Kyndra Miller Rotunda
Encyclopedia
Kyndra Kaye Rotunda is an American
lawyer, author, and officer in the U.S. Army JAG Corps Individual Ready Reserve
.
She is a law professor at the Chapman University School of Law
.
from 1992 to 1999, receiving a B.A. (1996) in history and a J.D.
(1999) from the University of Wyoming College of Law
.
. She is notable for her military service related to Guantanamo Bay, first as a Legal Advisor to the Guantanamo Detention Camp Commander, later as a legal advisor to the Department of Defense
Criminal Investigation Task Force, then as a Prosecutor for the Guantanamo Military Commission
s. In 2008, she published a book about her experience, titled Honor Bound: Inside the Guantanamo Trials.
From 2003 to 2005, she was the Wyoming
State Planning Coordinator and served as an advisor to then-Governor Dave Freudenthal
.
In 2006, she became a law professor at the George Mason University School of Law
, where she was the Director of a pro bono
law clinic for military personnel and veterans.
In 2008, Rotunda and her husband Ronald Rotunda
joined a list of former faculty of George Mason University who took positions at the Chapman University School of Law
. She developed and heads the Chapman pro bono
law clinic for military personnel and veterans. She was recently named as a Lecturer at University of California, Berkeley, School of Law (Boalt Hall)
, to assist in starting a similar clinic there.
Professor Rotunda advocates for military troops. Her op-ed
s have appeared in the Wall Street Journal, the Christian Science Monitor, The New York Sun, The Chicago Tribune, The Washington Times
, The Orange County Register
, and others. She has appeared on national and international television news programs including Al Jazeera
, Hannity's America
, and The Brit Hume Report.
In September, 2008, Professor Rotunda testified before Congress
about restoring the rule of law in Guantanamo Bay and various legal issues impacting the troops.
Louis Fisher wrote that as a JAG
officer, Rotunda had "a good opportunity to understand the military commissions underway at “Gitmo” and correct misconceptions about the procedures." About the book, he wrote, "For readers hoping for an even-handed assessment, the initial appearance is not promising." Fisher quotes Shepard's statement that the U.S. erred in "imposing rules that made it difficult for prosecutors to respond to defense counsel claims...", and states that "The book never explains what constraints existed...". Of Rotunda's statement that the U.S. erred by "giving detainees more rights than the Geneva Conventions require", Fisher states "They needed them. Unlike prisoners of war, who are released after a war and do not face trial, the detainees were subject to prosecution and possibly the death sentence".
Toronto Star
reporter Michelle Shephard
, author of Guantanamo's Child: The Untold Story of Omar Khadr, in a review of five other books on Guantanamo, described Honor Bound as: "...a poorly written personal account of an Army JAG that glosses over critical events in Guantanamo's history with offhand dismissals." Shephard continued, "There is some interesting legal stuff to ponder – such as how and why has the U.S. administration exceeded or sidestepped the protections of the international Geneva Conventions ...".
Rotunda's publishers found favorable reactions from recognized legal experts. Former United States Solicitor General Theodore B. Olson endorsed the book, saying "No American should miss the opportunity -- and responsibility -- to read it. Bravo!"
Harvard Law professor Alan Dershowitz
called the book an "eye-opening inside account [that] must be read by everyone who cares about balancing national security and human dignity." Dershowitz maintains that the law regarding torture should permit it in the "ticking time bomb" scenario, but Rotunda rejects that view. She opposes torture and called Dershowitz's "ticking time bomb" hypothetical, and "inherently imperfect because it assumes what we cannot know."
which had attempted to strip access to habeas corpus
from captives held at Guantanamo.
Rotunda responded with an op-ed
in the Chicago Tribune
entitled "Supreme Court Ruling Puts Soldiers at Great Risk", that was highly critical of the Supreme Court's ruling. In the years since the ruling Rotunda has appeared on academic panels and published papers criticizing the decision.
In the National Review
, Peter Pham stated that Rotunda had more years of military service than all the nine Supreme Court Justices put together.
According to Pham, Rotunda's position was that:
's Judicial Committee.
In her testimony Rotunda asserted that the protection of the Guantanamo captives' religious freedoms put the guards at risk.
stating that anyone familiar with military culture understood this suggestion was tantamount to an order, which inappropriately put female GIs at risk.
On April 8, 2011, in a Chicago Tribune
op-ed
about those risks, Rotunda triggered controversy.
Rotunda asserted that wearing headscarves prevented the wearing of helmets, and that the recommendation was inconsistent with an earlier policy that prohibited jewish GIs from wearing the yarmulke.
Military spokesman Lieutenant Colonel Michael Lawhorn disputed Rotunda's safety claims, stating that female GIs were not being encouraged to wear headscarves instead of their helmets, that their helmet could be worn over top of a headscarf.
According to Rotunda, the objections from Lieutenant Colonel
Martha McSally
, a female fighter pilot stationed in Saudi Arabia
, had influenced Congress
to pass an "anti-abaya law".
But Rotunda said the 2003 law was specific to female GIs stationed in Saudi Arabia, and had expired.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer, author, and officer in the U.S. Army JAG Corps Individual Ready Reserve
Individual Ready Reserve
The Individual Ready Reserve is a category of the Ready Reserve of the Reserve Component of the Armed Forces of the United States composed of former active duty or reserve military personnel, and is authorized under...
.
She is a law professor at the Chapman University School of Law
Chapman University School of Law
Chapman University School of Law, commonly referred to as Chapman Law or Chapman Law School, is a private, non-profit law school located in Orange, California. The school offers the Juris Doctor degree , combined programs offering a JD/MBA and JD/MFA in Film & Television Producing, and LL.M...
.
Education
She attended the University of WyomingUniversity of Wyoming
The University of Wyoming is a land-grant university located in Laramie, Wyoming, situated on Wyoming's high Laramie Plains, at an elevation of 7,200 feet , between the Laramie and Snowy Range mountains. It is known as UW to people close to the university...
from 1992 to 1999, receiving a B.A. (1996) in history and a 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...
(1999) from the University of Wyoming College of Law
University of Wyoming College of Law
The University of Wyoming College of Law is the law school of the University of Wyoming and the only law school located in Wyoming. It is situated in the beautiful rocky mountains in Laramie, Wyoming at 7,165 ft. between the Laramie Mountains and Snowy Range Mountains...
.
Career
From 2000 through 2003, Rotunda served as an officer in the US Army JAG Corps and she is currently a Major in the Army Individual Ready ReserveIndividual Ready Reserve
The Individual Ready Reserve is a category of the Ready Reserve of the Reserve Component of the Armed Forces of the United States composed of former active duty or reserve military personnel, and is authorized under...
. She is notable for her military service related to Guantanamo Bay, first as a Legal Advisor to the Guantanamo Detention Camp Commander, later as a legal advisor to the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
Criminal Investigation Task Force, then as a Prosecutor for the 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 :...
s. In 2008, she published a book about her experience, titled Honor Bound: Inside the Guantanamo Trials.
From 2003 to 2005, she was the Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
State Planning Coordinator and served as an advisor to then-Governor Dave Freudenthal
Dave Freudenthal
David Duane "Dave" Freudenthal , is an American politician who served as the 31st Governor of Wyoming. A Democrat, he was reelected to his second term on November 7, 2006, and announced on March 4, 2010, that he would not attempt to seek a third term as Governor.-Education and early...
.
In 2006, she became a law professor at the George Mason University School of Law
George Mason University School of Law
George Mason University School of Law is the law school of George Mason University, a state university in Virginia, United States...
, where she was the Director of a pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
law clinic for military personnel and veterans.
In 2008, Rotunda and her husband Ronald Rotunda
Ronald Rotunda
Ronald D. Rotunda is a U.S. legal scholar and professor of law at Chapman University School of Law. Rotunda's area of primary expertise is United States Constitutional law, and is the author of an influential legal treatise on the subject. He is also a senior fellow at the Cato Institute in...
joined a list of former faculty of George Mason University who took positions at the Chapman University School of Law
Chapman University School of Law
Chapman University School of Law, commonly referred to as Chapman Law or Chapman Law School, is a private, non-profit law school located in Orange, California. The school offers the Juris Doctor degree , combined programs offering a JD/MBA and JD/MFA in Film & Television Producing, and LL.M...
. She developed and heads the Chapman pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
law clinic for military personnel and veterans. She was recently named as a Lecturer at University of California, Berkeley, School of Law (Boalt Hall)
UC Berkeley School of Law
The University of California, Berkeley, School of Law, commonly referred to as Berkeley Law and Boalt Hall, is one of 14 schools and colleges at the University of California, Berkeley. Berkeley Law is consistently regarded as an elite and prestigious law school...
, to assist in starting a similar clinic there.
Professor Rotunda advocates for military troops. Her op-ed
Op-ed
An op-ed, abbreviated from opposite the editorial page , is a newspaper article that expresses the opinions of a named writer who is usually unaffiliated with the newspaper's editorial board...
s have appeared in the Wall Street Journal, the Christian Science Monitor, The New York Sun, The Chicago Tribune, The Washington Times
The Washington Times
The Washington Times is a daily broadsheet newspaper published in Washington, D.C., the capital of the United States. It was founded in 1982 by Unification Church founder Sun Myung Moon, and until 2010 was owned by News World Communications, an international media conglomerate associated with the...
, The Orange County Register
The Orange County Register
The Orange County Register is a daily newspaper published in Santa Ana, California. The Register is the flagship publication of Freedom Communications, Inc., which publishes 28 daily newspapers, 23 weekly newspapers, Coast magazine, and several related Internet sites.The Register is notable for its...
, and others. She has appeared on national and international television news programs including Al Jazeera
Al Jazeera
Al Jazeera is an independent broadcaster owned by the state of Qatar through the Qatar Media Corporation and headquartered in Doha, Qatar...
, Hannity's America
Hannity's America
Hannity's America was a weekly American talk show on the Fox News Channel hosted by Sean Hannity. It was replaced in January 2009 with Hannity.-Overview:...
, and The Brit Hume Report.
In September, 2008, Professor Rotunda testified before Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
about restoring the rule of law in Guantanamo Bay and various legal issues impacting the troops.
Honor Bound
Specialist in Constitutional Law at the Library of CongressLibrary of Congress
The Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...
Louis Fisher wrote that as a JAG
Judge Advocate General
In the United Kingdom, the Judge Advocate General and Judge Martial of all the Forces is a judge responsible for the court martial process within the Royal Navy, British Army and Royal Air Force.-Qualifications:...
officer, Rotunda had "a good opportunity to understand the military commissions underway at “Gitmo” and correct misconceptions about the procedures." About the book, he wrote, "For readers hoping for an even-handed assessment, the initial appearance is not promising." Fisher quotes Shepard's statement that the U.S. erred in "imposing rules that made it difficult for prosecutors to respond to defense counsel claims...", and states that "The book never explains what constraints existed...". Of Rotunda's statement that the U.S. erred by "giving detainees more rights than the Geneva Conventions require", Fisher states "They needed them. Unlike prisoners of war, who are released after a war and do not face trial, the detainees were subject to prosecution and possibly the death sentence".
Toronto Star
Toronto Star
The Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...
reporter Michelle Shephard
Michelle Shephard
Michelle Shephard is an investigative reporter with the Toronto Star newspaper in Canada. She has been awarded the Michener Award for public service journalism and twice won Canada's top newspaper prize, the National Newspaper Award. In 2011, she was an associate producer on an Oscar-nominated...
, author of Guantanamo's Child: The Untold Story of Omar Khadr, in a review of five other books on Guantanamo, described Honor Bound as: "...a poorly written personal account of an Army JAG that glosses over critical events in Guantanamo's history with offhand dismissals." Shephard continued, "There is some interesting legal stuff to ponder – such as how and why has the U.S. administration exceeded or sidestepped the protections of the international Geneva Conventions ...".
Rotunda's publishers found favorable reactions from recognized legal experts. Former United States Solicitor General Theodore B. Olson endorsed the book, saying "No American should miss the opportunity -- and responsibility -- to read it. Bravo!"
Harvard Law professor Alan Dershowitz
Alan Dershowitz
Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He has spent most of his career at Harvard Law School where in 1967, at the age of 28, he became the youngest full professor of law in its history...
called the book an "eye-opening inside account [that] must be read by everyone who cares about balancing national security and human dignity." Dershowitz maintains that the law regarding torture should permit it in the "ticking time bomb" scenario, but Rotunda rejects that view. She opposes torture and called Dershowitz's "ticking time bomb" hypothetical, and "inherently imperfect because it assumes what we cannot know."
Comments on the Supreme Court's Boumedienne ruling
In June 2008 the Supreme Court overturned portions of the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
which had attempted to strip access to habeas corpus
Habeas 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...
from captives held at Guantanamo.
Rotunda responded with an op-ed
Op-ed
An op-ed, abbreviated from opposite the editorial page , is a newspaper article that expresses the opinions of a named writer who is usually unaffiliated with the newspaper's editorial board...
in the Chicago Tribune
Chicago Tribune
The Chicago Tribune is a major daily newspaper based in Chicago, Illinois, and the flagship publication of the Tribune Company. Formerly self-styled as the "World's Greatest Newspaper" , it remains the most read daily newspaper of the Chicago metropolitan area and the Great Lakes region and is...
entitled "Supreme Court Ruling Puts Soldiers at Great Risk", that was highly critical of the Supreme Court's ruling. In the years since the ruling Rotunda has appeared on academic panels and published papers criticizing the decision.
In the National Review
National Review
National Review is a biweekly magazine founded by the late author William F. Buckley, Jr., in 1955 and based in New York City. It describes itself as "America's most widely read and influential magazine and web site for conservative news, commentary, and opinion."Although the print version of the...
, Peter Pham stated that Rotunda had more years of military service than all the nine Supreme Court Justices put together.
According to Pham, Rotunda's position was that:
2008 Testimony before a Senate Judicial subcommittee
In September 2008 Rotunda testified before a subcommittee of the United States SenateUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
's Judicial Committee.
In her testimony Rotunda asserted that the protection of the Guantanamo captives' religious freedoms put the guards at risk.
2011 headscarf controversy
In March 2011 Rotunda weighed in on a controversy over whether their superiors should have encouraged female GIs in Afghanistan and Iraq to wear head-scarves to conform to local ideas of females dress,stating that anyone familiar with military culture understood this suggestion was tantamount to an order, which inappropriately put female GIs at risk.
On April 8, 2011, in a Chicago Tribune
Chicago Tribune
The Chicago Tribune is a major daily newspaper based in Chicago, Illinois, and the flagship publication of the Tribune Company. Formerly self-styled as the "World's Greatest Newspaper" , it remains the most read daily newspaper of the Chicago metropolitan area and the Great Lakes region and is...
op-ed
Op-ed
An op-ed, abbreviated from opposite the editorial page , is a newspaper article that expresses the opinions of a named writer who is usually unaffiliated with the newspaper's editorial board...
about those risks, Rotunda triggered controversy.
Rotunda asserted that wearing headscarves prevented the wearing of helmets, and that the recommendation was inconsistent with an earlier policy that prohibited jewish GIs from wearing the yarmulke.
Military spokesman Lieutenant Colonel Michael Lawhorn disputed Rotunda's safety claims, stating that female GIs were not being encouraged to wear headscarves instead of their helmets, that their helmet could be worn over top of a headscarf.
According to Rotunda, the objections from Lieutenant Colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
Martha McSally
Martha McSally
Colonel Martha McSally was a pilot in the United States Air Force. She was the first American woman to fly in combat since the 1991 lifting of the prohibition of women in combat. McSally is also the first woman to command a USAF fighter squadron, the 354th Fighter Squadron based at Davis-Monthan...
, a female fighter pilot stationed in Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, had influenced Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to pass an "anti-abaya law".
But Rotunda said the 2003 law was specific to female GIs stationed in Saudi Arabia, and had expired.