☰ In this section

The Champion

June 2018 , Page 14 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

NACDL News: Court Vacates Contempt Conviction Against Marine Brig. Gen. John Baker, Chief Defense Counsel for the Military Commissions

By Ivan J. Dominguez and Ian Nawalinski

Read more NACDL News columns.

On June 18, 2018, U.S. District Court Judge Royce Lamberth vacated the criminal contempt conviction against Marine Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense Organization (MCDO). In a 27-page opinion, the court found that Military Judge Spath’s summary conviction of Gen. Baker was “unlawful because only a military commission acting through its regularly constituted members is authorized to convict a person of any offense under Chapter 47A” and “a military judge is not a member of a military commission nor is he ‘the military commission’ within the meaning of that chapter.”

©NACDL-Zach_Schermerhorn_General_John_Baker_Photo_EDIT1
Photo by Zach Schermerhorn
Brigadier General John G. Baker, USMC

On Nov. 1, 2017, Judge Spath held Gen. Baker in contempt and sentenced him to 21 days confinement in his quarters and a $1,000 fine. Spath held Baker in contempt after Baker’s determination on Oct. 13, 2017, that there was good cause to allow the withdrawal of three civilian members of the defense team in the case

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us
ad

In This Section

Advertisement Advertise with Us
ad