James L. Pohl
Encyclopedia
Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...

 James L. Pohl is an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 lawyer and an officer in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

.

He is notable for having been appointed the President of a Guantanamo military commission
Guantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...

.
He is Presiding over the Commission of Ahmed Darbi and Abd el-Rahim al-Nashiri.
He is notable for serving as the judge of several of the GIs in the Abu Ghraib torture and prisoner abuse
Abu Ghraib torture and prisoner abuse
Beginning in 2004, human rights violations in the form of physical, psychological, and sexual abuse, including torture, rape, sodomy, and homicide of prisoners held in the Abu Ghraib prison in Iraq came to public attention...

 cases, and barring the demolition of Abu Ghraib
Abu Ghraib
The city of Abu Ghraib in the Baghdad Governorate of Iraq is located just west of Baghdad's city center, or northwest of Baghdad International Airport. It has a population of 189,000. The old road to Jordan passes through Abu Ghraib...

 because he had ruled it a crime scene.

On 6 January 2009 Pohl was appointed to replace Ralph Kohlmann as the Chief Presiding Officer for the Military Commissions.

Pohl received his J.D.
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 Pepperdine University
Pepperdine University
Pepperdine University is an independent, private, medium-sized university affiliated with the Churches of Christ. The university's campus overlooking the Pacific Ocean in unincorporated Los Angeles County, California, United States, near Malibu, is the location for Seaver College, the School of...

 in 1978.

Suspension of Guantanamo Hearings

On January 29, 2009, Pohl denied the request of the Obama Administration to delay proceeding for 120 days in the case of Abd al-Rahim al-Nashiri
Abd al-Rahim al-Nashiri
Abd al-Rahim al-Nashiri is a Saudi Arabian citizen alleged to be the mastermind of the USS Cole bombing and other terrorist attacks, he allegedly headed al-Qaeda operations in the Persian Gulf and the Gulf states prior to his capture in November 2002 by the CIA's Special Activities Division.The...

.
Pohl argued that tribunal rules give the judges sole authority to delay cases and that postponing proceedings against Abd al-Rahim al-Nashiri
Abd al-Rahim al-Nashiri
Abd al-Rahim al-Nashiri is a Saudi Arabian citizen alleged to be the mastermind of the USS Cole bombing and other terrorist attacks, he allegedly headed al-Qaeda operations in the Persian Gulf and the Gulf states prior to his capture in November 2002 by the CIA's Special Activities Division.The...

 was not reasonable and "does not serve the interest of justice".
According to Carol Rosenberg
Carol Rosenberg
Carol Rosenberg is a senior journalist, currently with the McClatchy News Service.Rosenberg works at the Miami Herald, which has provided extensive coverage of the operation of the Guantanamo Bay detention camps, in Cuba.-Biography:...

, writing in the Miami Herald, Pohl's ruling stated:
  • "The Commission is bound by the law as it currently exists not as it may change in the future."
  • "The public interest in a speedy trial will be harmed by the delay in the arraignment."


According to Guantanamo spokesman Commander
Commander
Commander is a naval rank which is also sometimes used as a military title depending on the individual customs of a given military service. Commander is also used as a rank or title in some organizations outside of the armed forces, particularly in police and law enforcement.-Commander as a naval...

 Jeffrey Gordon
Jeffrey D. Gordon
Jeffrey D. Gordon is a communications consultant to several conservative Washington, DC-based think tanks. Gordon is also a contributing columnist to Fox News, AOL News, the Washington Times and other media outlets. Previously, he was a Commander in the United States Navy.-Naval career:He was...

: "The Department of Defense is currently reviewing Judge Pohl's ruling. We will be in compliance with the president's orders regarding Guantánamo."
According to Fox News, Pentagon spokesman
The Pentagon
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington County, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.Designed by the American architect...

 Geoff Morrell
Geoff Morrell
Geoff Morrell is an Australian film and theatre actor.Morrell began his career in theatre acting, becoming a founding member of the Theatre South organisation. In 1983, he briefly moved to England, featuring in a number of productions there.In 1985, he branched into film acting, with a minor role...

 said that Pohl will be directed to comply with Obama's executive order.

The arraignment could have been canceled, even if Pohl had continued to assert his duty lay in ignoring Obama's order, if either Susan J. Crawford
Susan J. Crawford
Susan J. Crawford is an US lawyer, who was appointed the Convening Authority for the Guantanamo military commissions, on February 7, 2007.Secretary of Defense Robert Gates appointed Crawford to replace John D...

 the Convening Authority
Convening Authority
The term convening authority is used in United States military law to refer to an individual whose job includes appointing officers to play a role in a court-martial, or similar military tribunal or military commission...

 for the Office of Military Commissions, or Al Nashiri's prosecution, withdrew the charges.

Assigned to investigate the Fort Hood shootings

Pohl was assigned to serve as the investigating officer for the article 32 hearing
Article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...

 for Major Nidal Malik Hasan
Nidal Malik Hasan
Nidal Malik Hasan, USA is a United States Army officer and sole suspect in the November 5, 2009, Fort Hood shooting, which occurred less than a month before he would have deployed to Afghanistan....

, the suspect in the Fort Hood shooting
Fort Hood shooting
The Fort Hood shooting was a mass shooting that took place on November 5, 2009, at Fort Hood, the most populous U.S. military installation in the world, located just outside Killeen, Texas. In the course of the shooting, a single gunman killed 13 people and wounded 29 others...

s.
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