Peter Brownback
Encyclopedia
Peter E. Brownback III is a retired military officer and lawyer.
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."
Defense attorneys challenged the bias of five of the six presiding officers, including Brownback.
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.
described as a "stunning blow" to the Bush Presidency's detainee policy, Brownback dismissed all charges against Canadian
youth Omar Khadr
.
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 Tribunal
s had not determined that they were "unlawful enemy combatants", but merely "enemy combatant
s", the commissions lacked jurisdiction to try them.
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.
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.
The next two sessions were scheduled for December 7, 2007 and January 13, 2008.
He was appointed to be a Presiding Officer
Presiding Officer (Guantanamo Military Commissions)
The United States of America has charged Guantanamo captives before "Military Commissions", each presided over by a Presiding Officer.The Presiding Officer were initially to serve as the first among equals on bodies were the commission members served the roles similar to both judge and jury.In the...
on the Guantanamo military commissions, by retired general John D. Altenburg
John D. Altenburg
Major General John D. Altenburg Jr. is a former Green Beret and a lawyer for the U.S. Army. In December 2003,...
.
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."
Defense attorneys challenged the bias of five of the six presiding officers, including Brownback.
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 BBCBBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
described as a "stunning blow" to the Bush Presidency's detainee policy, Brownback dismissed all charges against Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
youth Omar Khadr
Omar Khadr
Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...
.
In the Summer of 2006 the United States Supreme Court overturned the then current version of the Guantanamo military commission on constitutional grounds
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
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
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
did have the constitutional authority to set up military commissions.
In the fall of 2006 the Congress passed the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
, which authorized military commissions similar to those the Supreme Court overturned, to try "unlawful enemy combatants".
However, Brownback and Captain Keith J. Allred
Keith J. Allred
-Early Life and Career:Allred entered the Navy in 1979. He received his juris doctorate in 1985 from the University of Washington. He served in the U.S...
, ruled that since Khadr and Salim Ahmed Hamdan
Salim Ahmed Hamdan
Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, and imprisoned at Guantanamo Bay. He admits to being Osama bin Laden's personal driver claiming he needed the $200 monthly salary that came with the job....
's Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals 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 established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
s had not determined that they were "unlawful enemy combatants", but merely "enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
s", the commissions lacked jurisdiction to try them.
None of the remaining Guantanamo captives have had a "competent tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...
", 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
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...
Prisoner of War
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
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.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.
The next two sessions were scheduled for December 7, 2007 and January 13, 2008.