GUANTANAMO

9/11 judge has handled tough cases before

 

The judge presiding over the trial of the five men accused of orchestrating the 9/11 attacks is a no-nonsense jurist who takes on the toughest cases himself.

 
U.S. Army military judge Col. James L. Pohl arrives for a pretrial hearing for U.S. Army Pfc. Lynndie England at Fort Hood, Texas, Thursday, July 7,  2005.
U.S. Army military judge Col. James L. Pohl arrives for a pretrial hearing for U.S. Army Pfc. Lynndie England at Fort Hood, Texas, Thursday, July 7, 2005.
LM OTERO / ASSOCIATED PRESS

crosenberg@miamiherald.com

When President George W. Bush proposed razing Iraq’s Abu Ghraib prison in 2004, this American Army judge declared it a crime scene and forbade its demolition. When five years later President Barack Obama asked the Guantánamo war court to freeze all proceedings, the same judge refused the brand-new commander-in-chief’s request.

He’s Col. James L. Pohl, who has appointed himself to preside at the war crimes trial of the five men accused of orchestrating the Sept. 11 attacks.

It’s not that Pohl is unaware of rank after three decades in the Army. It’s simply not relevant in this colonel’s court.

Here’s how he scolded a prosecutor when the prison commander, an admiral, was late for court to testify after lunch recess in January: “Witnesses should be waiting either in the trailer at the back or outside,” the judge bristled, “and I really don’t care what their rank is.”

A soldier since the ’80s and a judge since 2000, Pohl has had judicial oversight of some of the most notorious Army cases of the post-Sept. 11 era.

•  He presided at the trials of nine soldiers found guilty of abusing detainees at the Abu Ghraib prison in Iraq.

•  He decided that U.S. Army psychiatrist Maj. Nidal Hassan should get a death-penalty trial for the 2009 shooting spree that killed 13 soldiers and wounded dozens more at Fort Hood, Texas.

•  In September, however, he found the opposite at a show-cause hearing for Army Sgt. John Russell. Unlike Hassan, Pohl ruled, Russell had “an undisputed mental disease or defect” that made it “inappropriate” to pursue a capital case for allegedly killing five troops at the combat stress center at Iraq’s Camp Liberty in May 2009.

•  Pohl also presided at the so-called “mercy killing” trial of an Army captain, a tank commander, who killed a critically wounded insurgent in May 2004, and was captured on an aerial drone’s videocam doing it.

Now, at a moment when most 60-year-old colonels are retiring from service, Pohl is chief military commissions judge, and has chosen to take on two of the most high-profile trials of his career: the 9/11 trial, and the trial of a man who allegedly engineered al Qaida’s 2000 USS Cole bombing.

Each case seeks the death penalty. Each is to be heard by a military commission, the tribunals that Bush had created after Sept. 11 and Obama ordered reformed upon taking office.

Saturday, Pohl will face off for the first time with Khalid Sheik Mohammed, who bragged that he masterminded 9/11 for al Qaida — wading into the case that’s been a lightning rod for criticism that the court was created to cover up torture.

Serious about the law, but not himself

“All judges should be like him,” says Indiana Supreme Court Justice Steve David, a retired Army colonel.

Pohl “takes what he does very seriously but not himself. He is fair and firm with a great sense of humor and a keen mind. If I were prosecuting or defending, he would be a great choice for judge.”

He’s by far the most experienced military judge currently in the Army, adds retired Marine Lt. Col. Guy Womack, a veteran military defender of Pohl courts martial from the Green Zone in Iraq, Germany and the United States, notably the Abu Ghraib case.

There, Pohl caused a mini-stir by refusing a guilty plea by Pfc. Lynndie England, the soldier photographed with a detainee on a leash. At her hearing, another soldier testified that England was ordered to pose for that picture, casting doubt on her admission of conspiracy. Pohl ordered a trial. She was found guilty.

Read more Guantánamo stories from the Miami Herald

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category