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Guantánamo general banned from Khadr case

 
Force Brig. Gen. Thomas Hartmann, the legal adviser to the military tribunal system, left, testified on Capitol Hill in Washington, Dec. 11, 2007 that the Pentagon might put on trial for war crimes as many 90 detainees at Guantánamo, where today the prison camps house 285 enemy combatants. Deputy Assistant Attorney General Steven Engel is at right.
Force Brig. Gen. Thomas Hartmann, the legal adviser to the military tribunal system, left, testified on Capitol Hill in Washington, Dec. 11, 2007 that the Pentagon might put on trial for war crimes as many 90 detainees at Guantánamo, where today the prison camps house 285 enemy combatants. Deputy Assistant Attorney General Steven Engel is at right.
MANDEL NGAN / AFP/GETTY IMAGES

crosenberg@MiamiHerald.com

A military judge in the case of a Canadian captive at Guantánamo on Thursday again banned a general at the Pentagon from acting as a legal advisor because of a perception that he favors the prosecution.

In his ruling, Army Col. Patrick J. Parrish did not stop the Oct. 8 terror trial of Omar Khadr, 22. Khadr, who was captured at age 15, allegedly threw a grenade that killed a U.S. commando during a 2002 firefight in Afghanistan.

But the judge said Air Force Brig. Gen. Thomas W. Hartmann appears to have lost his neutrality in his role as the Pentagon's legal advisor to military commissions.

Parish becomes the third judge to disqualify Hartmann from a role at the trials. He still has legal advisor status in 14 other cases, although defense lawyers have filed other so-called ''unlawful influence'' motions seeking his disqualification in several others.

Hartmann took charge of the system a little over a year ago and has emerged a relentless, aggressive champion who has said his behavior was necessary to kick-start a sputtering legal system.

But another Guantánamo general, Army Brig. Gen. Gregory Zanetti, testified that Hartmann was ''abusive, bullying and unprofessional'' in a ''spray and pray'' strategy to stage the tribunals in a crude compound called Camp Justice.

Khadr's Navy defense lawyer, Lt. Cmdr. William Kuebler, said the ruling offered ''token relief.'' He noted that Hartmann's Pentagon headquarters have already refused to fund a mental health expert, notably a child psychologist, to assist in the Canadian's defense.

''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,'' Kuebler said. ``No American could be tried in such a system.''

A Navy judge had earlier banned Hartmann from the July trial of Osama bin Laden's driver, Salim Hamdan, for an appearance of bias on behalf of the prosecution. A military jury convicted Hamdan of supporting terror but spurned a Pentagon request for a 30-year sentence. It said Hamdan could go free Jan. 1.

Hartmann is also banned from oversight in the trial of Mohammed Jawad. That judge, Army Col. Steve Henley, ordered a Pentagon review of the charges because of testimony that Hartmann withheld information in recommending the charges.

At issue is the legal advisor's dual role -- at times supervising prosecutors, at times analyzing legal arguments.

''His active approach to his supervisory responsibilities of the prosecutors in this case has created the appearance that he will be unable to remain neutral and impartial . . . during the post-trial process of the accused's case,'' Parrish wrote.

If there is a conviction, a senior Pentagon official can overturn it or reduce any sentence based on a legal advisor's analysis.

The case of the Toronto-born Khadr has gained some international notoriety because the boy trained in Bin Laden's al Qaeda camps and grew up around radical Muslim movements. His now dead Egyptian-born, Canadian immigrant father was an alleged al Qaeda fundraiser.

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