Judge bars top official from Gitmo post-trial""There is no evidence that B.G. Hartmann improperly influenced any action by any prosecutor in the processing of the accused's case," Parrish wrote in the ruling.
Khadr's military lawyer, Navy Lt. Cmdr. William Kuebler, who had filed a motion to dismiss charges against his client based on allegations that Hartmann applied excessive interference in the prosecution of cases at Guantanamo, criticized Parrish's "token relief."
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This is a fine example of the military commission process at work," Kuebler said in a Thursday statement. "
The judge issues a ruling appearing to give the defense a victory, but the practical effect is to let an officer whom even the judge recognizes as biased continue to be involved in the case until the government gets its coveted conviction."
Former detainee czar urges war court shake-up"In the latest ruling, an Army judge said Thursday that the terror murder trial of Canadian captive Omar Khadr, 22, can go forward on Oct. 8. But, should there be a conviction, the legal adviser, Air Force Brig. Gen. Thomas Hartmann, would be disqualified from reviewing it because of an appearance of pro-prosecution bias.
“We cannot speculate,” DellaVedova added on what other war court judges might do about Hartmann’s three disqualifications because, under military commissions law, one military judge’s finding is not precedent in another case.
But down the road, Stimson said, in either a John McCain or Barack Obama administration, there will still likely be military trials of Guantanamo detainees and the structural problem should be repaired.
McCain’s campaign has said the former Vietnam POW would keep military commissions, the post 9-11 war crimes tribunals but does not feel bound to stage them at the remote U.S. Navy base at Guantanamo Bay, Cuba. Obama’s team has advocated traditional trials in federal court and by military court martial."
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