Peter Brownback

Infobox Military Person
name = Peter C. Brownback III


caption =
born =
died =
placeofbirth =
placeofdeath =
placeofburial=
nickname =
allegiance = United States of America
branch = United States Army
serviceyears =
rank = Colonel
unit = 173rd Brigade
commands =
battles = Vietnam War
awards =
relations =
laterwork = Presiding Officer Lawyer

Peter C. Brownback III is a retired military officer and lawyer.cite news
url=http://www.usatoday.com/news/washington/2004-08-23-gitmo-hearings_x.htm
title=Guantanamo hearings start today
publisher=USA Today
date=August 24 2004
author=Toni Locy
accessdate=2007-06-07] He was appointed to be a Presiding Officer on the Guantanamo military commissions, by retired General John D. Altenburg. .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.The Washington Post 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."cite news
url=http://www.washingtonpost.com/ac2/wp-dyn/A24538-2004Sep15?language=printer
title=Presiding Officer At Guantanamo Faces Questions
publisher=Washington Post
date=September 16 2004
author=John Mintz
accessdate=2007-06-07]

Defense attorneys challenged the bias of five of the six presiding officers, including Brownback.cite news
url=http://www.usatoday.com/news/nation/2004-10-21-gitmo-panelists_x.htm Three Guantanamo panelists
title=dismissed over bias allegations
publisher=USA Today
date=August 21 2004
accessdate=2007-06-07] Three officers were removed by Altenburg, but Brownback was allowed to remain. Brownback was the only officer appointed to the first commission who had any legal training.

Dismissed charges against Omar Khadr

On June 4 2007, in a move the "BBC" described as a "stunning blow" to the Bush Presidency's detainee policy, Brownback dismissed all charges against Canadian youth Omar Khadr.cite news
url=http://www.defenselink.mil/news/newsarticle.aspx?id=46281
title=Charges Dismissed Against Canadian at Guantanamo
author=Sergeant Sara Wood
publisher=Department of Defense
date=June 4 2007
accessdate=2007-06-07]

In the Summer of 2006 the United States Supreme Court overturned the then current version of the Guantanamo military commission on constitutional grounds. The Supreme Court had ruled that the Bush Presidency lacked the constitutional authority to institute military commissions. The Supreme Court however, did rule that the United States Congress did have the constitutional authority to set up 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 combatants".

However, Brownback and Captain Keith J. Allred, ruled that since Khadr and Salim Ahmed Hamdan's Combatant Status Review Tribunals had not determined that they were "unlawful enemy combatants", but merely "enemy combatants", the commissions lacked jurisdiction to try them.cite news
url=http://www.defenselink.mil/news/newsarticle.aspx?id=46288
title=Judge Dismisses Charges Against Second Guantanamo Detainee
author=Sergeant Sara Wood
publisher=Department of Defense
date=June 4 2007
accessdate=2007-06-07]

None of the remaining Guantanamo captives have had a "competent tribunal", like the AR-190-8 Tribunal, make a determination as to whether they broke any of the laws of war that would strip them of the protections of Geneva Conventions Prisoner of War status.

November 2007 Guantanamo Military Commission hearings

An appeal court determined that the Presidents of Military Commissions themselves had the authority to determine whether the captives were lawful combatants.cite news
url=http://africa.reuters.com/world/news/usnN08228199.html
title=Guantanamo judge says he took "heat" from Pentagon
publisher=Reuters
author=Jane Sutton
date=Thursday November 8 2007
accessdate=2007-11-08] cite news
url=http://afp.google.com/article/ALeqM5hSnhIKDk4rmaMKFST9yG6SskIbmw
title=Trial of Canadian Guantanamo detainee gets go-ahead
publisher=Armed Forces Press
date=Thursday November 8 2007
accessdate=2007-11-08] Brownback reconvened Khadr's proceedings on Thursday November 8 2007. Before Brownback made his determination as to whether Khadr was an unlawful combatant lawyers were allowed to challenge Brownback over whether he was an appropriate person to sit as Khadr's judge.When one of Khadr's lawyers had asked his whether he had said he had"taken a lot of heat" for his June ruling he acknowledged he had. But he ruled that he was sufficiently independent to serve as a neutral judge.

Brownback postponed making a ruling on whether Khadr was a lawful or unlawful combatant, giving attorneys more time for preparation.cite news
url=http://www.pr-inside.com/guantanamo-judge-postpones-question-of-r291337.htm
title=Guantanamo judge postpones question of trial eligibility for Canadian detainee
publisher=PR Inside
date=Thursday November 8 2007
accessdate=2007-11-18] The next two sessions were scheduled for December 7 2007 and January 13 2008.

Replaced

On May 29 2008 a new officer was appointed to replace Brownback.cite news
url=http://ca.reuters.com/article/domesticNews/idCANASU5290220080530?sp=true
title=Guantanamo judge dismissed in Canadian's case
publisher=Reuters
author=Jane Sutton
date=May 29 2008
accessdate=2008-05-29
quote=] cite news
url=http://www.miamiherald.com/news/world/AP/story/551526.html
title=Gitmo judge removed from Canadian's case
publisher=Miami Herald
author=Michael Melia
date=May 29 2008
accessdate=2008-05-29
quote=] cite news
url=http://www.theglobeandmail.com/servlet/story/RTGAM.20080529.wkhadr0529/BNStory/National/?page=rss&id=RTGAM.20080529.wkhadr0529
title=Khadr judge at Guantanamo Bay relieved of duties
publisher=Globe and Mail
author=Omar El Akkad
date=May 29, 2008
accessdate=2008-05-29
quote=] cite news
url=http://www.nationalpost.com/news/world/story.html?id=549763
title=Pentagon fires Khadr judge: Col. Peter Brownback replaced after chastising prosecution
publisher=National Post
author=Steven Edwards
date=May 29 2008
accessdate=2008-05-29
quote=] cite news
url=http://www.kansascity.com/451/story/641581.html
title=Gitmo judge removed from Canadian's case
publisher=Kansas City Star
author=Michael Melia
date=May 29 2008
accessdate=2008-05-29
quote=] cite news
url=http://africa.reuters.com/wire/news/usnNASU52902.html
title=Guantanamo judge dismissed in Canadian's case
publisher=Reuters
date=May 29 2008
accessdate=2008-05-29
quote=] cite news
url=http://www.cbc.ca/world/story/2008/05/29/judge-khadr.html
title=Khadr judge fired, says his military lawyer
publisher=CBC News
date=Thursday, May 29, 2008
accessdate=2008-05-29
quote=] cite news
url=http://canadianpress.google.com/article/ALeqM5gMFtTJrQcHknWUFeUfvS9Lo9_7zA
title=U.S. military dumps judge in Khadr terrorism case in surprise move
publisher=Canadian Press
date=May 29 2008
accessdate=2008-05-29
quote=]

References