The chief judge of the military commissions trying “war on terror” detainees denied on Monday that he had replaced a military judge because of decisions he had made in the case of a Canadian detainee.
Marine Corps Colonel Ralph Kohlmann, the chief judge, said US Army Colonel Peter Brownback was replaced in the case of Omar Khadr because the army had decided not to extend the judge’s active duty status beyond June 29.
“The change of military judge in US vs Khadr was made by me solely because Colonel Brownback would not be on active duty to try the case to completion,” Kohlmann said in a statement.
“My detailing of another judge was completely unrelated to any actions that Colonel Brownback has taken in this or any other case,” he said.
Khadr’s military defense lawyer, Lieutenant Commander William Kuebler, said Kolhmann’s explanation was “odd to say the least.”
He said Deputy Defense Secretary Gordon England had declared the military commissions a “national priority” and called on navy judge advocates to volunteer for them.
“Moreover, Colonel Kohlmann’s e-mail statement fails to indicate why it was necessary to relieve Colonel Brownback now, rather than allowing him rule on outstanding disclosure and other legal issues, currently set to be argued at a Guantanamo Bay hearing this month,” Kuebler said.
Kuebler said last week that Kohlmann’s action was “disturbing” because it came amid a struggle in which Brownback threatened to delay trial until the prosecution produced evidence demanded by the defense.
Kohlmann gave no explanation when he informed lawyers last Thursday in a brief e-mail that he had detailed army Colonel Patrick Parrish to replace Brownback.
In Monday’s statement, Kohlmann said he had decided “a short comment” was in order because Brownback’s removal had “generated discussion about the independence of the judiciary.”
Kohlmann said he asked the army late last year to extend Brownback in active duty for another year, but in February the army decided against it, which meant that Brownback would be given retired status on June 29.
He said he and Brownback had had a full discussion about when the best time would be to hand over the case to another judge, if it became clear that it would not be resolved before June 29.
“We ultimately determined that the best time to make the change would be after completion of what are referred to as the ‘law motions,’ but before litigation of what are referred to as the ‘evidentiary motions,’” he said. “That point was reached in late May 2008, after Colonel Brownback had issued his ruling on the last of the pending law motions, and the trial start date had been continued such that the trial would not be completed before 29 June 2008.”
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