Ralph H. Kohlmann
Encyclopedia
Ralph H. Kohlmann is an American
lawyer and officer in the United States Marine Corps
.
He switched to the Judge Advocate General
Corps in 1987.
for the Guantanamo Military Commissions.
On Friday January 6, 2006 the Department of Defense
officially appointed Kohlmann to preside over Binyam Mohammed's military commission
.
In its ruling in Hamdan v. Rumsfeld
the United States Supreme Court ruled that
President George W. Bush
lacked the constitutional authority
to create military commissions.
The Supreme Court had ruled that the United States Congress
did have the constitutional authority create military commissions, and Congress subsequently passed the Military Commissions Act of 2006
a few months later, re-instituting military commissions very similar to the earlier Presidentially authorized commissions.
On December 13, 2007 the New York Times reported that Kohlmann was appointed to serve as a Chief judge by the Office of Military Commissions.
.
The record of trial in the Khadr case contains Judge Kohlmann's explanation that Judge Brownback's replacement was driven by Brownback's impending retirement. The record of trial also reflects that Kohlmann and Brownback discussed the replacement and timed the event to facilitate a smooth transition to a new judge.
the military commissions of the 9-11 hijackers.
Due to his impending retirement, Kohlmann detailed Colonel Stephen Henley, U.S. Army, to replace him as the Military Judge in the 9-11 cases.
Kohlmann continued to serve as the Chief Judge of the Military Commissions until December 2008. He was succeeded in that position by Colonel James Pohl, U.S. Army. Kohlmann accepted a position as a civilian attorney in the Department of the Navy Office of General Counsel in January 2009.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and officer 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...
.
Education
date | institution |
---|---|
1980 | Bachelor of Science Bachelor of Science A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on... , United States Naval Academy United States Naval Academy The United States Naval Academy is a four-year coeducational federal service academy located in Annapolis, Maryland, United States... |
1987 | Juris Doctor Juris Doctor Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and... , The Delaware Law School, Widener University Widener University Widener University is a private, coeducational university located in Chester, Pennsylvania.Its main campus sits on 108 acres , just southwest of Philadelphia... |
1994 | Master of Law (Military Law), The Judge Advocate General’s School, U.S. Army |
2002 | Master of Arts Master of Arts (postgraduate) A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees... (National Security and Strategic Studies), United States Naval War College |
Military career
For his first seven years as an officer Kohlmann served as a combat engineer.He switched to the Judge Advocate General
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...
Corps in 1987.
Service in Guantanamo for the Office of Military Commissions
On December 18, 2005 Kohlmann was announced as a Presiding OfficerPresiding 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...
for the Guantanamo Military Commissions.
On Friday January 6, 2006 the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
officially appointed Kohlmann to preside over Binyam Mohammed's military commission
Guantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
.
In its ruling in 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...
the United States Supreme Court ruled that
President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
lacked the constitutional authority
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...
to create military commissions.
The Supreme Court had ruled 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 create military commissions, and Congress subsequently passed the Military Commissions Act of 2006
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...
a few months later, re-instituting military commissions very similar to the earlier Presidentially authorized commissions.
On December 13, 2007 the New York Times reported that Kohlmann was appointed to serve as a Chief judge by the Office of Military Commissions.
Ordered Peter Brownback's replacement
On May 29, 2008 an e-mail from Kohlmann announced that a new officer was appointed to replace Peter BrownbackPeter Brownback
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....
.
The record of trial in the Khadr case contains Judge Kohlmann's explanation that Judge Brownback's replacement was driven by Brownback's impending retirement. The record of trial also reflects that Kohlmann and Brownback discussed the replacement and timed the event to facilitate a smooth transition to a new judge.
Khalid Sheikh Mohammed trial
In September 2008, he presided as judge at the trial of Khalid Sheikh Mohammed.Marine Corps Retirement
In November 2008, Department of Defence officials announced that Kohlmann was relinquishing his duties as the Military Judge inthe military commissions of the 9-11 hijackers.
Due to his impending retirement, Kohlmann detailed Colonel Stephen Henley, U.S. Army, to replace him as the Military Judge in the 9-11 cases.
Kohlmann continued to serve as the Chief Judge of the Military Commissions until December 2008. He was succeeded in that position by Colonel James Pohl, U.S. Army. Kohlmann accepted a position as a civilian attorney in the Department of the Navy Office of General Counsel in January 2009.
See also
- Guantanamo military commission Presiding Officers