OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS TRIAL JUDICIARY 4800 Mark Center Drive, Suite 11 F09-02 Alexandria, VA 22350-2100 Trial Judiciary 5 November 2015 U.S. Department of Justice Executive Office for Immigration Review Office of Human Resources 5107 Leesburg Pike, Suite 2300 Falls Church, VA, 22041 Dear Sir or Ma'am: Colonel Vance Spath has my enthusiastic and unqualified endorsement for selection as an Immigration Judge. I truly believe his background and experience will make him one of your top candidates. I had the honor and pleasure of serving as Colonel Spath's primary attorney-advisor or law clerk from April 2014 until August 2015 as he presided over four (4) sessions of the complex, capital charged Military Commission case of United States vs. al-Nashin', the alleged mastermind behind the bombing of the USS Cole. I currently serve as the Staff Director for the Trial Judiciary charged with overseeing the 12 staff attorneys and 9 paralegals providing this advice and counsel to Colonel Spath and the other military judges. I joined the Trial Judiciary following a 26 year career as an Army Judge Advocate, retiring at the rank of Colonel in September 2013. As Colonel Spath's primary attorney-advisor I observed him daily, in and out of the courtroom, during each session of this trial at U.S. Naval Station, Guantanamo Bay, Cuba. We also worked closely together in our offices in Alexandria, Virginia reviewing classified discovery, crafting rulings and orders, and planning how he would proceed during those sessions. It is important to note the courtroom is a Sensitive Compartmented Information Facility (SCIF) located outside the continental United States, the information presented can be classified at the highest levels and all support and almost any witness required must travel to Guantanamo Bay, Cuba. In my opinion this is the second most complex capital case in U.S. history, only the on-going five (5) accused, joint, capital charged Military Commission case involving the alleged planners of the September II,2001 attack is more complicated. During the sessions over which Colonel Spath presided, he consistently treated the counsel, some being uniformed Judge Advocates, some being Department of Justice prosecutors and the civilian learned counsel; court personnel; guard force personnel; technical staff; witnesses; and, the Accused with the upmost dignity and respect. He Pr~ntadon 0 Recycled Paper - - runs an efficient and e f h d k couhe b in chaw of hia m u r b m . Yet c a u w know they h a w every opportunity to pm%mt thek positiwlr to the f u b t , and be will rule in a fair and just manner. He is hity organkd, but not rl@Mh h h managing of each setah. He moved the forward W r d tM in an od&y manner, m d maintained the high& professional and judmi decorum In the face of the most chathgirg of IcqW or adrninbtmh delays -used by enBb.8 in and out of hb sphere ofjudicial inflwnce. Vame Spath b a man of honor and integrity. Hs is an ex-tjund mmr PUr Farae offioer a d jurist. The arttribute$ which m&e him r s umam in the milhry and in his presiding ow^ thb M i l w Camrnbhn case will make him a pWiw ah to the Executive Qffice for Immigration Review as an Immigatbn J-. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE LEGAL OPERATIONS AGENCY (HQAFLOA] .- MEMORANDUM FOR ALL MIIUNG AUTHORITIES FROM: AELONJAJ 15OQ W. Perimeter Road, Suite 13 10 Joint Base Andrews, MD 20762 SUBJECT: Lcttcr of Reference - Colonel Yance H.Spath I have known and worked ~vithColonel Vance Spath in a v~rietyof capacities since 1992. He is an extraardina~yjurist,a bold and decisive leadel; and the premier judge advocate in the Air Force rnilitary justice arena. 1 consider it an extraordinary privilege and honor to write this reference lettcr on his behalf, I entered the Air Force with a direct commissiar~in I991 and have s e ~ ~ ns e dan ~ctive duty judge advocate since then. I have served 311 a variety of assigm~~ents including prosecution and defense, nlultipIc tours at l~eadquwterslevels including the Pcr~tngon,as wcll as two nssigtuvc~~ts as the lead attortley at Air Force base legal offices. I am currently serving as the Director uf the Air Force Judiciaiy. In tllis capacity T oversee approxitnntely 300 lawyers, paralegrlls, and support personnel in five separate divisions erico~~lpassing rnilltary justice policy, trial and appellate government and defense counseI, and probation and clei~~cllcy activities. At our first assignment, Yance and I worked together as assista~ltstaffjudge advocates in the base legal ofice af ltara~steinAir Base, Germany, and then tried cases against each other--1 as defense counsel and he as prosecutor. Our follow on assignments from Rnmstein found us both stationed in San Antonio, Texas, again ~vitIlme as defense counsel and Vance as prosecutor. Over the course of the faur years tve overlapped in these advcrsnrinl roles, I represented Inore than 100 cliellts where lie was either the opposing counsel 5s the advisor to command, Our assign~nentsoverlapped ngnin when I was serving as the chief of milita~yjristice at Air Force Space Command and 11e was the deputy staffjudge advocate at Schriever Air Force base, one of thc cight subordinate wings. In this capacity T llnd the opporttrnity to review d l of the military justice cases being handlcd at all eight wings and to discuss the effectiveness of the justice progmms at each wing wjtl~the scnior coillrnand judge advocates. When we both moved on to mn our own legal offices, we remained in frequent contact as we discussed the cl~aliengesof handIing the civil and justice portfolios nssociated wid1 nlnning what is essentially A srnall city with a uniqz~emiIitary mission--his 111issio11 being nuclear weapons and including several extraol*dinarysituations related to ir~tenllationrllscrutiny of high visibility issues. As I moved to my second lcgaI office, Vancc nloved to the bench as a trial judge. In that capacity he tried several cases n t my base and I had the opportunfty to observe him in the courtroom in this fnr different capacity tvhere he set the standard for professional control of the coz~l-troom.Finally, our careers brought 11s 10 the Washington D.C. area where we have had fiequent connection tf~rougha variety of jobs. Again, I had the oppol-tzttlityto observe Vance's perfomance in some of the i-rlost~F~allengii~g IegaI jobs in tile Air Force, ta interact with him in thorn jobs, and to witness the cdmillatIon of his years of experience into a reputation of excellence across the Air Force Jude Advocate Geueral'a Corps. My opinion of Vance's qdficaticln to m e as an Itnmiptiol~Judge b founded in the context of the unique f n t d o n s deacrikd above. Not once over the span of this the, r e p d l w of whether our posiliom mre adversarial, peer, or at different positions In the military hierarchy, have I had any q d o n about his inkpity, I have had the privilege to see m mtrwordiinary young Iawy~rcvalve over two decades into an absolute expert not just in military justice, but in the ability to lead complex organizations through the most challenging circumstances. In tht court room, in the oo&er's omce, and mundthe confemoe table, he b m e d m p c t with his unfailing integrity and utmost dedication to the mission, He i8 relied upan by the most seniorjudge advocates in the Air Force far his insight and ability to h d e the nosfcomplex b s deftly and with absolute professiomli9m, CHARLES C. KILLION, &Ionel, USAF Director, United States Air Force Judiciary DEPARTMENT OF THE AIR FORCE WASHINOTON, DC OnFce Of The General Counsel Julia J. Muedeking Associate General Counsel E 740 Air Force Pentagon, Suite 4C756 Washington, DOC,28330-1740 I . I am pleased to enthusiasticnlly recommend Vance Spatith to sene as an Immigration Judgc, My rer;ommendation is based on my personal knowledge of Vance's dedication to the highest standards of jurisprudence, his commitment to IegaI excellence, and his outstanding character. Vance would be a weIcome addition to any officc and will undoubtedly cxcel in his past-Air Force career. 2. 1 had the distinct pleasure o f workEng for Vancc as one of his newer attorneys when he sewed as the Staff Judge Advocate at F.E, Warrcn Air Force Base in Cheyenne, Wyoming in 2006. During that time I witnessed not only his leadership and pradice of law first hand, but I hnd the honor of being rncntorcd by him then and for the past 9 years. Vancc taught me how to prcpara cases for trial, how to dissect complex lagal issues, how to provide candid advice to a va~ietyof clients, but more importantly he taught me the significance of equity and fairness. Vance reviewed every military justice case personally and although his s~rperiarswere sometimes more conccrncd with media or political reactions, I watched Vance weigh the needs o r the accused, the victims, and the justice system before giving his advice or rendering a decision; even if the result was not always thought to be the: most popular by senior leaders. Vance demonstrated not only a commitment to public service, but to the integrity of the law. 3, Vance is someone who listens first, then thorougl~lyand objectively considers a11 facts and legal issues before reaching a conclusion. EIc is also one of the few lawyers I have met and worked 6 t h who is willing to reconsider a prior opinion if the circumstances warrant. He Imows getting thc right answer is more important than personally being right. Although Vance is extremely passionate about the practice of law, he conducts himself in a professional manner with a temperament that always seems to fit the given situation. Whether ha is litigating a case, presiding as ajudge, or advising the wing commander about a contract issue, Vanm provides spot on legal analysis that i s second to none. 4. Vance has a keen intellect and sound reasoning, but more importantIy he is respected by his collcagucs, his peers, his supervisors, and his subordinates. Hc is a scasoned leader with the highest caliber of professional skills and legal instincts, Although I no longer have the honor of working for Vznce, 1 have personally watched his judicial career from thc Ileadquarters level, Vance has not only excelled, he has thrived at his cul~enthigh demand, pressure packed job. Despite the demands on his t h e , Vance continues to provide me sage advice and counsel as I p r o d through my legal c m . V m ' s experience in the Air Force as a lawyer ha&him to &ectively . y e as an Immigration Judge. He has earned the mpect:of dl he has served with and can be expected to act in rt mat?tter above reproach, no matter what the cim-w. I do not hesit~teto say that given the opportunity I would be honored to work for Vmce again or have him work wjfh me in the future. Ifyou have the chanceto hire him, you should take it. You will not regret that deoision. 5 , PIdo not hesitate to contact me &odd you need additional i n f o d o n . I can be remhed at, considemtion of this letter. Julia J. Mudeking Associate aemml C 0 ~ l (Intelligence, Intmudanal and Military ~~) DEPARTMENT OF THE AIR FORCE AIR FORCE COURT OF CRIMINAL APPEALS . WASHINGTON, D.C. United States Department of Justice Executive Office for Immigatlon Review 5 107 kesbzug Pike, Stute 23 00 Falls Cl~wch,VA 2204 1 Colonel Mark L, Allred USAFlJAH 1500 West Perimeter Road, Suite 1900 Joint Base Andrews Naval Air Facility (JBNAF), MD 20762 J cannot imagine how you could h d a h e r candidate far an Immigration Judge thari Cot one1 Vance Spath, I know his reputation, his work ethic, his career history, and his ability- and he would be perfect for the job. , 1served as s criminal hiafjudge for nine yeam culminating as the Chief Trial Judge of the Air Force from 2010-2014. In 2014,1 was selected Chief Judge of the Air Force Court of Criminal Appeals a position I hold today. I strongly recommended to my boss, The Judge Advocate General of the Ah Force, that Vmm take over as the 13th Chief Trial Judge of the Air Force. My boss and 1 agreed there could not possibly have been a better candidate. Vance was selected and has served tremendwsly WhiIe I was the Chief Trial Judge, Vance worked for me. He saved as one of my Chief Regional Judges. His performance was absolutely second to none. During the two years t h ~1t supervised him 1considered him the very best of more than 20 hal judges, As ChiefAppelIate Judge, 1 conhue to oversee his work. His command of the courtroom is superb. His mastery of the law is evident in his every ding. His demeanor is perkt - exactly what is hoped for in a trial judge. He treats all who appear befare: hi~nand work around h h with the utmost dignity and respect. He follows the law - zeaIously, He teaches, trains, and mentors counsel at caurses and events across the Air Force, md the reviews he: receives from this service are Ellways exceptional, I truly cannot conceive of anyone betier suited for a position as an lmrnigration Judge, In writing this, I h o w yola are looking for cormnents on htegiiy, attitude, and demeanor. HopfEIlIy, the above give you some idea how biddy I think of Vance. He has the attributes you seek - in abundance. I would never have recommended him to become the Chief Tiid Judge of the A.k Force if I thought otheiwise. He has excelled as the Chief, and, M y , that is no surprise given his exceptional career, He wiII do p a t things for your agency, and you will not be disappointed in the least if you choose to hire kirn, Please feel h e to cantact m ) with any questions. e Sincerely, Chief Appellak ~ i 1 i h Judge y APPLICANTS NAME: Vance H. Spath PLACE OF EMPLOYMENT:Circuit Trial Counsel DATES OF EMPLOYMENT: 1995-1998 NAME OF INOlVlDUAL QUESTIONED: Col. Mark All red, paths cross often through career RELATIONSHIP TO APPLICANT: Employer [XI Supervisor &-Worker YEARS OF RELATION TO APPLICANT: From 1996To:present 1. Toyour knowledge, isthis person reliable, honest, trustworthy and ofgood character? [XI Yes No (If no, explain) impeccable rep 2. Do you have any reason to question this person's loyalty to the US.? LJ Yes E l No (If no, explain) 3. Du you know of anything questionable in the applicant's background? El Yes E l No (tf no, explain) 4. Would you recommend this person for a position of national security in the U.S. Govt.? El Yes No (If no, explain) 5. Please fiunish any other information you may wish to offer. No (If no,explain) Very highly regarded by the US Air Force judiciary. Yes Known throughout JAG corps as one of the best litigators in the corps. Firm, tough, fair. Demands professionalism, holds high standard. Firm but fair. Topnotch. 6. Reason applicant left (or is leaving) this position? No (If no, explain) currently in position El Yes 7. Is this person eligible for rehire? H Yes No (If no, explain) 8. To your knowledge, has this person ever been fd from any job for any reason, or quit a job after being notified that hdshe would be be? Yes IXI No Inquiry conducted by; Deepali N M PRIVACY ACT (The following information should k provided to the person king interviewed concerning this questionnaire.) Under the provisions of the Privacy Act of 1974, the information that you provide can be released to the applicant unless you specifically indicate that you do not want the idomtion released. Please indicate your preference. This infomation IXI CAN or CANNOT be wieasd to the applicant. Printed name and signature of employee conducting this inquiry Date APPLICANTS NAME: Vance M. Spath PLACE OF EMPLOYMENT: Staff Judge Advocates, working together DATES OF EMPLOYMENT: 2 0 W ~ r e s NAME OF INDIVIDUAL QUESTIONED: b I . Rebecca Vernon RELATlONSHlPTO APPLICANT: Employer Supemisor El Co-worker YEARS OF RELATION TO APPLICANT: From 2000To: present 1. To your knowledge, is this person reliable, honest, trustworthy and of good character? N Yes No (If no,explain) 2. Do you have any reason to question this person's loyalty to the US.? Yes IXI No (If no,explain) 3. Do you know of anything questionable in the applicant's background? Yes Ed No (If no, explain) 4. Would you recommend this person for a position of national security in the US. Govt.? Yes I7 No (If no, explain) 5. Please furnish any o k information you may wish to offer. No (If no, explain) One of the most trustworthy Col. Vernon has met in her career. Knows law very well, articulates it well, and great teacher to others. Good leader. Phenomenal leader. Even-keeled. Passionate about the law. Has done some of the AF's toughest cases. Creates educational tools to help others. Helpd train some trial judges. Forward thinker, finding ways to improve processes. 6. Reason applicant left (or is leaving) this position? IX1 Yes No (If no, explain) still in position 7. Is this person digible for rehire? El Yes No (If no,explain) Click here to enter text. 8. To your knowledge, has this person ever been fired from any job for any r-n, or quit a job aRer king notified that hdshe would be fired? Yes No (XI Yes [7 Inquiry conducted by: Deepali Nadkarni PRIVACY ACT (The following information should be provided to the person being interviewed concerning this questionnaire.) Under the provisions of the Privacy Act of 1974, the information that you provide can be r e l e d to the applicant unless you specifically indicate that you do not want the information reI&. Please indicate your preference. This information H CAN or [7 CANNOT be r e 1 4 to the applicant. Deepali Nadkarni Printed name and signature of employee conducting this inquiry mzno16 Date APPLICAWS NAME: Vance H. Spath PLACE OF EMPLOYMENT: OfRce of the Chief Judge, US Air Force DATES OF EMPLOYMEMT: 2OlCpresent NAME OF INDIVIDUAL QUESTIONED: Fred Taylor, Smff Director/Office of Military Commissions RELATIONSHIP TO APPLICANT Employer Supervisor Co-worker YEAM OF RELATION TO APPLICANT; From 2014To:present 1. To your knowledge, is this person reliable, honest, trustworthy and of good character? No (If no, explain) €4 Yes 2. Doyouhaveanyreasontoguestionthisperson'sloya~totheU.S.? Yes No (If no, explain) 3. Do you know of anything questions ble in the applicant's background? Yes El No (If no, explain) 4. Would you recommend this person for a position of national security in the U.S. Govt.? Yes No (If no, explain) 5. Please furnish any other information you may wish to offa. IXI Yes No (If no, explain) Very good judge. Runs a good courtroom. He treats dl parties with dignity and respect. Doesn't get mad at anyone despite buffoonery. Rolls with technical problems in courtroom without ado. Measured, systematic, thoughtful in decisionW n g . Considers, weighs all evidence and comes to a decision in a timely manner. Pushes cases forward without at expense of parti-' rights. Doesn't cut corners. Very personable, works well with others. Pleasure to work with and for him. 6. Reason applicant left (or is leaving) this position? No (If no, explain) currently in position dks No (If no, explain) Click here to enter text. 7. Is this person eligible for rehire? d Y e s 8. To your knowledge, has this pason ever been fired from any job for any reason, or quit a job Yes &er being notified that helshe would be M? IE3 No Inquiry conducted by: Deepali Nadkarni PRIVACY ACT (The following idormation should be provided to the pmon being i n W e w & concerning this questionnaire.) Under the provisions of the Privacy Act of 1974, the infomation that you provide can be released to the applicant unless you specifically indicate that you do not want the information released. Please indicate your preference. This infomation IXI CAN or CANNOT be released to the applicant. Dee@ Nadkarni Printed name and @atwe of employee conducting this inquiry am016 Date Telephone