Peter Brownback

Peter E. Brownback III is a retired military officer and lawyer. He was appointed to be a Presiding Officer on the Guantanamo military commissions, by retired general John D. Altenburg.

Brownback is also a combat veteran who served two tours in Vietnam. The first as part of the 173rd Brigade and later as a member of the US Special Forces. He was the honour graduate of his special forces course that he completed in 1972. The Washington Post reported: "...that Brownback and Altenburg have known each other since 1977, that Brownback's wife worked for Altenburg, and that Altenburg hosted Brownback's retirement party in 1999."

Defense attorneys challenged the bias of five of the six presiding officers, including Brownback. Three officers were removed by Altenburg, but Brownback was allowed to remain. Brownback was the only officer appointed to the first commission who had any legal training.

Dismissed charges against Omar Khadr
On June 4, 2007, in a move the BBC described as a "stunning blow" to the Bush Presidency's detainee policy, Brownback dismissed all charges against Canadian youth Omar Khadr.

In the Summer of 2006 the United States Supreme Court overturned the then current version of the Guantanamo military commission on constitutional grounds. The Supreme Court had ruled that the Bush Presidency lacked the constitutional authority to institute military commissions. The Supreme Court however, did rule that the United States Congress did have the constitutional authority to set up military commissions.

In the fall of 2006 the Congress passed the Military Commissions Act, which authorized military commissions similar to those the Supreme Court overturned, to try "unlawful enemy combatants".

However, Brownback and Captain Keith J. Allred, ruled that since Khadr and Salim Ahmed Hamdan's Combatant Status Review Tribunals had not determined that they were "unlawful enemy combatants", but merely "enemy combatants", the commissions lacked jurisdiction to try them.

None of the remaining Guantanamo captives have had a "competent tribunal", like the AR-190-8 Tribunal, make a determination as to whether they broke any of the laws of war that would strip them of the protections of Geneva Conventions Prisoner of War status.

November 2007 Guantanamo Military Commission hearings
An appeal court determined that the Presidents of Military Commissions themselves had the authority to determine whether the captives were lawful combatants. Brownback reconvened Khadr's proceedings on Thursday November 8, 2007. Before Brownback made his determination as to whether Khadr was an unlawful combatant lawyers were allowed to challenge Brownback over whether he was an appropriate person to sit as Khadr's judge. When one of Khadr's lawyers had asked his whether he had said he had "taken a lot of heat" for his June ruling he acknowledged he had. But he ruled that he was sufficiently independent to serve as a neutral judge.

Brownback postponed making a ruling on whether Khadr was a lawful or unlawful combatant, giving attorneys more time for preparation. The next two sessions were scheduled for December 7, 2007 and January 13, 2008.

Replaced
On May 29, 2008 a new officer was appointed to replace Brownback.