Eric Montalvo
Encyclopedia
Eric Montalvo is an American
lawyer and officer in the United States Marine Corps
Reserve.
He is notable for questioning whether the Department of Justice
and Department of Defense
should rely on paid witnesses when trying to assemble a new case against his client, Mohammed Jawad. His work on the case was featured in the February 2011 issue of GQ magazine.
from the University of South Carolina
and a Juris Doctor
from Temple University School of Law.
His areas of practice are military law, security clearance law, international corporate law, and white collar crime.
petition, ruling that all the evidence against him was inadmissible, because it was triggered by torture.
The Department of Justice requested time to lay new charges against Jawad, based on witness statements that had not been available during the previous five years he had been in custody.
On August 4, 2009 the Washington Independent reported that Montalvo and lead counsel David Frakt reported that the new prosecution witnesses had received gifts or cash in return for their testimony.
Montalvo traveled to Afghanistan to interview the witnesses.
On August 28, 2009, Jeremy Page, writing in The Times
, reported that Montalvo was planning to represent Jawad in a lawsuit against the US government.
Page reported that Montalvo was scheduled to retire from the Marine Corps within the next month.
On September 21, 2009 historian
Andy Worthington
, author of The Guantanamo Files, published a letter from Montalvo's colleague Frakt, that explained Montalvo's role in more detail.
He wrote that, initially, Jawad's Defense team was going to hire a private investigator
to travel to Afghanistan to conduct their own investigation, because so much of the evidence in the case had disappeared. It was only when Susan Crawford declined to budget for a private investigator that Montalvo made plans to serve as the team's investigator.
Montalvo is serving as his attorney.
Montalvo and Winfield's father have asserted that Winfield was not a willing participant in the conspiracy, that he was one of the whistleblowers who had tried to report the ring.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and officer in the United States Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
Reserve.
He is notable for questioning whether the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
and Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
should rely on paid witnesses when trying to assemble a new case against his client, Mohammed Jawad. His work on the case was featured in the February 2011 issue of GQ magazine.
Education
Montalvo has a Bachelor of ScienceBachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...
from the University of South Carolina
University of South Carolina
The University of South Carolina is a public, co-educational research university located in Columbia, South Carolina, United States, with 7 surrounding satellite campuses. Its historic campus covers over in downtown Columbia not far from the South Carolina State House...
and a Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Temple University School of Law.
Legal career
Montalvo is Founding Partner of The Federal Practice Group, http://www.fedpractice.com a team of nationally recognized federal practitioners focused on the unique bodies of law that the U.S. federal government has created.His areas of practice are military law, security clearance law, international corporate law, and white collar crime.
Guantanamo hitch
On July 22, 2009 US District Court Judge concluded Jawad's habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition, ruling that all the evidence against him was inadmissible, because it was triggered by torture.
The Department of Justice requested time to lay new charges against Jawad, based on witness statements that had not been available during the previous five years he had been in custody.
On August 4, 2009 the Washington Independent reported that Montalvo and lead counsel David Frakt reported that the new prosecution witnesses had received gifts or cash in return for their testimony.
Montalvo traveled to Afghanistan to interview the witnesses.
On August 28, 2009, Jeremy Page, writing in The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
, reported that Montalvo was planning to represent Jawad in a lawsuit against the US government.
Page reported that Montalvo was scheduled to retire from the Marine Corps within the next month.
On September 21, 2009 historian
Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. If the individual is...
Andy Worthington
Andy Worthington
Andy Worthington is a British historian, journalist, and film director.He has published three books, and been published in numerous publications.In 2009 Worthington was the co-director of a documentary about the Guantanamo detainees....
, author of The Guantanamo Files, published a letter from Montalvo's colleague Frakt, that explained Montalvo's role in more detail.
He wrote that, initially, Jawad's Defense team was going to hire a private investigator
Private investigator
A private investigator , private detective or inquiry agent, is a person who can be hired by individuals or groups to undertake investigatory law services. Private detectives/investigators often work for attorneys in civil cases. Many work for insurance companies to investigate suspicious claims...
to travel to Afghanistan to conduct their own investigation, because so much of the evidence in the case had disappeared. It was only when Susan Crawford declined to budget for a private investigator that Montalvo made plans to serve as the team's investigator.
Defense of Adam Winfield
Adam Winfield is a soldier who faces charges that he participated in a thrill kill murder ring in Afghanistan.Montalvo is serving as his attorney.
Montalvo and Winfield's father have asserted that Winfield was not a willing participant in the conspiracy, that he was one of the whistleblowers who had tried to report the ring.