IMMEDIATE RELEASE

Convening Authority Rules on Military
Commission’s Contempt Proceedings
Against Brig. Gen. Baker
Office of Military Commissions – Convening Authority
Release No: OMC CA PA 001-21NOV2017
Nov. 21, 2017
The Office of Military Commissions (OMC) Convening Authority (CA) has reviewed the
contempt proceedings against Brigadier General John G. Baker, United States Marine Corps,
Military Commissions Defense Organization. The CA has determined that the findings of the
military judge are correct in law and fact. The CA is forwarding the findings and record of
proceedings to the appropriate authority overseeing Brig. Gen. Baker's service as a Judge
Advocate within the Department of the Navy, the DoD Standards of Conduct Office, and the
DoD General Counsel’s Office, and the Staff Judge Advocate to the Commandant of the United
States Marine Corps for an administrative ethics review. The CA is not requiring that Brig. Gen.
Baker pay the original $1,000 fine or serve the remaining confinement term, which was initially
21 days.
With regard to the underlying security concerns that led to the attempted resignation of
defense counsel in the case of United States v. Al-Nashiri, the CA will also recommend to the
Joint Detention Group at Guantanamo Bay that a “clean” facility be designated or constructed
which would provide continued assurances and confidence that attorney-client meeting spaces
are not subject to monitoring, as the commission proceeds.
The CA noted that it was within the military judge’s authority to rule upon the defense
counsels' request to withdraw from the case. The presiding judge, US Air Force Colonel Judge
Vance Spath, found that there was “no good cause” to withdraw after reviewing both the
classified and unclassified information concerning the defense's motion.
During the Oct. 31 proceeding, Judge Spath said, “On 20 September 2017, again after
consideration of all the classified and unclassified filings… there wasn't any basis to find there
had been an intrusion into attorney-client communications between this accused and this
defense team.”

 The CA acknowledged that the classified nature of the proceedings have shaped the
commission’s proceedings. The declassification of relevant documents concerning this matter
needs to be expedited to ensure the now-classified analysis can be shared with the appropriate
parties to reinforce the integrity of the process. The CA will work with the necessary
declassification authorities to improve this area of concern.
###

For all press-related issues, please contact Commander Ron Flesvig, US Navy
Public Affairs Officer for the Office of Military Commissions Convening Authority.
Office: 571-372-3713 / Mobile 218-591-4060
ronald.e.flesvig.mil@mail.mil
More information is available at the Office of Military Commissions website, http://www.mc.mil