Resigned Guantanamo Prosecutor Discusses Moral Crisis, Catholic Faith, and Conclusion That “We Had Abandoned Our American Values and Defiled Our Constitution”

In a recent interview with the BBC, former Guantanamo prosecutor Lt. Col. Darrel Vandeveld discusses how the conflict he perceived between his military duties and his religious beliefs (as well as his beliefs about the requirements of the United States Constitution) created what the BBC terms a “profound moral crisis,” one that eventually led to his resignation.  

I found it moving to hear another human being discuss his struggle with these issues of conscience so directly, forthrightly, and genuinely. If you want to hear Lt. Col. Vandeveld’s discuss these events in his own words, you can watch this video at the BBC website. The BBC article reports the events this way:

It was one case in particular, that of a young Afghan called Mohammed Jawad, which caused most concern.

Mr Jawad was accused of throwing a grenade at a US military vehicle.

Col Vandeveld says that in a locker he found indisputable evidence that Mr Jawad had been mistreated.

After Mr Jawad had tried to commit suicide by banging his head against a wall at Guantanamo, Col Vandeveld says that psychologists who assisted interrogators advised taking advantage of Mr Jawad’s vulnerability by subjecting him to specialist interrogation techniques known as “fear up”.

He was also placed, Col Vandeveld says, into what was known as the “frequent flyer” programme in which he was moved from cell to cell every few hours, with the aim of preventing him sleeping properly, and securing a confession.

A devout Catholic, Col Vandeveld found himself deeply troubled by what he discovered.

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Biskupic Stepping Down

Our graduate and adjunct faculty member Steven Biskupic announced yesterday that he is stepping down from his post as U.S. Attorney for the Eastern District of Wisconsin, effective January 9.  Steve made us proud over his six years of distinguished service in this important position, winning convictions in many high-profile public corruption cases.  It is customary for U.S. Attorneys to resign after a new President is elected, but this is one instance in which the community may be ill-served by the custom.  Best wishes, Steve, in your new endeavors!

Steve’s counterpart in the Western District, Erik Peterson (who is also a Marquette alum), has not yet announced his plans.

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Seventh Circuit Week in Review: Machine Guns and Cocaine (And What Thanksgiving Is Complete Without Those?)

The Seventh Circuit had three new opinions in criminal cases in this holiday-shortened work week, with the government winning on all of the major issues in each appeal. 

In the first, United States v. Carmel (No. 07-3906), the Seventh Circuit (per Judge Manion) affirmed the defendant’s conviction for possessing an unregistered machine gun in violation of 26 U.S.C. § 5861.  In addition to raising some case-specific issues relating to a search warrant, the defendant also argued that § 5861 was invalid in light of 18 U.S.C. § 922(o), which criminalizes possession of machine guns.  In essence, Carmel argued that § 5861, which punishes people for not registering their machine guns, makes no sense when § 922(o) effectively precludes registration.  The Tenth Circuit bought this argument in United States v. Dalton, 960 F.2d 121 (10th Cir. 1992), but it was subsequently rejected in seven other circuits.  And now the Seventh Circuit makes eight.  It’s not clear to me, though, why the government would ever charge a defendant like Carmel under § 5861 when § 922(o) is also applicable and carries the same maximum penalty — why not render the Dalton issue moot by using § 922(o) exclusively in these cases?

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