Susan J. Crawford
Encyclopedia
Susan J. Crawford is an US
lawyer, who was appointed the Convening Authority
for the Guantanamo military commissions, on February 7, 2007.
Secretary of Defense
Robert Gates
appointed Crawford to replace John D. Altenburg
.
She had previously served as judge and chief judge of the United States Court of Appeals for the Armed Forces
, Inspector General of the Department of Defense (appointed by George H. W. Bush
), General Counsel for the Department of the Army (appointed by Ronald Reagan
) and Assistant State's Attorney for Garrett County, Maryland.
to the nation's highest military court in 1991 for a fifteen year term and later served as its chief judge from 1999 - 2004. The CAAF website shows that she is still a judge in senior status.
Crawford was the lone dissenter in a case involving Senator-Military Judge-Colonel Lindsey O. Graham. In 2006, by a vote of 4-1, the CAAF found unconstitutional the dual role of Lindsey O. Graham as a senator (Republican from South Carolina) and as a reserve officer sitting as a military judge on the Air Force Court of Criminal Appeals
. Crawford, in dissent, contended that there was no constitutional error in Senator Graham’s role, and that, even if there were, it was harmless because the military appellant Airman Lane had been unable to show he suffered any “actual prejudice.” She also said that, if Congress thought there were a constitutional problem in Sen. Graham’s service, it would have been free to take action, and it has not. The majority's opinion relied upon the Constitution’s “incompatibility clause” in Article I, ” saying that “no person holding any office under the United States shall be a member of either House during his continuance in service.” It also relied upon separation-of-power principles, primarily as discussed by the Supreme Court in Buckley v. Valeo
(1976) and three Supreme Court precedents from the 1990s dealing with appointments to military courts. Congress, Crawford wrote, “may well desire the synergism that would result from having a member of Congress serving as a trial or appellate judge in the military justice system.”
, an Australian linked with Al Qaeda and the Taliban, without any input from the Prosecution.
During the same presentation, Crawford also said:
On October 10, 2007, Morris D. Davis, the Chief Prosecutor for Office of Military Commissions at Guantanamo Bay, Cuba, resigned in protest, concluding that:
Davis directly cited Susan Crawford as a cause of the problems in the Military Commissions process, through her mixing of convening authority and prosecutor roles and her unnecessary use of closed door hearings.
Morris called for removal of political appointees Susan Crawford and William J. Haynes and return of control to uniformed military authorities in order to restore openness and fairness to the Military Commissions process.
On August 9, 2008, William Glaberson wrote in the New York Times about Crawford's role in the recent Hamdan conviction:
In an interview with Bob Woodward
published in The Washington Post
on January 14, 2009, Crawford said the following regarding why she did not refer to trial the case of Mohammed al Qahtani, the so-called "20th hijacker
" of the September 11th attacks:
to be repatriated. His military attorneys requested funds to travel to Afghanistan to help aid in his repatriation. Crawford declined to fund their travel, since charges against him had been dropped. Eric Montalvo
chose to travel to Afghanistan to aid Jawad at his own expense.
In March 2010 she was replaced by retired Admiral Bruce MacDonald.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer, who was appointed the Convening Authority
Convening Authority
The term convening authority is used in United States military law to refer to an individual whose job includes appointing officers to play a role in a court-martial, or similar military tribunal or military commission...
for the Guantanamo military commissions, on February 7, 2007.
Secretary of Defense
United States Secretary of Defense
The Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
Robert Gates
Robert Gates
Dr. Robert Michael Gates is a retired civil servant and university president who served as the 22nd United States Secretary of Defense from 2006 to 2011. Prior to this, Gates served for 26 years in the Central Intelligence Agency and the National Security Council, and under President George H. W....
appointed Crawford to replace 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,...
.
She had previously served as judge and chief judge of the United States Court of Appeals for the Armed Forces
United States Court of Appeals for the Armed Forces
The United States Court of Appeals for the Armed Forces or CAAF is an Article I court that exercises worldwide appellate jurisdiction over members of the United States armed forces on active duty and other persons subject to the Uniform Code of Military Justice...
, Inspector General of the Department of Defense (appointed by George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
), General Counsel for the Department of the Army (appointed by Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
) and Assistant State's Attorney for Garrett County, Maryland.
Education
- Bachelor of ArtsBachelor of ArtsA Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
, Bucknell UniversityBucknell UniversityBucknell University is a private liberal arts university located alongside the West Branch Susquehanna River in the rolling countryside of Central Pennsylvania in the town of Lewisburg, 30 miles southeast of Williamsport and 60 miles north of Harrisburg. The university consists of the College of...
, 1969 - J.D.Juris DoctorJuris 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...
, New England School of LawNew England School of LawNew England School of Law is a private law school in Boston, Massachusetts. It was founded in 1908 as a law school for women.-History:...
, 1977
Judge on Court of Appeals for the Armed Forces
Crawford was an active judge on the Court of Appeals for the Armed Forces (CAAF) from 1991 - 2006. She was appointed by President George H. W. BushGeorge H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
to the nation's highest military court in 1991 for a fifteen year term and later served as its chief judge from 1999 - 2004. The CAAF website shows that she is still a judge in senior status.
Crawford was the lone dissenter in a case involving Senator-Military Judge-Colonel Lindsey O. Graham. In 2006, by a vote of 4-1, the CAAF found unconstitutional the dual role of Lindsey O. Graham as a senator (Republican from South Carolina) and as a reserve officer sitting as a military judge on the Air Force Court of Criminal Appeals
Air Force Court of Criminal Appeals
The Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...
. Crawford, in dissent, contended that there was no constitutional error in Senator Graham’s role, and that, even if there were, it was harmless because the military appellant Airman Lane had been unable to show he suffered any “actual prejudice.” She also said that, if Congress thought there were a constitutional problem in Sen. Graham’s service, it would have been free to take action, and it has not. The majority's opinion relied upon the Constitution’s “incompatibility clause” in Article I, ” saying that “no person holding any office under the United States shall be a member of either House during his continuance in service.” It also relied upon separation-of-power principles, primarily as discussed by the Supreme Court in Buckley v. Valeo
Buckley v. Valeo
Buckley v. Valeo, 424 U.S. 1 , was a case in which the Supreme Court of the United States upheld a federal law which set limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech, and struck down portions of the law...
(1976) and three Supreme Court precedents from the 1990s dealing with appointments to military courts. Congress, Crawford wrote, “may well desire the synergism that would result from having a member of Congress serving as a trial or appellate judge in the military justice system.”
Negotiated Hicks' plea bargain
Crawford is reported to have directly negotiated the plea bargain of David HicksDavid Hicks
David Matthew Hicks is an Australian who was convicted by the United States of America Guantanamo Military Commission under the Military Commissions Act of 2006, on charges of providing material support for terrorism...
, an Australian linked with Al Qaeda and the Taliban, without any input from the Prosecution.
Guantanamo discussion
When speaking at Bucknell University on April 27, 2007, Crawford said:During the same presentation, Crawford also said:
On October 10, 2007, Morris D. Davis, the Chief Prosecutor for Office of Military Commissions at Guantanamo Bay, Cuba, resigned in protest, concluding that:
Davis directly cited Susan Crawford as a cause of the problems in the Military Commissions process, through her mixing of convening authority and prosecutor roles and her unnecessary use of closed door hearings.
Morris called for removal of political appointees Susan Crawford and William J. Haynes and return of control to uniformed military authorities in order to restore openness and fairness to the Military Commissions process.
On August 9, 2008, William Glaberson wrote in the New York Times about Crawford's role in the recent Hamdan conviction:
|
In an interview with Bob Woodward
Bob Woodward
Robert Upshur Woodward is an American investigative journalist and non-fiction author. He has worked for The Washington Post since 1971 as a reporter, and is currently an associate editor of the Post....
published in The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
on January 14, 2009, Crawford said the following regarding why she did not refer to trial the case of Mohammed al Qahtani, the so-called "20th hijacker
20th hijacker
20th hijacker is a numeric metaphor concerning a possible additional terrorist in the September 11, 2001, attacks who was not able to participate....
" of the September 11th attacks:
Denied travel funds to Mohamed Jawad's military attorneys
The civilian court system ordered Mohamed JawadMohamed Jawad
Mohamed Jawad, born in Miranshah, Pakistan, was accused of attempted murder before a Guantanamo military commission on charges that he threw a grenade at a passing American convoy on December 17, 2002. Jawad's family says that he was 12 years old at the time of his detention in 2002...
to be repatriated. His military attorneys requested funds to travel to Afghanistan to help aid in his repatriation. Crawford declined to fund their travel, since charges against him had been dropped. Eric Montalvo
Eric Montalvo
Eric Montalvo is an American lawyer and officer in the United States Marine Corps Reserve.He is notable for questioning whether the Department of Justice and Department of Defense should rely on paid witnesses when trying to assemble a new case against his client, Mohammed Jawad...
chose to travel to Afghanistan to aid Jawad at his own expense.
Replacement
Crawford retired in January 2010.In March 2010 she was replaced by retired Admiral Bruce MacDonald.