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A hearing is held for Guantanamo detainee Salim Ahmed Hamdan, who is being accused of being a member of al-Qaeda, conspiring to commit acts of terrorism, and destruction of property. The five-member military commission—the first to conduct a trial since World War II—is presided over by Army Col. Peter Brownback, who, according to the Pentagon, has 22 years of experience as a judge advocate and almost 10 as a military judge. (BBC 6/29/2004; Hendren 8/25/2004) Hamdan’s military lawyer, Navy Lt. Cmdr. Charles Swift, begins his argument with an attack on Brownback’s qualification to practice law. He calls attention to the fact that Bownback, a retired military judge, is not a current member of the bar in his home state of Virginia. He also alleges that the judge’s office had inappropriate out-of-court discussions with the Office of Military Commissions, and that Brownback had said in a meeting with defense lawyers that a speedy trial was “not an issue here.” Though Brownback denies making the comment, Swift produces a recording of the conversation. But Bownback isn’t the only one put on trial by Swift. He also targets three members of the commission and an alternate member. Swift argues that three have “extensive backgrounds” in dealing with operations in Afghanistan, the treatment of detainees, and military intelligence, and therefore are not in a position to pass an unbiased judgment on the defendant. The alternate member, Lt. Col. Curt S. Cooper, Swift demonstrates, knows little about international law. When asked, “Do you know what the Geneva Convention is, sir?” Cooper replies: “Not specifically. No, Sir. And that’s being honest.” But, he adds, he knows that the Convention consists of three articles. But as Swift points out, that is wrong. “Actually, there are six, Sir,” Swift says, correcting him. Air Force Col. Christopher C. Bogden is the only commission member not challenged by Swift. (Hendren 8/25/2004; Lewis 8/25/2004) In addition to his attacks on the commission members, Swift challenges the merits of the charges against his client. For example he argues that Hamden was denied a speedy trial and that the laws he has been accused of violating were written after the alleged offense.
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