College of Law

Guantanamo Pictures

Students observe Guantanamo Bay Military Commissions

The subject of several significant cases in the Supreme Court, including Hamdan v. Rumsfeld and Boumediene v. Bush, and ongoing federal court litigation, the Guantanamo Bay military commissions continue to be one of the biggest legal controversies of the past decade.

Since 2013, 13 College of Law students have observed military commission proceedings at the Guantanamo Bay Naval Base in Cuba after being designated as official human rights observers by the Department of Defense Office of Military Commissions.

Linda Amrou ’15, Drew Ayers ’14, Steven Cole ’14, Bryant Green ’15, Jonathon Hoover ’15, Zachary Laumer ’15, Evan Matheney ’16, Joseph Pine ’14, Jillian Roth ’14, Trent Sulek ’14, Audrey Sweeney ’14, JD Walbom ’16, and Sheila Willamowski ’13 were each in Guantanamo Bay for a week or more to observe ongoing pretrial proceedings in the 9/11 Military Commission’s hearings for Khalid Sheikh Mohammed and others, as well as the Cole Bombing Military Commission for Abd al-Rahim al-Nashiri.

Professor Benjamin Davis was the first Toledo Law representative granted observer status. After visiting Guantanamo in January 2013, he coordinated the students’ applications and visits.

“The goal is to have students live history and learn from that direct experience to complement what they have learned in the classroom,” said Davis. “As long as these commissions are ongoing and there is student interest, we will continue this program.”

While in Guantanamo Bay, Professor Davis and students observed the wide range of pretrial motions that the military judge addresses in organizing this unique criminal proceeding. Victims’ families, observers from domestic and international organizations, and the press sit in a gallery separated by glass from the courtroom. Those in the gallery watch proceedings on television monitors, each with a 45-second delay.

The proceedings to date have been riddled with controversy. There were allegations that the mail of defendants’ attorneys was being read and that monitoring devices had been placed in attorney-client meeting rooms. And, in January 2013, argument in open court was interrupted by an outside intelligence agency.

“My biggest takeaway from GITMO was that the military personnel [assigned to the cases] were an amazing group of professionals dealing with the horrible situation that Congress and both recent presidents had given them,” said Jonathon Hoover, who visited Guantanamo in May 2014. “It was amazing to know I had witnessed history firsthand.”

“To me, the most surprising thing about my trip was the amount of access we were given,” said Drew Ayers, who visited Guantanamo in December 2013. “I ate breakfast every morning with the defense attorneys and occasionally had dinner with them. It provided a great time to get inside their heads. We talked strategy and motion preparation.”

In addition to observing daily proceedings and meeting legal teams from both sides, students interacted with representatives of domestic and international organizations, as well as the press.

After their return, many students complete papers on their experiences for credit as part of the advanced research and writing program. Amrou, Cole, Sulek, Sweeney, and Professor Davis also shared their experiences during panels and lectures at the law school on two occasions.

Photos by Drew Ayers, Jonathon Hoover, and Zachary Laumer.

This story first appeared in the Fall 2014 Transcript.

Last Updated: 6/27/22