Thomas W. Hartmann

From Wikipedia, the free encyclopedia

Thomas W. Hartmann is an American lawyer and officer in the United States Air Force Reserve.

In July 2007 Brigadier General Hartmann was appointed the Legal Adviser to the Convening Authority in the Department of Defense Office of Military Commissions.^{[1] [2]} Hartmann reports to Susan Crawford, a retired judge, who is the Convening Authority.

[edit] Dispute with senior Guantanamo Prosecutor

Colonel Morris Davis, the Guantanamo military commission's senior prosecutor complained that Hartmann was overstepping his authority.^[1] He has issued a statement where he wrote:

"...for the good of the process.... If he believes in military commissions as strongly as I do then let's do the right thing and both of us walk away before we do more harm."

The Wall Street Journal reported that Davis and Hartmann had clashed over which captives should face charges.^[1] Its report states that Davis had refused to charge any more captives until the dispute was resolved. Its report also stated that William J. Haynes II, the Pentagon's Chief Counsel, had assigned the chief judge of the Army Court of Criminal Appeals, Brigadier General Butch Tate to conduct an inquiry into the dispute. Tate's report backed Hartmann.

The Wall Street Journal speculated as to two areas the two officers' dispute could be focussed around^[1]:

• the possibility of plea bargain negotiations with Salim Ahmed Hamdan, one of Osama bin Laden's drivers;
• Davis's preference to confine his charges to captives for whom there was unclassified evidence, so the trials could be open to the Press.

On Thursday November 8, 2007, before Guantanamo captive Omar Khadr's military commission, his military defense counsel, Lieutenant Commander William Keubler revealed that he had been informed just two days earlier about an eyewitness whose testimony could help clear Khadr.^[3] Major Jeff Groharing told reporters, in the courtroom, that Hartmann had ordered him not to talk about the case.

According to Jennifer Daskal, an attorney at Human Rights Watch^[4]:

“It is totally outrageous that the prosecution would try to push ahead with a hearing on whether or not Khadr was an unlawful enemy combatant, while all the time withholding from the defence potentially exculpatory information. Anyone who has ever gone to law school knows the fundamental legal and ethical rule: The prosecution cannot withhold exculpatory information from the defence.”

Captain Keith Allred, the Military Judge sitting as Salim Ahmed Hamdan's Military Commission, disqualified Hartmann from participating in Hamdan's prosecution.^[5] He ordered that Hartmann be replaced.

[edit] References

1. ^ ^{a b c d} Jess Bravin. "Dispute Stymies Guantanamo Terror Trials: Chief Prosecutor Claims Interference; Office Is in Disarray", Wall Street Journal, September 26, 2007, p. A4. Retrieved on 2007-09-26. 
2. ^ "BRIGADIER GENERAL THOMAS W. HARTMANN", United States Department of Defense. Retrieved on 2007-09-26. 
3. ^ Carol J. Williams. "Terror case could turn on eyewitness: Defense lawyers say they just became aware of a potentially helpful onlooker in a Canadian suspect's alleged attack on U.S. troops", Los Angeles Times, November 9, 2007. Retrieved on 2007-11-10. 
4. ^ Paul Koring. "Secret Khadr witness disclosed: Doubt cast on whether teen was 'unlawful' combatant, defence says", Globe and Mail, November 9, 2007. Retrieved on 2007-11-10. 
5. ^ Michael Melia. "Judge removes legal adviser from Guantanamo case", Associated Press, Saturday May 10, 2008. Retrieved on 2008-05-11. "'The decision makes clear that whatever other rights Mr. Hamdan may be due,' lawyer Andrea Prasow said, 'he is certainly entitled to be tried in a system in which no person seeks to influence, whether through command authority or otherwise, the independent judgment' of prosecutors and defense attorneys."