, as the "convening authority" to oversee the commissions.
{{cite news}}
: CS1 maint: bot: original URL status unknown (link)