Fred Borch

after it was alleged that Borch was trying to corrupt the commissions. [cite news
url=http://www.abc.net.au/news/newsitems/200508/s1426797.htm
title=Leaked emails claim Guantanamo trials rigged
publisher=Australian Broadcasting Corporation
author=Leigh Sales
date=2005-08-01
accessdate=2008-08-14
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.abc.net.au%2Fnews%2Fnewsitems%2F200508%2Fs1426797.htma&date=2008-08-14 mirror] ] [cite news
url=http://www.abc.net.au/news/newsitems/200508/s1428749.htm
title=Leaked emails claim Guantanamo trials rigged
publisher=Australian Broadcasting Corporation
author=Leigh Sales
date=2005-08-03
accessdate=2008-08-14
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.abc.net.au%2Fnews%2Fnewsitems%2F200508%2Fs1428749.htm+&date=2008-08-14 mirror] ] [cite news
url=http://www.npr.org/templates/story/story.php?storyId=1846734
title=Chief Guantanamo Prosecutor Departs
publisher=National Public Radio
author=
date=2004-04-22
accessdate=2008-08-14
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.npr.org%2Ftemplates%2Fstory%2Fstory.php%3FstoryId%3D1846734&date=2008-08-14 mirror] ]

Background

Borch received a B.A. in history from Davidson College in 1976, and was commissioned into the US Army. He studied law at the University of North Carolina for his J.D. degree, then at the University of Brussels for an LL.M. in International and Comparative Law (magna cum laude) in 1980. He afterwards entered active duty [cite news
url=http://www.defenselink.mil/news/May2003/d20030522borch.pdf
title=Biography: COLONEL FREDERIC L. BORCH III.
publisher=Department of Defense
author=
date=
accessdate=2008-08-14
quote=
format=PDF [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.defenselink.mil%2Fnews%2FMay2003%2Fd20030522borch.pdf&date=2008-08-14 mirror] ]

A legal assistant to Fort Benning's Army Infantry School and the 325th Infantry Regiment, Borch spent two years as a defence counsel at the Army's Trial Defence Service in Kaiserslautern, Germany.

In 1987, Borch enrolled for a year at the Judge Advocate General's school in Charlottesville, Virginia and received his degree in Military Law before being assigned to Fort Bragg's XVIII Airborne Corps, while also serving as a civilian assistant District Attorney for North Carolina

In 1990, Borch began a 3-year term as professor of Criminal Law at the JAG school, specialising in Fourth Amendment application. Following this position, he enrolled at the Command and General Staff College at Fort Leavenworth, which led to a job in the "Joint Service Committee for Military Justice" between the JAG office and the Pentagon - where he drafted legislation related to the Uniform Code of MilitaryJustice and proposed changes to the Manual for Courts-Martial.

Borch oversaw the successful 1997 prosecution of 13 drill sergeants accused of sexual misconduct at Aberdeen Proving Ground, and was consequently made Deputy Chief in the Army’s Government Appellate Division. The following year, he was made Staff Judge Advocate for Fort Gordon'sArmy Signal Center.

He attended the Naval War College in Newport, Rhode Island and graduated at the top of his class receiving his Masters degree in National Security Studies in 2001, before taking a position as a professor of International Law focusing on counter-terrorism.

Corruption of the Guantanamo hearings

On June 15 2005 Lieutenant Commander Charles Swift testified before the Senate Judiciary Committee that:cite web
url=http://judiciary.senate.gov/testimony.cfm?id=2416&wit_id=5510
title=Testimony of Lt. Commander Charles Swift, Office of Chief Defense Counsel, Office of Military Commissions, Department of Defense
date=September 25, 2006
publisher=United States Senate Judiciary Committee
author=Charles Swift
accessdate=April 23
accessyear=2007 [http://www.webcitation.org/query?url=http%3A%2F%2Fjudiciary.senate.gov%2Ftestimony.cfm%3Fid%3D2416%26wit_id%3D5510&date=2008-08-14 mirror] ]

Other prosecutors including Capt. John Carr and Maj. Robert Preston wrote that Borch told them that the presiding officers had been chosen because they would be sure to convict, and that all the evidence that suggested that the suspects were innocent would be given a secret security classification, so that defence teams would not learn of its existence. Borch denounced the two men, claiming they were "monstrous lies", but consequently resigned his commission [ cite news
url=http://www.wsws.org/articles/2005/aug2005/guan-a04.shtml
title=Military commissions' prosecutors charge: trials rigged against Guantánamo detainees
publisher=
author=
date=2005-08-05
accessdate=2008-08-14
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.wsws.org%2Farticles%2F2005%2Faug2005%2Fguan-a04.shtml&date=2008-08-14 mirror] ]

Following Borch's replacement both Peter Brownback, the commission's President, and Swann, his replacement, recommended the removal of other members of the commission. [cite news
url=http://www.usatoday.com/news/washington/2004-09-16-gitmo_x.htm
title=Officer in Guantanamo hearings urges dismissal of two panelists
publisher=USA Today
author=
date=2004-09-16
accessdate=2008-08-14
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2004-09-16-gitmo_x.htm&date=2008-08-14 mirror] ]
Air Force Lieutenant Colonel Timothy K. Toomey was an intelligence officer who was involved in capture of suspects in Afghanistan. Army Lieutenant Colonel Curt S. Cooper admitted calling Guantanamo prisoners "terrorists."

Later life

An article in the March 31 2007 issue of the Wall Street Journal noted that while Borch had resigned from the military, he continued to work for the Guantanamo prosecution teams as a civilian consultant.cite news
url=http://online.wsj.com/article_email/SB117529704337355155-lMyQjAxMDE3NzM1MTIzOTE3Wj.html
publisher=Wall Street Journal
date=March 31 2007
title=The Conscience of the Colonel
author=Jess Bravin
accessdate=2007-04-11 [http://www.webcitation.org/query?url=http%3A%2F%2Fonline.wsj.com%2Farticle_email%2FSB117529704337355155-lMyQjAxMDE3NzM1MTIzOTE3Wj.html&date=2008-08-14 mirror] ] cite web
url=http://pierretristam.com/Bobst/07/wf040107.htm
publisher=mirror of the Wall Street Journal article
date=March 31 2007
title=The Conscience of the Colonel
author=Jess Bravin
accessdate=April 11
accessyear=2007 [http://www.webcitation.org/query?url=http%3A%2F%2Fpierretristam.com%2FBobst%2F07%2Fwf040107.htm&date=2008-08-14 mirror] ]

He has had a number of works published by the military, including the 2001 "Judge Advocates in Combat: Army Lawyers in Military Operations from Vietnam to Haiti", the 2002 "The Silver Star: A History of America’s Third Highest Award for Valor", the 2003 "Judge Advocates in Vietnam, a history of Army lawyers in Southeast Asia from 1959 to 1975" and the 2005 "Kimmel, Short and Pearl Harbor: The Final Report Revealed".

In addition, he is an active contributor to the Orders and Medals Society of America journal [ [http://www.omsa.org/forums/oldjomsa.php The OMSA Forums [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.omsa.org%2Fforums%2Foldjomsa.php&date=2008-08-14 mirror] ] and the first-ever archive historian for the JAG office. [ [http://www.airforcetimes.com/story.php?f=1-292925-2274298.php Air Force News, pay & benefits, careers, entertainment, photos - Air Force Times HOME ] ] [ [https://www.jagcnet.army.mil/JAGCNETIntranet/JAGCStra.nsf/(JAGCNetDocID)/32D32ED862DFF68F852572F3004CDB08/$FILE/TJAG%20Sends%20Vol%2037-6%20(Mar%2006%20-%20JAGC%20History).pdf JAGCNet Log-In ] ]

ee also

*Robert Preston
*John Carr
*Carrie Wolf
*Morris Davis
*Stuart Couch
*Darrel Vandeveld

References

External links

* [http://www.nwc.navy.mil/cnws/ild/documents/Naval%20War%20College%20vol%20%2079.pdf International Law and the War on Terror] , a 2003 article co-authored by Borch. [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nwc.navy.mil%2Fcnws%2Fild%2Fdocuments%2FNaval%2520War%2520College%2520vol%2520%252079.pdf&date=2008-08-14 mirror]
*cite news
url=http://afls14.jag.af.mil/JAG_School/The%20Reporter/Vol%2031,%20No%201%20-%20Mar%202004.pdf
title=Military Commissions: The Chief Prosecutor’s View
publisher=The Reporter
author=Fred L. Borch III
date=March 2004
accessdate=2008-02-15
quote=
format=PDF