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THE Pentagons top legal adviser in the Office of Military Commissions has been disqualified from participating in the prosecution of a detainee at Guantanamo Bay, Cuba.

A naval officer ruled late last week that the adviser exerted improper influence over a team of prosecutors and may have compromised the cases fairness. Captain Keith Allred, who is presiding over hearings in preparation for the militarys trial of an alleged driver for Osama bin Laden, determined that air force Brigadier-General Thomas Hartmann was too closely tied to prosecutors. He is supposed to be a neutral adviser to the official directing the commissions.

In a 13-page ruling issued on Friday, Captain Allred found that General Hartmann pressured prosecutors to present certain cases because they were "sexy", suggesting that factors other than a cases merits "were at play". He also found that General Hartmann appeared to be pushing for prosecutors to use evidence derived by coercion, something Captain Allred found to be "an effort to influence the professional judgement" of the prosecutors.

General Hartmanns removal from the case could mean that top Defence Department officials will need to appoint a new legal adviser to the commission process in the detainees case and might also need to consider doing so in other cases in which General Hartmann has been involved, including pending military trials against six alleged September 11 co-conspirators.

General Hartmann announced the charges against those men, including alleged September 11 mastermind Khalid Sheikh Mohammed, and has been supervising the prosecution of those cases.

WASHINGTON POST

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