David M. Brahms
Encyclopedia
David M. Brahms is a retired Brigadier General
who served in the United States Marine Corps
.
graduate (B.A. Psychology), had taken a Platoon Leaders Course, while a student at Harvard Law School
, and was commissioned as a Second Lieutenant in 1961.
Brahms graduated from Harvard Law School in 1962.
He completed Basic Officer training, and training in military law in 1963, and then served as a military lawyer in the 2nd Marine Division from November 1963 to June 1965, during which time he served in the Dominican Republic during an incursion there.
By 1969, he had been promoted to major
and was sent to serve with the 1st Marine Aircraft Wing
in Da Nang
, Vietnam
.
In 1976 and 1977 he attended the National Law Center George Washington University
, where he studied law psychiatry and criminology
, and was promoted to Lieutenant Colonel
.
Brahms was promoted to Brigadier General in 1985, prior to serving as Director, Judge Advocate
Division, for the final three years of his active military career. In 1988 he retired from active military service.
Brahms served as a technical consultant for the Hollywood movie A Few Good Men
.
to recuse himself from considering Hamdan v. Rumsfeld
.
On March 27, 2006 comments Scalia had made on the Guantanamo detainees and whether they were entitled to the protections of the Geneva Conventions
were widely republished.
The officers felt that Scalia's comments showed he had already prejudged the merits of Hamdan's case before hearing the arguments in court.
The Washington Post observed that, while a Justice was required to recuse himself or herself when they had a conflict of interest, the decision as to whether recusal was necessary was left to the discretion of the Justice in question.
Brigadier general (United States)
A brigadier general in the United States Army, Air Force, and Marine Corps, is a one-star general officer, with the pay grade of O-7. Brigadier general ranks above a colonel and below major general. Brigadier general is equivalent to the rank of rear admiral in the other uniformed...
who served in the United States Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
.
Military career
Brahms, a 1959 Harvard CollegeHarvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...
graduate (B.A. Psychology), had taken a Platoon Leaders Course, while a student at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, and was commissioned as a Second Lieutenant in 1961.
Brahms graduated from Harvard Law School in 1962.
He completed Basic Officer training, and training in military law in 1963, and then served as a military lawyer in the 2nd Marine Division from November 1963 to June 1965, during which time he served in the Dominican Republic during an incursion there.
By 1969, he had been promoted to major
Major (United States)
In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel...
and was sent to serve with the 1st Marine Aircraft Wing
1st Marine Aircraft Wing
The 1st Marine Aircraft Wing is an aviation unit of the United States Marine Corps that serves as the Aviation Combat Element of the III Marine Expeditionary Force. The wing is headquartered at Camp Foster on the island of Okinawa, Japan...
in Da Nang
Da Nang
Đà Nẵng , occasionally Danang, is a major port city in the South Central Coast of Vietnam, on the coast of the South China Sea at the mouth of the Han River. It is the commercial and educational center of Central Vietnam; its well-sheltered, easily accessible port and its location on the path of...
, Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
.
In 1976 and 1977 he attended the National Law Center George Washington University
George Washington University
The George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States...
, where he studied law psychiatry and criminology
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
, and was promoted to Lieutenant Colonel
Lieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...
.
Brahms was promoted to Brigadier General in 1985, prior to serving as Director, Judge Advocate
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
Division, for the final three years of his active military career. In 1988 he retired from active military service.
Awards
| Legion of Merit Legion of Merit The Legion of Merit is a military decoration of the United States armed forces that is awarded for exceptionally meritorious conduct in the performance of outstanding services and achievements... |
Bronze Star Bronze Star Medal The Bronze Star Medal is a United States Armed Forces individual military decoration that may be awarded for bravery, acts of merit, or meritorious service. As a medal it is awarded for merit, and with the "V" for valor device it is awarded for heroism. It is the fourth-highest combat award of the... w/ V device |
||
| Navy & Marine Corps Commendation Medal Commendation Medal The Commendation Medal is a mid-level United States military decoration which is presented for sustained acts of heroism or meritorious service. For valorous actions in direct contact with an enemy force, but of a lesser degree than required for the award of the Bronze Star, the Valor device may... |
Navy Unit Commendation Navy Unit Commendation The Navy Unit Commendation of the United States Navy is an award that was established by order of the Secretary of the Navy James Forrestal on 18 December 1944... |
National Defense Service Medal National Defense Service Medal The National Defense Service Medal is a military service medal of the United States military originally commissioned by President Dwight D. Eisenhower... |
Vietnam Service Medal Vietnam Service Medal The Vietnam Service Medal is a military award which was created in 1965 by order of President Lyndon B. Johnson. The distinctive design was the creation of sculptor Thomas Hudson Jones, a former employee of the Army Institute of Heraldry. The medal is issued to recognize military service during... w/ 3 service star Service star A service star, also referred to as a battle star, campaign star, or engagement star, is an attachment to a United States military decoration which denotes participation in military campaigns or multiple bestowals of the same award. Service stars are typically issued for campaign medals, service... s |
| Navy Sea Service Deployment Ribbon Sea Service Ribbon A Sea Service Ribbon is an award of the United States Navy, United States Coast Guard and the United States Army which recognizes those service members who have performed military duty while stationed on a vessel at sea.... |
Vietnam Gallantry Cross unit citation Vietnam Gallantry Cross The Vietnam Gallantry Cross was a military decoration of South Vietnam which wasestablished in August 1950. Also known as the Vietnamese Cross of Gallantry, the Gallantry Cross was awarded to any military personnel who have accomplished deeds of valor or displayed heroic conduct while fighting an... |
Vietnam Civil Actions unit citation Vietnam Civil Actions Medal The Vietnam Civil Actions Medal was a decoration of South Vietnam which was first established in 1964. The decoration is a mid-level service award which was awarded to any member of the Vietnamese military who performed outstanding civic service to the state or who participated in civil service... |
Vietnam Campaign Medal Vietnam Campaign Medal The Vietnam Campaign Medal is a military recognition awarded by the Republic of Vietnam, , to any member of the United States, Australian, New Zealand and allied military forces serving six months or more in support of Republic of Vietnam military operations.Established in 1966, the decoration is... |
Post-military career
Since his retirement from the Marine Corps, Brahms has been in private practice of law in Carlsbad California. Brahms is also on the board of directors of the Judge Advocates Association.Brahms served as a technical consultant for the Hollywood movie A Few Good Men
A Few Good Men (film)
A Few Good Men is a 1992 drama film directed by Rob Reiner and starring Tom Cruise, Jack Nicholson, and Demi Moore. It was adapted for the screen by Aaron Sorkin from his play of the same name. A courtroom drama, the film revolves around the trial of two U.S...
.
Open letter to President Bush of September 7, 2004
On September 7, 2004 Brahms and seven other retired officers wrote an open letter to President Bush expressing their concern over the number of allegations of abuse of prisoners in U.S. military custody. In it they wrote:- "We urge you to commit – immediately and publicly – to support the creation of a comprehensive, independent commission to investigate and report on the truth about all of these allegations, and to chart a course for how practices that violate the law should be addressed."
Scalia recusal
On March 28, 2006 Brahms, and five other retired officers, called on US Supreme Court Justice Antonin ScaliaAntonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
to recuse himself from considering Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
.
On March 27, 2006 comments Scalia had made on the Guantanamo detainees and whether they were entitled to the protections of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
were widely republished.
The officers felt that Scalia's comments showed he had already prejudged the merits of Hamdan's case before hearing the arguments in court.
The Washington Post observed that, while a Justice was required to recuse himself or herself when they had a conflict of interest, the decision as to whether recusal was necessary was left to the discretion of the Justice in question.
Representation in Haditha Incident
Mr. Brahms is currently representing one of the seven Marines accused of a war crime in the Iraqi city of Haditha. Brahms has argued that the conditions his client has been held in are subpar to even Saddam Hussein's prison conditions in Iraq, and likened the situation to that of a federal Supermax prison facility.See also
- James P. CullenJames P. CullenJames P. Cullen is a retired Brigadier General in the United States Army who served in the Judge Advocate General's Corps.-Open letter to President Bush of September 7, 2004:...
- John L. Fugh
- Robert GardRobert GardLieutenant General Robert G. Gard, Jr. is the Senior Military Fellow at the Center for Arms Control and Non-Proliferation where his work focuses on nuclear nonproliferation, missile defense, Iraq, Iran, military policy, nuclear terrorism, and other national security issues.-History:Gard was...
- Lee F. GunnLee F. GunnLee F. Gunn is a retired Vice Admiral and former Naval Inspector General of the United States Navy.-Education and Family:...
- Donald J. Guter
- Joseph Hoar
- John D. Hutson
- Richard O'MearaRichard O'MearaRichard O'Meara is a retired Brigadier General in the United States Army.O'Meara is a combat veteran of the War in Vietnam. Following his Vietnam service, he earned a law degree and joined the Judge Advocate General's Corps, U.S. Army. He retired from the United States Army Reserves in 2002, after...