Patrick M. McCarthy

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For the American cardiac surgeon, see Patrick M. McCarthy (surgeon).
Patrick M. McCarthy
Capt. Patrick M. McCarthy addresses the Guantanamo Bay Bar Association.jpg
Service/branch United States Navy
Rank Captain

Patrick M. McCarthy is an American lawyer and officer in the United States Navy.[1] He was appointed Commander on July 12, 2001.[2] He was appointed Captain on May 23, 2006.[3]

Captain McCarthy was Staff Judge Advocate in Okinawa, Japan from November 1992 until July 1995, legal advisor to the Commandant of Midshipmen at the United States Naval Academy from July 1995 to August 1997, Staff Judge Advocate to the Iceland Defense Force from June 1998 to July 2001, Staff Judge Advocate of Joint Task Force Guantanamo from May 2006 to July 2008, and in 2010 was Staff Judge advocate to Joint Task Force 435 (TF 435), which is responsible for U.S. detention policy in Afghanistan.[4]

United States Naval Academy[edit]

Then Lt. Cdr. McCarthy, while posted as legal advisor to the Commandant of Midshipmen, was involved in the arrest and eventual conviction of Diane Zamora for murdering Adrianne Jones. When McCarthy was informed Midshipmen had indicated Ms. Zamora had participated in the murder, McCarthy called authorities in the Fort Worth, Texas area, and Ms. Zamora was finally arrested, and later convicted, for the crime.[5] McCarthy was eventually called as a witness at the trial of Zamora.[6]

Guantanamo Bay[edit]

He was appointed Joint Task Force Guantanamo’s Staff Judge Advocate, its lead attorney, from May 2006 to Summer, 2008.[7][8]

He was interviewed on the program, "Fresh Air":

Guantanamo has been [incorrectly] painted as a place where detainees are sent and are held incognito, where they lack access to courts, their family members and the media. We are holding those individuals here who should be held based on the fact that they are enemy combatants, and they continue to pose a threat to the U.S.[1]

He filed an affidavit, accompanying a court filing, noting that detainee lawyers had gathered information from the detainees for news organizations, and the lawyers had provided detainees with accounts of events outside Guantanimo, like a speech at an Amnesty International conference and details of terrorist attacks. Such information, his affidavit said, threatens the security of the camp, as it could incite violence among the detainees. [9] He said that in one case a detainee's attorney took questions from a BBC reporter with him into a meeting with a detainee at the camp, and that such indirect interviews are "inconsistent with the purpose of counsel access" at the prison.[10]

Captain McCarthy gave testimony at the trial of Omar Khadr, where he stated “Mr. Khadr was always very respectful...He had a pleasant demeanor. He was friendly.” Captain McCarthy went on to state “Fifteen-year-olds, in my opinion, should not be held to the same level of accountability as adults”, arguing that Omar Khadr has the potential to be rehabilitated.[11]

Afghanistan[edit]

In 2010, Captain McCarthy served as Staff Judge Advocate to Joint Task Force 435, which is responsible for U.S. detention policy in Afghanistan.[12] After this 13 month tour, Captain McCarthy was stationed as Staff Judge Advocate at United States Pacific Command on August 1, 2011.[4]

References[edit]

  1. ^ a b Spc. Shanita Simmons (2007-10-31). "JTF head attorney sets record straight on detainee abuse allegations". JTF-GTMO. Archived from the original on November 7, 2007. Retrieved 2008-02-22. 
  2. ^ "THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: To be commander". Congressional Record, 107th Congress (2001-2002). 2001-07-12. Retrieved 2011-12-06.  mirror
  3. ^ Congressional Record, Part 7. Government Printing Office. p. 9186. ISBN 978-0-16-086154-3. 
  4. ^ a b "Leadership Biographies: CAPT PATRICK McCARTHY, JAGC, USN Staff Judge Advocate, U.S. Pacific Command". Pacific Command. 2011-08-01. Retrieved 2011-12-06.  mirror
  5. ^ Meyer, Peter (2007). Blind Love: The True Story of the Texas Cadet Murder. Macmillan publishing. pp. 173–190. ISBN 978-1-4299-3802-0. 
  6. ^ Newton, Chris (February 11, 1998). "Defense gets its turn in Zamora trial". Texas News (AP Scripps). Retrieved 28 January 2011.  mirror
  7. ^ Daniel Jones (Winter 2007). "IA: Life at Guantanamo Bay". Navy Jag. p. 10. Retrieved 2008-02-22. CAPT Patrick McCarthy has been leading our team since May 2006 and will continue to do so until next summer.  Media related to File:2007_Winter_JAGMAG.pdf at Wikimedia Commons
  8. ^ "Patrick McCarthy after being sworn in as the Guantanamo Bay Bar Association's new president". Guantanamo Gazette. 2006-11-17. p. 8. Retrieved 2008-09-08.  Media related to File:Guantanamo Bay Gazette, volume 63, number 47.pdf at Wikimedia Commons
  9. ^ Glaberson, William (April 26, 2007). "U.S. Court to limit lawyers at Guantanamo". The New York Times. An affidavit by a Navy lawyer at Guantánamo, Cmdr. Patrick M. McCarthy, that accompanied the filing, said lawyers had gathered information from the detainees for news organizations. Commander McCarthy also said the lawyers had provided detainees with accounts of events outside Guantánamo, like a speech at an Amnesty International conference and details of terrorist attacks.  mirror
  10. ^ Carol D. Leonnig and Eric Rich (2006-11-04). "U.S. Seeks Silence on CIA Prisons". Washington Post. In an affidavit, Guantanamo's staff judge advocate, Cmdr. Patrick M. McCarthy, said that in one case a detainee's attorney took questions from a BBC reporter with him into a meeting with a detainee at the camp. Such indirect interviews are "inconsistent with the purpose of counsel access" at the prison, McCarthy wrote.  mirror
  11. ^ Fox, Ben (October 28, 2010-10-28). "Soldier’s widow confronts killer at Gitmo". Navy Times. Retrieved $1 $2. McCarthy told jurors he believes Khadr has the potential to be rehabilitated in part because of his age. ‘Fifteen-year-olds, in my opinion, should not be held to the same level of accountability as adults’, he said.  Check date values in: |date=, |accessdate= (help) mirror
  12. ^ Thompson, Scott. "Making a Difference: Navy judge advocates and legalmen excel in the". Jag Mag. Retrieved 2011-01-28. CAPT Pat McCarthy, staff judge advocate for TF-435, headquartered in Kabul, provides legal advice to the TF-435 commander on the full spectrum of legal issues at the operational and strategic level.  Media related to File:JAGMAG II 2010 (MAKING DIFF).pdf at Wikimedia Commons