Nickdfresh
08-03-2005, 09:03 AM
Military prosecutors called Gitmo system rigged
By ROBERT BURNS
Associated Press
8/2/2005
WASHINGTON - The Pentagon acknowledged Monday that two former members of the military team handling prosecutions of terrorism suspects at Guantanamo Bay, Cuba, alleged last year that the trial system was rigged in favor of the government.
Officials said the prosecutors' allegations about ethical lapses and potential criminal acts at the prison camp known as Gitmo had been reviewed and dismissed as unfounded. Pentagon spokesman Lawrence Di Rita said an investigation determined that they were "much ado about nothing."
In a statement, the Pentagon said an "operational assessment" of the chief prosecutor's office - undertaken in response to the allegations - recommended a restructuring, including unspecified personnel changes.
The allegations by Air Force Maj. John Carr, who was then a captain, and Air Force Maj. Robert Preston were first reported by the Wall Street Journal and the New York Times on Monday. Both newspapers quoted from March 2004 internal e-mails written by Carr and Preston that detailed the allegations.
Copies of the e-mails, as well as an electronic message written by then-chief prosecutor Army Col. Fred Borch, were provided to the Associated Press by the American Civil Liberties Union and authenticated by a Pentagon official.
Among other allegations, Carr and Preston contended that the office of the chief prosecutor had deliberately misled senior civilian Pentagon officials about the quality of evidence against the initial defendants and that inadequate efforts had been made by the prosecutor's office to ensure full and fair trials.
Di Rita, senior spokesman for Defense Secretary Donald H. Rumsfeld, said the allegations were thoroughly investigated by the Pentagon inspector general.
"The allegations were serious, and the issue is a serious one. The inspector general concluded that it was much ado about nothing, that the individuals that had made the allegations couldn't substantiate their allegations, and everybody moved on. That matter was thoroughly vetted, and it's closed," Di Rita said.
In an e-mail note to his staff, Borch said the allegations against him by Carr and Preston were "monstrous lies."
"I am convinced to the depth of my soul that all of us on the prosecution team are truly dedicated to the mission of the Office of Military Commissions - and that no one on the team has anything but the highest ethical principles," Borch wrote.
Preston and Carr, who have since left that office, accused fellow prosecutors of ignoring torture allegations, failing to protect evidence that could help the defendants' case and withholding information from superiors.
The ACLU, which has criticized the military trial system, said the Carr and Preston allegations were further evidence that the Pentagon should scrap the system and instead try the alleged terrorists under the Uniform Code of Military Justice, which provides fuller protection for the rights of the accused.
"Clearly the concerns raised by these two confirm what we've been saying from the beginning: (the Pentagon) rigged the system to render the result the Bush administration wants, which is conviction of these first accused, at any cost," said Anthony D. Romero, executive director of the ACLU.
Link (http://www.buffalonews.com/editorial/20050802/1023590.asp)
By ROBERT BURNS
Associated Press
8/2/2005
WASHINGTON - The Pentagon acknowledged Monday that two former members of the military team handling prosecutions of terrorism suspects at Guantanamo Bay, Cuba, alleged last year that the trial system was rigged in favor of the government.
Officials said the prosecutors' allegations about ethical lapses and potential criminal acts at the prison camp known as Gitmo had been reviewed and dismissed as unfounded. Pentagon spokesman Lawrence Di Rita said an investigation determined that they were "much ado about nothing."
In a statement, the Pentagon said an "operational assessment" of the chief prosecutor's office - undertaken in response to the allegations - recommended a restructuring, including unspecified personnel changes.
The allegations by Air Force Maj. John Carr, who was then a captain, and Air Force Maj. Robert Preston were first reported by the Wall Street Journal and the New York Times on Monday. Both newspapers quoted from March 2004 internal e-mails written by Carr and Preston that detailed the allegations.
Copies of the e-mails, as well as an electronic message written by then-chief prosecutor Army Col. Fred Borch, were provided to the Associated Press by the American Civil Liberties Union and authenticated by a Pentagon official.
Among other allegations, Carr and Preston contended that the office of the chief prosecutor had deliberately misled senior civilian Pentagon officials about the quality of evidence against the initial defendants and that inadequate efforts had been made by the prosecutor's office to ensure full and fair trials.
Di Rita, senior spokesman for Defense Secretary Donald H. Rumsfeld, said the allegations were thoroughly investigated by the Pentagon inspector general.
"The allegations were serious, and the issue is a serious one. The inspector general concluded that it was much ado about nothing, that the individuals that had made the allegations couldn't substantiate their allegations, and everybody moved on. That matter was thoroughly vetted, and it's closed," Di Rita said.
In an e-mail note to his staff, Borch said the allegations against him by Carr and Preston were "monstrous lies."
"I am convinced to the depth of my soul that all of us on the prosecution team are truly dedicated to the mission of the Office of Military Commissions - and that no one on the team has anything but the highest ethical principles," Borch wrote.
Preston and Carr, who have since left that office, accused fellow prosecutors of ignoring torture allegations, failing to protect evidence that could help the defendants' case and withholding information from superiors.
The ACLU, which has criticized the military trial system, said the Carr and Preston allegations were further evidence that the Pentagon should scrap the system and instead try the alleged terrorists under the Uniform Code of Military Justice, which provides fuller protection for the rights of the accused.
"Clearly the concerns raised by these two confirm what we've been saying from the beginning: (the Pentagon) rigged the system to render the result the Bush administration wants, which is conviction of these first accused, at any cost," said Anthony D. Romero, executive director of the ACLU.
Link (http://www.buffalonews.com/editorial/20050802/1023590.asp)