WCL Student Heads to Guantanamo Bay to Observe Military Commissions In-Person
Michael McNerney (pictured above) is a third year student at American University Washington College of Law (WCL) and a former United States Air Force officer. Recently, as part of its commitment to advancing the fair administration of military justice and fostering improved public understanding of the military justice system, the National Institute of Military Justice (NIMJ) sent McNerney to observe the military commissions at Guantanamo Bay, Cuba.
McNerney’s journey to Guantanamo actually began several years ago. He graduated from college in 2001, planning to take a year off before beginning law school. That summer he spent a week touring the monument sites in Washington, and was impressed by how accessible sites like the Capitol Building were. The 9/11 attacks came a few months later, and McNerney wanted justice for the victims. He decided that he wanted to serve his country, and received his Air Force commission nine months later.
Upon witnessing the proceedings at Guantanamo, McNerney felt first-hand what he already understood from an intellectual standpoint.
"It's a powerful experience to see these commissions in person and sit in the same room with the men who changed so many American lives," says McNerney. "Everyone in the courtroom overflows with emotion."
McNerney’s visit was part of a recent series of visits to Guantanamo Bay by NIMJ . Since NIMJ obtained official alternate observer status for the commissions in October 2008, its representatives have traveled to Guantanamo Bay five times in order to observe commissions hearings, including those of the alleged child soldier Omar Khadr and the self-confessed 9/11 mastermind Khalid Sheik Mohammed.
“We were quite pleased when Mike was able to attend the military commissions during the historic inauguration week,” said Michelle Lindo McCluer, director at NIMJ. “Receiving real-time updates from Mike as the parties and military judges responded to President Obama’s executive orders was great, and we plan to continue to monitor the detainee cases in whatever form they are reconstituted later this year.”
During his visit, McNerney was struck by the range of feeling on display by those in the commissions. Some raged at the unapologetic viciousness of the detainees, while some directed frustration at the inadequacy of the commissions themselves.
Indeed, McNerney's observations about the proceedings were eye-opening.
"Lawyers are forced to argue confusing points of law," says McNerney, "and judges have almost no precedent to guide them in making their decisions. Some of the alleged conspirators in the 9/11 case were captured in 2002 and still aren't even at the point where they can enter pleas."
He also offered some unsettling insight into the courtroom behavior of detainees who are on trial.
“They abuse the translators and make endless requests for irrelevant paperwork,” he said. “They follow current events and know precisely what to say to get their message into the media. They also refuse to cooperate with their lawyers and know exactly how far to push the judge.”
Based on what he saw during his visit to Guantanamo, McNerney knows that change is the order of the day for the military commissions, wherever they are held. Even as this part of the military justice system is in transition, his hope is that the four priorities of justice, national security, expediency, and legal stability are all considered as the U.S. moves toward a new era in military justice.
For more information on American Univeristy Washington College of Law programs or the National Institute of Military Justice, please contact Jason Policastro at policastro@wcl.american.edu.
