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This is a major topic of discussion among my colleagues (I am a Marine judge advocate). Some good background reading in a blog post by a fellow Marine: http://

This is a major topic of discussion among my colleagues (I am a Marine judge advocate). Some good background reading in a blog post by a fellow Marine: http://www.caaflog.com/2017/11/02/the-non-contempt-contempt-proceedings-at-guantanamo/ http://www.caaflog.com/2017/11/02/the-non-contempt-contempt-... The gist is that "contempt of court" in the Gitmo commissions is narrower than it is in most other courts, and this was likely outside the power of Col Spath. Additionally, the subject the judge was discussing (BGen Baker's dismissal of several defense counsel) was removed from the judge's purview recently, so he shouldn't even have been issuing orders in the first place. I have the utmost respect for BGen Baker, and hope his conviction is swiftly overturned.

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jaggederest 9y ago
I'm curious how, in this context, a Colonel is giving orders to a Brigadier General.
- torstenvl 9y ago
  Rock, paper, billet description. Col Spath was the sitting military judge over the tribunal, and BGen Baker is the chief defense counsel.
  - neurotech1 9y ago
    Would the judge still be at risk for 'disrespecting a superior officer' no matter what the billet?
    - torstenvl 9y ago
      In this case, no. When the senior officer is of a different service, they are considered "superior" only if actually in the chain of command. In general, this can be a source of tension. But ultimately, billet trumps rank. If the gate guard tells the Colonel that he can't come through the gate, the Colonel would do well to obey.
      - ISL 9y ago
        Seconded: General order #1 covers this sort of thing. https://en.wikipedia.org/wiki/General_Orders_for_Sentries https://en.wikipedia.org/wiki/General_Orders_for_Sentries
      - jasonjei 9y ago
        > If the gate guard tells the Colonel that he can't come through the gate, the Colonel would do well to obey. Does this include the US President, commander-in-chief, hypothetically?
        yladiz 9y ago
        Hypothetically, the US president could just make some calls that would eventually reach to the gate guard’s superior and allow him through.
- ceejayoz 9y ago
  The Court is giving the orders, I'd imagine.
nraynaud 9y ago
I have a question arising from the article: what is a "learned counsel", google is giving me garbage when I search it (I guess it's a word that bring money to SEO people). I am not a native english speaker.
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- torstenvl 9y ago
  This refers to the requirement to have attorneys of a certain level of experience on a given case. The Navy Lieutenant (O-3) is still serving as defense counsel to the detainee even after BGen Baker dismissed the civilian counsel. But due to the above requirement, the case cannot proceed with him alone. For those looking for more detail, Rule 506(b) in the Manual for Military Commissions reads: "Capital Offenses. In any case in which the trial counsel makes a recommendation to the convening authority pursuant to R.M.C. 307(d) that a charge be referred to a capital military commission, or in which the convening authority refers a charge to a capital military commission, the accused has the right to be represented in accordance with section (a) above, and by at least one additional counsel who is learned in applicable law relating to capital cases. The right to be represented by at least one additional counsel who is learned in applicable law relating to capital cases terminates at such time as all charges for which the death penalty is authorized are dismissed or referred as a non-capital offenses. Such appointment of learned counsel shall be in accordance with regulations prescribed by the Secretary of Defense. If necessary, such additional learned counsel may be a civilian andmay be compensated in accordance with regulations prescribed by the Secretary of Defense." http://www.mc.mil/Portals/0/2010_Manual_for_Military_Commissions.pdf http://www.mc.mil/Portals/0/2010_Manual_for_Military_Commiss...
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jaggederest 9y ago

I'm curious how, in this context, a Colonel is giving orders to a Brigadier General.

torstenvl 9y ago
Rock, paper, billet description. Col Spath was the sitting military judge over the tribunal, and BGen Baker is the chief defense counsel.
- neurotech1 9y ago
  Would the judge still be at risk for 'disrespecting a superior officer' no matter what the billet?
  - torstenvl 9y ago
    In this case, no. When the senior officer is of a different service, they are considered "superior" only if actually in the chain of command. In general, this can be a source of tension. But ultimately, billet trumps rank. If the gate guard tells the Colonel that he can't come through the gate, the Colonel would do well to obey.
    - ISL 9y ago
      Seconded: General order #1 covers this sort of thing. https://en.wikipedia.org/wiki/General_Orders_for_Sentries https://en.wikipedia.org/wiki/General_Orders_for_Sentries
    - jasonjei 9y ago
      > If the gate guard tells the Colonel that he can't come through the gate, the Colonel would do well to obey. Does this include the US President, commander-in-chief, hypothetically?
      - yladiz 9y ago
        Hypothetically, the US president could just make some calls that would eventually reach to the gate guard’s superior and allow him through.
ceejayoz 9y ago
The Court is giving the orders, I'd imagine.

nraynaud 9y ago

I have a question arising from the article: what is a "learned counsel", google is giving me garbage when I search it (I guess it's a word that bring money to SEO people). I am not a native english speaker.

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torstenvl 9y ago
This refers to the requirement to have attorneys of a certain level of experience on a given case. The Navy Lieutenant (O-3) is still serving as defense counsel to the detainee even after BGen Baker dismissed the civilian counsel. But due to the above requirement, the case cannot proceed with him alone. For those looking for more detail, Rule 506(b) in the Manual for Military Commissions reads: "Capital Offenses. In any case in which the trial counsel makes a recommendation to the convening authority pursuant to R.M.C. 307(d) that a charge be referred to a capital military commission, or in which the convening authority refers a charge to a capital military commission, the accused has the right to be represented in accordance with section (a) above, and by at least one additional counsel who is learned in applicable law relating to capital cases. The right to be represented by at least one additional counsel who is learned in applicable law relating to capital cases terminates at such time as all charges for which the death penalty is authorized are dismissed or referred as a non-capital offenses. Such appointment of learned counsel shall be in accordance with regulations prescribed by the Secretary of Defense. If necessary, such additional learned counsel may be a civilian andmay be compensated in accordance with regulations prescribed by the Secretary of Defense." http://www.mc.mil/Portals/0/2010_Manual_for_Military_Commissions.pdf http://www.mc.mil/Portals/0/2010_Manual_for_Military_Commiss...

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