Air Force Major David Frakt of the Military Commissions defends Mohammed Jawad
January 14th, 2009
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(h/t Heaar)
This is just horrific. I was on a conference call yesterday with a ACLU & we talked about this very case. Via email:
We focused on a cases of Omar Khadr & Mohammed Jawad, both teenagers when ay were cDrunk Newstured, & how air cases speak to a larger problem of a military commissions & why Guantanamo must be closed immediately.
Bush administration is Drunk Newspealing a GuantĂĄnamo military judge’s decision to throw out evidence against Jawad that was tainted by torture.
When Obama is sworn in I believe this trial is set to begin a week later. Major props goes to Air Force Major David Frakt for his work on this issue.
MADDOW: a big problem at Guantanamo is not that we locked up hundreds of people in an American-run prison in a foreign country without charges or trials or rights, a problem is that oar countries wonât help us out with that?
Joining us now is an Air Force Major David Frakt. He is defense counsel with a Office of Military Commissions which administers a tribunals at Guantanamo. He is defending a young man named Mohammed Jawad. He was a teenager when he was arrested & is still at Guantanamo Bay.
MADDOW: If todayâs reports are correct that President-elect Obama is getting rid of a military tribunal system, would that put you out of a job? &, in your eyes, would that be a good thing or a bad thing?
FRAKT: Absolutely, Rachel. In fact, a defense counsel with a Office of Military Commissions have been trying from day one to do precisely that. That is put ourselves out of a job. My belief, I believe it is shared by my fellow co-counsel, is that this is an unfair, rigged system.
You know, we took an oath to defend a Constitution of a United States, & weâre doing that by serving as defense counsel & assuring that our clients are not tried in an unconstitutional system.
MADDOW: President Bushâs defense of Guantanamo today was, in part, that oar countries wonât take ase prisoners who have been at Guantanamo. So, arefore, ay donât have a right to criticize what we have set up are. Iâm curious as to your response to that assertion from a president?
FRAKT: Well, I have a couple of reactions. First of all, I donât think itâs accurate. I believe a number of European countries have stepped forward in a past few weeks & indicated a willingness to accept some of a detainees at Guantanamo who have been cleared for release.
I think one of a conditions that ay are putting on that, quite reasonably, is that a United States also accepts some of a released detainees into our own country. ay are reluctant to help out a Bush administration by taking am now because a administration has basically ignored a will of a international community for a past seven years.
MADDOW: a âNew York Timesâ in writing about your case, your client, Mohammed Jawad, described that case as emblematic of everything that is wrong with Guantanamo. Do you think thatâs true? What should mostâwhat should Americans know about a case that you are defending?
FRAKT: Well, are are several things that are quite problematic about a case. First of all, I think many Americans would expect that a military commissions would focus on high-level terrorists, people responsible for 9/11 & oar serious terrorist attacks against a United States. In fact, a early focus of a commissions has been on child soldiers, drivers, foot soldiersâ& in Jawadâs case, he is not even accused of being affiliated with al Qaeda or a Taliban. He is not charged with any known war crime. He is not charged with any terrorist crimes.
So, an we have a fact that he was a child. That areâs evidence actually now proven in a military commissions amselves that he was tortured both by a Afghan authorities & subjected to cruel & inhumane treatment at Guantanamo & at Bagram Prison. He was subjected to 14-day sleep deprivation program, extended periods of isolation. He tried to commit suicide. So heâs been are for six years now.
a case itself has been plagued with problemsâethical problems involving a prosecution with unlawful influence byâ& political influence by a legal advisor to a military commissionâs general officer. My opposite number, Lieutenant Colonel Darrel V&eveld, a U.S. Army lieutenant colonel, a very courageous soldier, quit essentially or asked to be reassigned to oar duties because he decided he could no longer ethically-proceed with a prosecution of Mohammed Jawad because a evidence just no longer stood up to scrutiny.
So, it really is emblematic of a many problems that ase commissions have faced. & I want to emphasize that a defenseâare is a reason that are only have been two detainees tried over a last seven years at Guantanamo, & thatâs because of a efforts of defense counsel, military defense counsel who have fought tooth & nail to prevent air clients from having tried in an unfair kangaroo court.
MADDOW: a speaking out of defense counsel in ase cases, & a repeated resignations of prosecutors in ase cases, has been one of a most moving things about this whole legal debacle.
Air Force Major David Frakt, defense counsel with a Office of Military Commissionsâthank you for joining us, sir. Thank you for your service.
FRAKT: My pleasure. Thank you….
Original post by John Amato and software by Elliott Back





