An Officer Speaks Up for the Defense (better late than never)

When I think about the guts it took for this man to stand up and do what he did, I get a lump in my throat. (Followed immediately by a feeling of revulsion that he didn’t speak up sooner, and that he had to wait for someone to ask.)

I bemoan the undermining of the Honor Code on a regular basis (regular readers can vouch for this). But before I give up and pull the covers over my head to have a good cry, I learn about something that gives me a glimmer of hope that all is not lost.

Lt. Colonel Abraham was an officer at the prison camp at Guantanamo Bay, Cuba. He served as a liaison between intelligence agencies and the military tribunals that determines the status of the detainees, and he sat in judgment as a member of a Combatant Status Review Tribunal (CSRT).

Lt. Col. Stephen Abraham, a 26-year veteran of military intelligence who is an Army reserve officer and a California lawyer, said military prosecutors were provided with only "generic" material that didn't hold up to the most basic legal challenges.

Despite repeated requests, intelligence agencies arbitrarily refused to provide specific information that could have helped either side in the tribunals, according to Abraham, who said he served as a main liaison between the Combat Status Review Tribunals and those intelligence agencies.

"What were purported to be specific statements of fact lacked even the most fundamental earmarks of objectively credible evidence," Abraham said in the affidavit, filed in a Washington appeals court on behalf of a Kuwaiti detainee, Fawzi al-Odah, who is challenging his classification as an "enemy combatant."

The Pentagon had no immediate comment, but a spokesman said Defense Department officials were preparing a response to the affidavit.

An attorney for al-Odah, David Cynamon, said Abraham "bravely" agreed to provide the affidavit when defense lawyers contacted him.

"It proves what we all suspected, which is that the CSRTs were a complete sham," Cynamon said.

Matthew J. MacLean, another al-Odah lawyer, said Abraham is the first member of a Combat Status Review Tribunal panel who has been identified, let alone been willing to criticize the tribunals in the public record.

"It wouldn't be quite right to say this is the most important piece of evidence that has come out of the CSRT process, because this is the only piece of evidence ever to come out of the CSRT process," MacLean said. "It's our only view into the CSRT."

Abraham said he first raised his concerns when he was on active duty with the Defense Department agency in charge of the tribunal process from September 2004 to March 2005 and felt the issues were not adequately addressed. He said he decided his only recourse was to submit the affidavit.

"I pointed out nothing less than facts, facts that can and should be fixed," he told The Associated Press in a telephone interview from his office in Newport Beach, Calif.

The 46-year-old lawyer, who remains in the reserves, said he believe he had a responsibility to point out that officers "did not have the proper tools" to determine whether a detainee was in fact an enemy combatant.

"I take very seriously my responsibility, my duties as a citizen," he said.

Cynamon said he fears the officer's military future could be in jeopardy. "For him to do this was a courageous thing but it's probably an assurance of career suicide," he said.

The military held Combatant Status Review Tribunals for 558 detainees at the U.S. Naval Base at Guantanamo Bay in 2004 and 2005, with handcuffed detainees appearing before panels made up of three officers. Detainees had a military "personal representative" instead of a defense attorney, and all but 38 were determined to be "enemy combatants."

Abraham was asked to serve on one of the panels, and he said its members felt strong pressure to find against the detainee, saying there was "intensive scrutiny" when they declared a prisoner not to be an enemy combatant. When his panel decided the detainee wasn't an "enemy combatant," they were ordered to reconvene to hear more evidence, he said.

Ultimately, his panel held its ground, and he was never asked to participate in another tribunal, he said.

Abraham was asked to serve on one of the panels, and he said its members felt strong pressure to find against the detainee, saying there was "intensive scrutiny" when they declared a prisoner not to be an enemy combatant. When his panel decided the detainee wasn't an "enemy combatant," they were ordered to reconvene to hear more evidence, he said.

Ultimately, his panel held its ground, and he was never asked to participate in another tribunal, he said.

I know a little bit about military culture, and while the Upright Citizen With An Unwavering Sense of Responsibility To Do The Right Thing is kinda miffed that it took him until a defense attorney asked to do the right thing – the military part of my makeup understands his inner struggle.

I understand the predicament he found himself in. It’s the predicament someone I love dearly was afraid he would find himself in when this resident was selected. So he resigned before serving this moronic war criminal for a single day.