The chief counsel to Connecticut-based MXenergy Holdings Inc. and an Air Force reservist with experience as a military prosecutor, he was called up for active duty in July 2007 specifically for the Guantanamo post.
Joseph DellaVedova, a spokesman for Hartmann and the Office of Military Commissions, said the general was aware of the Air Force investigation but neither he nor the office could comment. "Typically on investigations there is not much we can say until the investigation is done," he said.
Hartmann's dual legal role at Guantanamo was controversial from the beginning.
He was responsible for providing legal advice to the war crimes administrator, known as the convening authority, who must make impartial rulings on issues raised by both the prosecution and defense. Hartmann was also responsible for supervising the prosecution of enemy combatants, but not personally intervening in the work of the prosecutors.
Hartmann has steadfastly denied any wrongdoing, testifying in several Guantanamo cases that he acted aggressively but not improperly. The Pentagon has publicly portrayed his transfer as a promotion, given in appreciation for his work in successfully pushing the embattled military commissions process forward after years of delays.
But three Guantanamo judges since May have barred Hartmann from serving as legal advisor in their cases, after supporting at least a portion of defense claims that he exerted "unlawful influence."
Air Force Col. Morris D. Davis, who resigned as chief Guantanamo prosecutor in October 2007 after frequent clashes with Hartmann, said that "full, fair and open trials were not possible under the system," and that it had become deeply politicized under the hard-charging general.
He and others said Friday that they welcome the investigation, because the Pentagon has, for the most part, skirted the issue of whether Hartmann undermined the tribunal process by repeatedly overstepping his legal authority and improperly meddling in cases.
Davis and a military defense lawyer told The Times that they have been interviewed at length by the probe's chief investigator, Air Force Brig. Gen. Steven J. Lepper, about a wide range of issues involving Hartmann's conduct.
In his interview, Davis said, he told Lepper that Hartmann "grossly exceeded his role as a neutral and independent and impartial legal advisor."
