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‘Sexy’ Khadr charges meant to boost support for military

Judge blasts prosecutors’ ‘glacial-like speed’ at Khadr’s pretrial
David Akin, Canwest News Service

GUANTANAMO NAVAL STATION, Cuba - Canadian Omar Khadr was among the first group of Guantanamo Bay prisoners charged with war crimes only because his case was “sexy” and senior U.S. administration officials believed charging Khadr would help whip up support for the controversial military commissions set up by the U.S. Congress to try terrorism suspects, a court here was told Wednesday.

Col. Morris Davis, the former chief prosecutor for all military commission trials, testified that there was a sense of urgency within the Bush administration and in senior ranks of the U.S. military justice system to get some star trials started before the end of Bush’s term this year, on fears that the next president could end the commissions.

“If we didn’t get (the military commission) up and running and get the public behind it, it would implode. Cases like Khadr’s were going to bring political support and make it harder for the next commander-in-chief to stop the process,” said Davis, who describing the Khadr case as “sexy” in his testimony.

Khadr, who was born in Toronto, was 15 years old when he was captured in 2002 in a firefight in Afghanistan. He is accused of murdering a U.S. soldier in violation of the laws of war, attempted murder in the violation of the laws of war, and other war crimes. He has been held at Guantanamo for six years.

In court Wednesday, military commission judge Col. Patrick Parrish heard a remarkable series of exchanges in which Davis testified that his boss, Brig.-Gen. Thomas Hartman, and senior officials of the Bush administration pressured him to charge Khadr before prosecutors working under him felt they were able to proceed.

The court then took testimony from Hartman himself, who was questioned in court at one point by Col. Lawrence Morris, the very man who replaced Davis as chief prosecutor and reports directly to Hartman.

Davis, giving testimony by video conference from Washington, said that Hartman “liked the Khadr case.” Davis said Hartman described it as “the kind of case the public’s going to get energized about.”

Davis also fingered William J. (Jim) Haynes as the political source pressuring Hartman. Haynes was the general counsel for the U.S. Department of Defense, a Bush political appointment, until he resigned in February.

“The influence that expedited the charging of Khadr came from Jim Haynes,” Davis testified.

Davis described conversations he had with Hartman as “intense” and, when asked to described the general’s management style, Davis said it was “overbearing and tactless.”

In an interview, Davis said his experience working for Hartman is very different from Davis’ experience.

“I’ve experienced no pressure,” Davis said. “It’s an excellent, collaborative relationship.”

Davis also testified it was likely his office would have charged Khadr in any event, but not according to the timeline preferred by Haynes and Hartman.

Khadr’s defence lawyers, though, argue that the pressure brought by Hartman, Haynes, and others amounts to unlawful interference.

“It was very, very clear that this was a political process from day one,” said Lt.-Cmdr. William Kuebler, Khadr’s Pentagon-appointed defence lawyer.

“I don’t think the judges are sufficiently independent and I don’t think they’re sufficiently insulated from political control to render independent rulings.”

Hartman, testifying after Davis, said he could not recall any of the conversations he had with Davis about the Khadr case and he rejected the suggestion by Kuebler that he had pressured Davis to move Khadr forward.

But Hartman, who also testified by video conference from Washington, did confirm that he told Davis it was important that the cases Davis would move forward would capture the public’s imagination “or something to that effect.”

Khadr is the last citizen of a Western democracy here. Citizens of Australia and France have been repatriated to face trials or serve sentences in their home countries.

Last week, Khadr sued Prime Minister Stephen Harper seeking a court order to force Harper to seek Khadr’s repatriation. The Conservative government, like the Liberal one it replaced, has said it will not seek to have Khadr returned to Canada.

“I’m hopeful something’s going to happen and that the Canadian government’s going to intervene,” Kuebler said. “Prime Minister Harper’s position is increasingly extreme and isolated.”

Khadr, 21, was in court for the daylong session, wearing a white jump suit and black shoes. He said nothing in court but conferred from time to time with his Edmonton-based lawyer Dennis Edney, who was seated next to him in court.

The commission will hear more arguments on pretrial motions Thursday morning.

The trial is scheduled to Oct. 8, although Kuebler said that, given the slow pace at which the government is producing evidence he has asked for, he will not be ready to proceed at that time.

‘Sexy’ Khadr charges meant to boost support for military