Ralph Kohlmann Ralph H . Kohlmann is an American lawyer and officer in the United States Marine Corps . Military career . For his first seven years as an officer Kohlmann served as a combat engineer . He switched to the Judge Advocate General Corps in 1987 . Service in Guantanamo for the Office of Military Commissions . On December 18 , 2005 Kohlmann was announced as a Presiding Officer for the Guantanamo Military Commissions . On Friday January 6 , 2006 the Department of Defense officially appointed Kohlmann to preside over Binyam Mohammed ' s military commission . In its ruling in Hamdan v . Rumsfeld the United States Supreme Court ruled that President George W . Bush lacked the constitutional authority to create military commissions . The Supreme Court had ruled that the United States Congress did have the constitutional authority create military commissions , and Congress subsequently passed the Military Commissions Act of 2006 a few months later , re - instituting military commissions very similar to the earlier Presidentially authorized commissions . On December 13 , 2007 the " New York Times " reported that Kohlmann was appointed to serve as a Chief judge by the Office of Military Commissions . Ordered Peter Brownback ' s replacement . On May 29 , 2008 an e - mail from Kohlmann announced that a new officer was appointed to replace Peter Brownback . The initial lack of explanation triggered commentators to question Brownback ' s firing . Captain Andre Kok , a spokesperson for the Office of Military Commissions , claimed there had been " " a mutual decision between Col . Brownback and the Army that he revert to his retired status when his current active - duty orders expire in June . " " Commenting on this issue , the American Civil Liberties Union pointed to Brownback ' s decision to wait until the Prosecution complied with his order to make public Khadr ' s detention records — which may have substantiated his claims his incriminating statements were the product of abuse . They wrote the Pentagon " " is unwilling to let judges exercise independence if it means a ruling against the government . " " In writing about Kohlmann ' s reassignment of the Khadr case , the " Washington Post " asked readers to : Subsequently The Pentagon claimed that the decision that Brownback would resign was mutual . But Kohlmann issued a statement on June 2 , 2008 , that Brownback had been willing to continue to serve as a military judge . Brownback was a retired officer who had been recalled to active duty in 2004 to serve as the first judge on the first Military Commissions . Kohlmann said " " My detailing of another judge was completely unrelated to any actions that Col . Brownback has taken in this or any other case . Any suggestion that Col . Brownback asked to return to retired status before the case of US v . Khadr was completed is also incorrect . " " Lieutenant Commander William Kuebler , Omar Khadr ' s assigned military lawyer , noted that authorities had been advertising for " new " officers to volunteer to serve on the Military Commissions , and called the decision " " odd to say the least " " . According to Carol J . Williams , writing in the " Los Angeles Times " Kuebler said : Khalid Sheikh Mohammed trial . In September 2008 , he presided as judge at the trial of Khalid Sheikh Mohammed . Marine Corps Retirement . In November 2008 , Department of Defence officials announced that Kohlmann was relinquishing his duties as the Military Judge in the military commissions of the 9 - 11 hijackers . Due to his impending retirement , Kohlmann detailed Colonel Stephen Henley , U . S . Army , to replace him as the Military Judge in the 9 - 11 cases . Kohlmann continued to serve as the Chief Judge of the Military Commissions until December 2008 . He was succeeded in that position by Colonel James Pohl , U . S . Army . Kohlmann accepted a position as a civilian attorney in the Department of the Navy Office of General Counsel in January 2009 . Civilian life . At it 2012 annual meeting the American Bar Association hosted a presentation entitled " " " " . Kohlmann and several other current and former key figures in the military commission system participated in the presentation .