Thursday, September 25, 2008

"his superiors did not agree with his recommendations"

Here's an LA Times story that's simultaneously heartening and not. Another military lawyer is quitting because of his reservations about the way the war-crimes tribunals are working. As the story says, "Several prosecutors have quit or asked to be reassigned in protest, including Air Force Col. Morris Davis, the former chief prosecutor for the military commissions."

Now, another one has:
Lt. Col. Darrel Vandeveld [has] quit the case -- and the Office of Military Commissions -- after growing increasingly concerned about the lack of due process afforded to Mohammed Jawad and his legal team. ...Both defense lawyers said Vandeveld had spelled out his allegations in the sealed affidavit. Vandeveld said in his declaration that prosecutors knew Jawad may have been drugged before the attack and that the Afghan Interior Ministry said two other men had confessed to the same crime.
Of course, his bosses disagree:
Army Col. Lawrence J. Morris [lead prosecutor for the military commissions] said Vandeveld told him he was quitting for personal reasons, and he would not discuss whether his office had rejected any proposed plea deal for Jawad.

He described Vandeveld as a disgruntled prosecutor "who was disappointed that his superiors did not agree with his recommendations in the case." "There are no grounds for his ethical qualms," Morris said.
Yeah. He's just a malcontent, disgruntled because his superiors did not agree to, you know, uphold the Constitution.

This is probably the most important sentence in the whole article:
In his declaration, Vandeveld said military prosecutors routinely withhold exculpatory evidence from the defense in terrorism cases.
This needs investigation.

An update 26 Sep: The Washington Post has details, including this excerpt from his declaration:

"My ethical qualms about continuing to serve as a prosecutor relate primarily to the procedures for affording defense counsel discovery," wrote Vandeveld in his filing. "I am highly concerned, to the point that I believe I can no longer serve as a prosecutor at the Commissions, about the slipshod, uncertain 'procedure' for affording defense counsel discovery."

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