February 11, 2009 4:39 PM

Gitmo Panelist Slams Hearing Process

(AP)  An Army officer who played a key role in the "enemy combatant" hearings at Guantanamo Bay says tribunal members relied on vague and incomplete intelligence while being pressured to rule against detainees, often without any specific evidence.

His affidavit, submitted to the U.S. Supreme Court and released Friday, is the first criticism by a member of the military panels that determine whether detainees will continue to be held.

Lt. Col. Stephen Abraham, a 26-year veteran of military intelligence who is an Army reserve officer and a California lawyer, said military prosecutors were provided with only "generic" material that didn't hold up to the most basic legal challenges.

Despite repeated requests, intelligence agencies arbitrarily refused to provide specific information that could have helped either side in the tribunals, according to Abraham, who said he served as a main liaison between the Combat Status Review Tribunals and the intelligence agencies.

"What were purported to be specific statements of fact lacked even the most fundamental earmarks of objectively credible evidence," Abraham said in the affidavit submitted on behalf of a Kuwaiti detainee, Fawzi al-Odah, who is challenging his classification as an "enemy combatant."

Abraham's affidavit "proves what we all suspected, which is that the CSRTs were a complete sham," said a lawyer for al-Odah, David Cynamon.

A Pentagon spokesman, Navy Lt. Cmdr. Chito Peppler, defended the process of determining which detainees should be held, saying the "procedures afford greater protection for wartime status determinations than any nation has ever before provided."

"Lt. Col. Abraham provides his opinion and perspective on the CSRT process. We disagree with his characterizations," Peppler said. "Lt. Col. Abraham was not in a position to have a complete view of the CSRT process."

Abraham said he first raised his concerns when he was on active duty with the Defense Department agency in charge of the tribunal process from September 2004 to March 2005 and felt the issues were not adequately addressed. He said he decided his only recourse was to submit the affidavit.

"I pointed out nothing less than facts, facts that can and should be fixed," he told The Associated Press in a telephone interview from his office in Newport Beach, Calif.


© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by prinzowhales June 24, 2007 12:05 PM EDT
The guy has 26 year under his belt...he has nothing to loose by speaking out now. Expect these tribunals to be made up in the future of younger, career officers with nothing else going for them... who would sell their mother's virtue for a star.
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by j-whitman June 24, 2007 1:19 AM EDT
roach9703,,, You don't think creating GITMO detention in the first place was a propaganda gift for them ????? ---- Every damm thing Bush has done has been a propaganda gift to the ememy.
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by roach9703 June 23, 2007 11:13 PM EDT
This is the most devastating testimony I have seen concerning the detainee program. This information from Lt. Col Stephen Abraham should be a subject of immediate congressional hearings.
This idiocy is propaganda gift for the ghihadists.
Reply to this comment
by tuckerndfw June 23, 2007 6:19 PM EDT
Lt. Col. Stephen Abraham is a credit to the nation, his uniform, and his profession.

Colonel Abraham, I salute you.

It is unfortunate that the Bush administration has chosen to alienate and persecute men of honor, such as you.

George Bush has no honor. He is a drunken, drug addicted, draft dodging coward, pathological liar and totally corrupt. He disgraces himself, his family, the nation and the military.

You cannot say that, but I can. And did.

Thank you for your honorable, valuable service.

(hand salute)
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by mcvet June 23, 2007 4:39 PM EDT
Once again, you show the witless tack of a mental midget. If you have anything to add to the fact that "ONLY" congress can create US CODE, you should have said it before you proved how stupid you are.
Posted by pwrslm at 11:22 AM : Jun 23, 2007

Why do you Nazi's attack American's? My Neighbors and Fellow Citizens who KNOW as well as anyone that your Fuhrer, Cheney, is the guy behind the "Code". The Law that allows citizens of this nation to be labeled "Terrorist" was passed by the Fascist Congress. You and your Fuhrer have abandonded the Power of this nation, the REAL greatness, the Constitution. Why? Because you are now as always, sniveling cowards! Sieg Heil Bush!!
Reply to this comment
by formrusmcsgt June 23, 2007 4:13 PM EDT
These detainee's are held in accordance with the UCMJ, as directed by the US Congress.

You cant blame Bush for the Military doing what Congress told them to do.
Posted by pwrslm at 11:34 AM : Jun 23, 2007

ee, for a guy who likes to insult everyone as being stupid, you don't research very well, pwrslm.

The detaines at Gitmo are not being held under the UCMJ, but rather, under Army Regulation 190-8 which doesn't have squat to do with the UCMJ.

As you are obviously ignotant about that, let me fill you in.

Army Regulation 190-8 specifies policy, procedures, and responsibilities for the handling of prisoners of war.

As is always the case, you're caught again yelling about that which you know absolutely squat.
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by j-whitman June 23, 2007 4:05 PM EDT
pwrslm,, The prisoners are being held in acordence with the UCMJ which only governs the conduct of our military, yes & internatinoal conventions as well,,, FINALLY,,,

It's the legality trials, detention & justice that's in question. Many have been released after several years in captivity because there was never evidence against them... Others Bush will never place infront of a court.

Congress didn't tell Bush to create GITMO,, They have been persistantly trying him to shut it down, it's an embarrassment to our nation & hurts our National Security.
Reply to this comment
by formrusmcsgt June 23, 2007 4:01 PM EDT
Once again, you show the witless tack of a mental midget. If you have anything to add to the fact that "ONLY" congress can create US CODE, you should have said it before you proved how stupid you are.
Posted by pwrslm at 11:22 AM : Jun 23, 2007

Writing code and pressuring Generals to convict without evidence are two very different things, pwrslm.

So sad to see that you still can not express yourself without resorting to childish insults.

They really make you appear mature and profound....
Reply to this comment
by grazinggoat June 23, 2007 3:47 PM EDT
These detainee's are held in accordance with the UCMJ, as directed by the US Congress.

You cant blame Bush for the Military doing what Congress told them to do.
Posted by pwrslm

- I have some extra soap. Can I send it to Bush in order to wash his hands off this issue?
Reply to this comment
by pwrslm June 23, 2007 2:34 PM EDT
In light of all the rhetoric and politicization of this issue, the fact is that the Military follows the UCMJ, the prisoners at Guantanamo, and other military prisons, whom are being held in conjunction with the wars we are involved in, are delivered there from ground units that have captured them.

These detainee's are held in accordance with the UCMJ, as directed by the US Congress.

You cant blame Bush for the Military doing what Congress told them to do.
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