James L. Pohl

Colonel James L. Pohl is an American lawyer and an officer in the United States Army.[1]

He is notable for having been appointed the President of a Guantanamo military commission.[1] He is Presiding over the Commission of Ahmed Darbi and Abd el-Rahim al-Nashiri.[2] He is notable for serving as the judge of several of the GIs in the Abu Ghraib torture and prisoner abuse cases, and barring the demolition of 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.[2]

Pohl received his J.D. from Pepperdine University in 1978.[2]

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.[3] Pohl argued that tribunal rules give the judges sole authority to delay cases and that postponing proceedings against Abd al-Rahim al-Nashiri was not reasonable and "does not serve the interest of justice".[4] According to Carol Rosenberg, writing in the Miami Herald, Pohl's ruling stated[5]:

  • "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 Jeffrey Gordon: "The Department of Defense is currently reviewing Judge Pohl's ruling. We will be in compliance with the president's orders regarding Guantánamo."[3] According to Fox News, Pentagon spokesman Geoff Morrell said that Pohl will be directed to comply with Obama's executive order.[6]

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 the Convening Authority for the Office of Military Commissions, or Al Nashiri's prosecution, withdrew the charges.[3][4]

Assigned to investigate the Fort Hood shootings

Pohl was assigned to serve as the investigating officer for the article 32 hearing for Major Nidal Malik Hasan, the suspect in the Fort Hood shootings.[7]

References

  1. ^ a b "Col., James L. Pohl, US Army". United States Air Force. p. page 9. http://media.miamiherald.com/smedia/2008/04/02/10/judgesbios.source.prod_affiliate.56.pdf. Retrieved 2008-06-19.  mirror
  2. ^ a b c Carol Rosenberg (2009-01-05). "New Guantanamo chief judge warns of change with Obama". Idaho Statesman. http://www.idahostatesman.com/1425/story/623260.html. Retrieved 2009-01-06.  mirror
  3. ^ a b c Newspapers, McClatchy (2009-01-30). "Former commander of attacked US war ship slams Obama over Guantánamo". London: The Guardian. http://www.guardian.co.uk/world/2009/jan/30/guantanamo-closure-uss-cole-obama. Retrieved 2009-01-30. 
  4. ^ a b Peter Finn (2009-01-29). "Military Judge Denies Obama Request to Suspend Guantanamo Hearings". Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2009/01/29/AR2009012902021_pf.html. Retrieved 2009-01-29. 
  5. ^ Carol Rosenberg (2009-01-29). "Guantánamo judge defies Obama's order for freeze". Miami Herald. http://www.miamiherald.com/1218/story/879325.html. Retrieved 2008-09-28.  mirror
  6. ^ "Military Judge Refuses to Halt Trial of USS Cole Bombing Suspect". Fox News. 2009-01-29. http://www.foxnews.com/politics/2009/01/29/military-judge-refuses-halt-trial-uss-cole-bombing-suspect/. Retrieved 2009-01-30. 
  7. ^ Valentino Lucio (2010-02-13). "Hearing date for Hasan delayed". San Antonio Express. http://www.mysanantonio.com/news/84314202.html. Retrieved 2010-02-13. "Col. James Pohl, the investigative officer assigned to the case, granted a request from the defense to delay the start of the hearing, which was originally set for March 1. Pohl served on a Guantanamo military commission and oversaw the case of U.S. troops charged in the Abu Ghraib prison scandal."