Army Officer Says Gitmo Panels Flawed

Lt. Col. Stephen Abraham poses Friday June 22, 2007 in a law office in Newport Beach, Calif. Abraham, a 26-year veteran of military intelligence, who played a key role in the "enemy combatant" hearings at Guantanamo Bay says tribunal members relied on vague and incomplete intelligence while being pressured to rule against detainees, often without any specific evidence, according to an affidavit released Friday. (AP Photo/Chris Carlson) (Chris Carlson - AP)

Cynamon said he fears the officer's military future could be in jeopardy. "For him to do this was a courageous thing but it's probably an assurance of career suicide," he said.

Abraham said he had no intention of leaving the service. "I have no reason to doubt that the actions I have taken or will take uphold the finest traditions of the military," he said.

The military held Combatant Status Review Tribunals for 558 detainees at the U.S. Naval Base at Guantanamo Bay in 2004 and 2005, with handcuffed detainees appearing before panels made up of three officers. Detainees had a military "personal representative" instead of a defense attorney, and all but 38 were determined to be "enemy combatants."

Abraham was asked to serve on one of the panels, and he said its members felt strong pressure to find against the detainee, saying there was "intensive scrutiny" when they declared a prisoner not to be an enemy combatant. When his panel decided the detainee wasn't an "enemy combatant," they were ordered to reconvene to hear more evidence, he said.

Ultimately, his panel held its ground, and he was never asked to participate in another tribunal, he said.

Matthew J. MacLean, another al-Odah lawyer, said Abraham is the first member of the CSRT panels who has been identified, let alone been willing to criticize the tribunals in the public record. His affidavit was submitted to a Washington, D.C., appellate court on al-Odah's behalf as well as to the Supreme Court.

"It wouldn't be quite right to say this is the most important piece of evidence that has come out of the CSRT process, because this is the only piece of evidence ever to come out of the CSRT process," MacLean said. "It's our only view into the CSRT."

In April, the Supreme Court declined to review whether Guantanamo Bay detainees may go to federal court to challenge their indefinite confinement. Lawyers for the detainees have asked the justices to reconsider. The Bush administration opposes the request.

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Associated Press writer Matt Apuzzo in Washington contributed to this report.