Stephen R. Henley
Encyclopedia
Colonel
Stephen R. Henley is an American
lawyer and an officer in the United States Army
.
He is notable for having been appointed the President of a Guantanamo military commission
.
Brigadier General
Thomas W. Hartmann
the legal advisor to the convening authority—the number two in the Office of Military Commissions testified before the commission. Captain Keith J. Allred
, the President of Salim Ahmed Hamdan
's military commission had previously proscribed Hartmann from participating. Major
David Frakt of the United States Air Force Reserve, defending Mohammed Jawad, was challenging Hartmann's role in choosing Mohammed Jawad's case for prosecution.
On August 14, 2008 Henley barred Hartmann from any further involvement in Mohammed Jawad's military commission.
According to Mike Melia, writing for the Associated Press
, Henley ruled that Hartmann: "...compromised his objectivity in public statements aligning himself with prosecutors and defending the Pentagon's system for prosecuting alleged terrorists."
However, Henley chose not to dismiss the charges against Jawad because of Hartmann's controversial conduct.
He did rule that Frakt was authorized to submit arguments for dropping the charges against Jawad directly to Susan J. Crawford
, the Convening Authority
, as to whether charges against Jawad were justified.
In July 2009 US District Court Judge Ellen Huvelle concluded consideration of Mohammed Jawad' habeas corpus
petition, and ruled was a noncombatant.
On July 28, 2009 Frakt filed a motion before Henley, following Huvelle's ruling.
He argued that the military commissions were only authorized to try illegal enemy combatants, and since he was officially a noncombatant his military commission lacked jurisdiction.
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...
Stephen R. Henley 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 :...
.
President of a Guantanamo military commission
The first hearing Henley presided over took place on June 19, 2008.Brigadier General
Brigadier General
Brigadier general is a senior rank in the armed forces. It is the lowest ranking general officer in some countries, usually sitting between the ranks of colonel and major general. When appointed to a field command, a brigadier general is typically in command of a brigade consisting of around 4,000...
Thomas W. Hartmann
Thomas W. Hartmann
Thomas W. Hartmann is an American lawyer and officer in the United States Air Force Reserve. He has 32 years of criminal, commercial and civil litigation experience. Between 1983 and 1991 he was a prosecutor and defense counsel in the Air Force, including duties as Chief Air Force Prosecutor in...
the legal advisor to the convening authority—the number two in the Office of Military Commissions testified before the commission. Captain Keith J. Allred
Keith J. Allred
-Early Life and Career:Allred entered the Navy in 1979. He received his juris doctorate in 1985 from the University of Washington. He served in the U.S...
, the President of Salim Ahmed Hamdan
Salim Ahmed Hamdan
Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, and imprisoned at Guantanamo Bay. He admits to being Osama bin Laden's personal driver claiming he needed the $200 monthly salary that came with the job....
's military commission had previously proscribed Hartmann from participating. Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
David Frakt of the United States Air Force Reserve, defending Mohammed Jawad, was challenging Hartmann's role in choosing Mohammed Jawad's case for prosecution.
On August 14, 2008 Henley barred Hartmann from any further involvement in Mohammed Jawad's military commission.
According to Mike Melia, writing for the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, Henley ruled that Hartmann: "...compromised his objectivity in public statements aligning himself with prosecutors and defending the Pentagon's system for prosecuting alleged terrorists."
However, Henley chose not to dismiss the charges against Jawad because of Hartmann's controversial conduct.
He did rule that Frakt was authorized to submit arguments for dropping the charges against Jawad directly to 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...
, as to whether charges against Jawad were justified.
In July 2009 US District Court Judge Ellen Huvelle concluded consideration of Mohammed Jawad' 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...
petition, and ruled was a noncombatant.
On July 28, 2009 Frakt filed a motion before Henley, following Huvelle's ruling.
He argued that the military commissions were only authorized to try illegal enemy combatants, and since he was officially a noncombatant his military commission lacked jurisdiction.