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Darrel J. Vandeveld
Service / branchUnited States Army
RankLieutenant Colonel
Other workProsecutor
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Darrel Vandeveld (1961 (age 62–63)) is an American lawyer and an officer in the United States Army Reserve.[1][2][3][4][5][6]

Vandeveld is notable for asking to resign from his appointment as a Prosecutor before a Guantanamo military commission.[5][7]

Civilian life

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Vandeveld is a resident of Erie, Pennsylvania.[8] Prior to his Guantanamo hitch Vandeveld worked for the the Pennsylvania Bureau of Consumer Protection. The Bureau of Consumer Protection is a Branch of Pennsylvania's Office of the Attorney General. Vandeveld worked in the Erie, Pennsylvania office.

On December 2, 2008, the BBC News broadcast the Vandevelld's first interview following his resignation.[9] According to the BBC local Erie papers praised Vandeveld for taking a stand on principles. On January 17, 2009, Vandeveld published an op-ed in teh Washington Post, entitled, " I Was Slow to Recognize the Stain of Guantanamo".[10] In both his BBC interview and his Washington Post op-ed Vandeveld stressed the role his Roman Catholic faith played in realized the ultimate futility and injustice of prosecuting Mohammed Jawad.


On July 9, 2009, Vandeveld was called to testify before the United States Congress's United States House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties.[11] The Pittsburgh Post-Gazette reported that while this congressional sub-committee was usually lightly attended, the day Vandeveld and several other witnesses testified the hearing room was packed.

On February 27, 2010, Vandeveld was selected to serve as Erie County's Chief public defender.[12]

Military service

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Prior to his Guantanamo service Vandeveld served in Iraq, Afghanistan, Bosnia-Herzegovina, Africa and Germany.[8]

Vandeveld is notable for asking to resign from his appointment as a Prosecutor before a Guantanamo military commission.[5][13] Vandeveld had learned that Mohammed Jawad, one of the five suspects he was assigned to prosecute, was a minor when he was captured, and he came to believe the confessions which were the main evidence against him were tainted by the use of death threats, torture and other abusive interrogation techniques. Vandeveld recommended that Jawad instead should be allowed to plea bargain, followed by immediate release to some kind of parole. When his plea bargain suggestion was rejected Vandeveld asked to resign. His superiors reacted to his request to resign by compelling him to undergo a psychiatric assessment.

According to the New York Times, officials confirmed on September 24 2008 that Lieutenant Colonel Vandeveld resigned over an ethical issue.[1] Vandeveld is the seventh Prosecutor to resign from serving as a Guantanamo prosecutor.[14]

Vandeveld was serving as a Prosecutor in the case of Mohammed Jawad, a Pakistani youth who was charged with participating in a grenade attack in a bazaar in Afghanistan where two American GIs and their interpreter were injured.[1] Colonel Stephen Henley had been growing impatient with the Prosecution, and had given them a deadline to share evidence they had withheld from Major David J. R. Frakt which he suspected could prove exculpatory.

The BBC reports that the withheld evidence includes the confessions of two men who said they were the ones who actually made the attack.[4]

Vandeveld's resignation was filed within the Military Commission system.[1] The New York Times reported he had not commented publicly about his resignation. Carol Rosenberg, of the Miami Herald, quoted from Vandeveld's four page resignation memo[2]:

  • “In my view evidence we have an obligation as prosecutors and officers of the court has not been made available to the defense.”
  • “it seems plausible to me that Jawad may have been drugged before the alleged attack.”

Frakt claimed that Vandeveld had recommended a plea bargain and an early release for Jawad, who was a youth when the event took place, and who had been subjected to coercive "enhanced interrogation techniques", including prolonged sleep deprivation in Guantanamo's frequent flyer program.[1]

Frakt commented that Vandeveld: “could no longer continue to serve ethically as a prosecutor.”[1]

Chief Prosecutor Colonel Lawrence Morris asserted[1]:

  • “...there are no grounds for his ethical qualms.”
  • “All you have is somebody who is disappointed that his superiors did not agree with his recommendation in a case.”

According to Josh Meyers, writing in the Los Angeles Times, Frakt planned to call Vandeveld as a witness, on September 25 2008 or September 26 2008.[3] Vandeveld was willing to testify. But his superiors planned to block his testimony. According to Meyers, Frakt planned to ask Henley, the Presiding Officer, to compel Vandeveld's testimony.

In January 2009, after charged had been dropped against Jawad, but while he still remained in Guantanamo, a fifteen page affidavit from Vandeveld was submitted as part of Jawad's habeas corpus petition.[15] In the affidavit Vandeveld went into detail about the circumstances that convinced him that trying Jawad was a miscarraige of justice, and that Jawad was not actually charged with committing acts that were genuine war crimes.

See also

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References

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  1. ^ a b c d e f g William Glaberson (2009-09-24). "Guantánamo Prosecutor Is Quitting in Dispute Over a Case". New York Times. Retrieved 2008-09-25. mirror
  2. ^ a b Carol Rosenberg (2008-09-25). "Army prosecutor quits Gitmo war court case". Miami Herald. Retrieved 2008-09-25. mirror
  3. ^ a b Josh Meyers (2008-09-25). "Guantanamo prosecutor quits amid controversy". Los Angeles Times. Retrieved 2008-09-25. mirror
  4. ^ a b "Guantanamo prosecutor steps down". BBC News. 2008-09-25. Retrieved 2008-09-25.
  5. ^ a b c Ed Palatella, Lisa Thompson (2008-09-27). "Millcreek man vs. the U.S. Unique connections between Guantanamo Bay and Erie Former official opposes handling of terror case". Go Erie. Retrieved 2008-09-28. The military also asked Vandeveld to undergo a psychological exam in light of his resignation from the Jawad case. Frakt said the request was part of an effort by the military to discredit Vandeveld and keep him from testifying, according to the AP. mirror
  6. ^ Josh Meyers (2008-10-12). "Guantanamo prosecutor who quit had 'grave misgivings' about fairness". Los Angeles Times. Retrieved 2008-10-12. mirror
  7. ^ Schor, Elan (2008). "War crimes charges dropped against five Guantanamo detailees". The Guardian (October 21). Retrieved 2008-10-21. mirror
  8. ^ a b Ed Palattella (2008-10-21). "Charges dropped against detainees: Millcreek reservist had protested how cases handled at Guantanamo". Go Erie. Retrieved 2010-04-13. In September, he called his decision to step down as a prosecutor at Guantanamo and be reassigned 'the most difficult thing I've had to do in my life, but ultimately my duty is to our country and Constitution.' mirror
  9. ^ "Guantanamo 'a stain on US military'". BBC News. 2008-12-02. Retrieved 2010-09-03. For Lt Col Darrel Vandeveld, a devout Catholic, the twin responsibilities of religious faith and military duty led to a profound moral crisis. His resignation has led to charges against six inmates being dropped, at least for now, and called into question the possibility of a fair legal process at Guantanamo. mirror
  10. ^ Darrel J. Vandeveld (2009-01-14). "I Was Slow to Recognize the Stain of Guantanamo". Washington Post. Retrieved 2010-03-16. I wasn't able to discuss any of the cases I was working on with family or friends because most of the information I was working with was classified. As I sank deeper and deeper into despair, I turned to a Jesuit priest who has written and spoken widely about justice, Father John Dear. I could not give Father John much detail, but he understood my plight immediately. "Quit Gitmo," he said without hesitation. "The whole world knows it is a farce. Refuse to cooperate with evil, and start your life over." mirror
  11. ^ Dennis B. Roddy (2009-07-09). "Witnesses criticize military commissions at congressional panel". Pittsburgh Post-Gazette. Retrieved 2010-04-13. mirror
  12. ^ Kevin Flowers (2010-02-17). "Erie County Executive chooses new public defender: State deputy AG Vandeveld gets nod". Go Erie. Archived from the original on 2010-04-14. Darrel Vandeveld, 48, was introduced by Erie County Executive Barry Grossman as the county's top advocate for needy criminal defendants at a news conference Friday afternoon. Grossman cited Vandeveld's 'exemplary' professional record and called him 'the best candidate that Erie County taxpayers could ever hope for.'
  13. ^ Schor, Elan (2008). "War crimes charges dropped against five Guantanamo detailees". The Guardian (October 21). Retrieved 2008-10-21. mirror
  14. ^ "TD Blog Interview with Darrel Vandeveld". The Talking Dog. 2009-02-20. Archived from the original on 2010-04-14. You joined six others (Robert Preston, John Carr, Carrie Wolf, Fred Borch, Stuart Couch and Morris Davis) in resigning from the Guantanamo prosecutions because of the perceived injustice or ethical or other improprieties of them (Col. Borch resigned perhaps for different reasons)...
  15. ^ Works related to Exhibit B: I, Darrel Vandeveld, hereby declare as follows at Wikisource
[edit]
  1. "Time to choose: Mayor, county executive races top ballot". Go Erie. 2005-05-17. Archived from the original on 2010-04-13.
  2. Paul Woodward (2008-10-22). "Guantanamo will remain open after Bush leaves office". The National. Archived from the original on 2010-04-13.
  3. "State sues Erie man in scam credit offer". Go Erie. 2009-05-09. Archived from the original on 2010-04-13. Senior Deputy Attorney General Darrel J. Vandeveld has filed a lawsuit in Erie County Court against Richard E. Wood, charging Wood with violating consumer-protection laws.
  4. Honoring Those Who Said No
  5. The Prosecution Rests: Why Darrel J. Vandeveld left Guantanamo
  6. Darrel Vandeveld
  7. Darrel Vandeveld On Reformed Military Commisions
  8. For lawyer, trial was tribulation
  9. Workshop: Former Guantanamo Bay Prosecutor Speaks Out (October 2010)
  10. Military Commissions Act of 2006: To amend title 10, United States Code, to authorize trial by military commission for violations of the law of war, and for other purposes
  11. USA (GUANTÁNAMO): MILITARY PROSECUTOR IN CHILD ‘ENEMY COMBATANT’ CASE RESIGNS, CITING ‘ETHICAL QUALMS’
  12. Vandeveld's Declaration on Behalf of Guantanamo Detainee Mohammed Jawad
  13. Guantanamo will remain open after Bush leaves office
  14. Guantanamo Prosecutor Who Quit Had ‘Grave Misgivings’ About Fairness
  15. JAWAD'S DAY IN COURT.
  16. LEGAL ISSUES SURROUNDING THE MILITARY COMMISSIONS SYSTEM
  17. The Daily Muck
  18. The Air Force Law Review
  19. Military Accountability (or the Lack Thereof) for Detainee Abuse: The Instructive Case of Mohammed Jawad
  20. The Torture Report
  21. Torture whistleblowers commended by Common Cause, President Carter and high-ranking military officials
  22. Why should I be a muslim
  23. Letter to Obama Signed by Amnesty International USA, Human Rights Watch, Others
  24. THE RULE OF LAW ORAL HISTORY PROJECT The Reminiscences of Yvonne R. Bradley
  25. Tribunal Supervisor Investigated for Abuse of Power at Gitmo
  26. Tribunal drops five terror cases
  27. Honoring Those Who Said No
  28. Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond
  29. Let's Hold Bush Officials Accountable for Torture
  30. Problems in Professional Responsibility for a Changing Profession
  31. The Rule of Law & the Global War on Terrorism: Detainees, Interogations, and Military Commissions Symposium, Part 1
  32. Law's Detour: Justice Displaced in the Bush Administration
  33. Law and the Long War: The Future of Justice in the Age of Terror
  34. US mulling option for 3000 troops to remain in Iraq
  35. Omar Khadr: Domestic and International Litigation Strategies for a Child in Armed Conflict Held at Guantanamo
  36. Reconciling Classified Evidence and a Petitioner's Right to a "Meaningful Review" at Guantanamo Bay: A Legislative Solution
  37. Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy
  38. Military Commissions: A Place Outside the Law’s Reach
  39. ACLU Says Detainee Mohammed Jawad Was Tortured Into Confessions
  40. I Was Slow to Recognize the Stain of Guantanamo
  41. Topic A -- Obama's Balance on National Security and Civil Liberties
  42. Evidence in Terror Cases Said to Be in Chaos
  43. McCain vs. Bush
  44. Around the Nation
  45. Guantanamo Prosecutor Quits, Says Evidence Was Withheld
  46. Guantanamo Case Files in Disarray
  47. Charges Against 5 Detainees Dropped Temporarily
  48. U.S. Judge Challenges Evidence on a Detainee
  49. U.S. Drops Charges for 5 Guantánamo Detainees
  50. Charges dropped against 5 Guantánamo detainees
  51. Detainee Convicted on Terrorism Charges
  52. How Long Is Long Enough?
  53. War crimes charges dismissed in 5 Guantánamo cases
  54. Guantánamo Prosecutor Is Quitting in Dispute Over a Case

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{{DEFAULTSORT:Vandeveld, Darrel J.}} Category:American Christians Category:American lawyers Category:Living people Category:People from Erie, Pennsylvania Category:United States Army officers Category:Guantanamo Military Commission Prosecutors

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