Peter Brownback
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Peter E. Brownback III is a retired military officer and lawyer. He was appointed in 2004 by
general A general officer is an Officer (armed forces), officer of highest military ranks, high rank in the army, armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers t ...
John D. Altenburg John D. Altenburg Jr. (born June 10, 1944) is a lawyer for the U.S. Army and a retired major general. In December 2003,
as a Presiding Officer on the
Guantanamo military commissions ThGuantanamo military commissionswere established by President George W. Bush – through a Military Order – on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of e ...
. The
Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
reported: "...that Brownback and Altenburg have known each other since 1977, that Brownback's wife worked for Altenburg, and that Altenburg hosted Brownback's retirement party in 1999." Brownback is also a combat veteran who served two tours in Vietnam, the first as part of the 173rd Brigade and later as a member of the US Special Forces. He was the honour graduate of his special forces course that he completed in 1972. Defense attorneys challenged the bias of five of the six presiding officers at the Guantanamo military tribunal, including Brownback. Altenburg removed three officers but retained Brownback. He was the only officer appointed to the first commission who had any legal training.


Dismissed charges against Omar Khadr

In the Summer of 2006 the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
overturned the then current version of the Guantanamo military commission on constitutional grounds. The Supreme Court had ruled that, under the separation of powers, the Bush Presidency lacked the constitutional authority to institute military commissions. The Supreme Court however, did rule that the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
did have the constitutional authority to legislate such military commissions. In the fall of 2006 the Congress passed the Military Commissions Act, which authorized military commissions similar to those the Supreme Court overturned, to try "
unlawful enemy combatant An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The Internati ...
s". Brownback and Captain Keith J. Allred, ruled that, since Khadr and
Salim Ahmed Hamdan Salim Ahmed Hamdan () (born February 25, 1968) is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November ...
's
Combatant Status Review Tribunal The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were esta ...
s had not determined that they were "unlawful enemy combatants", but merely "
enemy combatant Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
s", the commissions lacked jurisdiction to try them. On June 4, 2007, in a move the ''
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
'' described as a "stunning blow" to the Bush Presidency's detainee policy, Brownback dismissed all charges against
Canadian Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
youth
Omar Khadr Omar Ahmed Said Khadr ( ar, عمر أحمد سعيد خضر; born September 19, 1986) is a Canadian citizen who at the age of 15 was detained by the United States at Guantanamo Bay for ten years, during which he pleaded guilty to the murder of U ...
. By June 2007, none of the
Guantanamo captive The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s had had a "
competent tribunal Competent Tribunal is a term used in Article 5 paragraph 2 of the Third Geneva Convention, which states: ICRC commentary on competent tribunals The International Committee of the Red Cross (ICRC) commentary on Article 5 of the Third Geneva Con ...
", such as the AR-190-8 Tribunal, determine whether they broke any of the laws of war that would result in stripping them of the protections of
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
Prisoner of War A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of wa ...
status.


November 2007 Guantanamo Military Commission hearings

An appeal court determined that the Presidents of Military Commissions had the authority to determine whether the captives were lawful combatants. Brownback reconvened Khadr's proceedings on Thursday, November 8, 2007. Before Brownback determined whether Khadr was an unlawful combatant, lawyers were allowed to challenge the official as to whether he was an appropriate person to sit as Khadr's judge. Brownback postponed ruling on Khadr's combatant status, giving attorneys more time for preparation. The next two sessions were scheduled for December 7, 2007 and January 13, 2008.


Replaced

Brownback chastised the prosecution telling them "they had to provide Khadr's defence lawyers with records of his confinement at the detention camp in Guantanamo Bay, Cuba, or he would suspend the proceedings." On May 29, 2008 the military suddenly announced that a new officer was appointed to replace Brownback as judge in the Khadr case. Reuters noted that "The dismissal came on the same day that Pentagon prosecutors filed new charges against three other Guantanamo prisoners and defense lawyers accused the prosecutors of trying to rush cases to trial before the November U.S. presidential election."


References

{{DEFAULTSORT:Brownback, Peter Living people Year of birth missing (living people) Guantanamo Military Commission members United States Army colonels United States Army personnel of the Vietnam War