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Bin Laden Aide Is Charged at First Tribunal

"We challenge the presiding officer," Swift said, adding that he discovered a tape of a conversation in which Brownback reportedly stated his opinion about detainees' rights to a speedy trial.

The disclosure of the tape appeared to take Brownback by surprise. Still, he said he would forward Swift's challenge and the tape to John D. Altenburg Jr., a retired Army major general who serves as the supervisor of the commissions and will decide whether to dismiss Brownback.


Salim Ahmed Hamdan, 34, was formally charged at Guantanamo Bay with conspiracy as an al Qaeda member to commit war crimes. (Neal Katyal Via AP)

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Brownback declined to halt the proceedings while a decision is pending. "I will not hold the proceedings in abeyance," he said.

Swift and the military prosecutor, Navy Cmdr. Scott M. Lang, later began to question the remaining members of the commission: four panelists and one alternate, all military officers. Swift ultimately asked five of the six commissioners, including Brownback, to step down.

Swift questioned Air Force Lt. Col. Timothy Toomey, an intelligence officer who was involved in operations in Afghanistan and Iraq, and Marine Col. R. Thomas Bright, who supervised an operation that sent suspected terrorists and Taliban fighters to Guantanamo Bay. Each said he could be fair-minded during the proceedings.

Swift also questioned Marine Col. Jack K. Sparks Jr., who said he had lost one of his reservists in the attack on the World Trade Center. The Marine reservist was a firefighter, and the commission member attended his funeral and visited Ground Zero a few weeks after the attack.

"Were you angry?" Swift asked.

"I would imagine that everyone who saw it was angry," Sparks responded.

Swift concluded the questioning by turning to Army Lt. Col. Curt S. Cooper. At one point, he asked Cooper if he knew what the Geneva Conventions were.

"Not specifically, no, sir," Cooper responded, prompting Swift to call him unqualified to serve and to ask for his removal as well.


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