At least three other prosecutors quit the tribunals in recent years, claiming improper political meddling and other inappropriate behavior by Hartmann and others that they believe stacked the deck against defendants there.
One of them said he too was contacted by Lepper as part of the investigation. He spoke only on the condition of anonymity, citing the ongoing investigation. He said he believes Hartmann "was hammering on other prosecutors to move faster on cases, in one instance demanding that three or more cases a month be initiated" even if they were not ready.
A Pentagon inquiry last year into similar accusations by Davis largely absolved Hartmann, but warned him to avoid getting personally involved in prosecution efforts.
Lepper, a widely regarded staff judge advocate at Scott Air Force Base in Illinois, was tapped for the investigation after one military defense lawyer brought detailed complaints about Hartmann to Lt. Gen. Jack L. Rives in July.
Rives, the judge advocate general for the Air Force, referred the matter to his advisory committee on professional responsibility, which launched a preliminary inquiry and reported that a full investigation was warranted, according to Lt. Col. Alan Liu, chief of the JAG Corps' professional responsibility division.
Liu said that there is no timeline and that the probe is likely to involve numerous interviews, given Hartmann's central role in the tribunals. He said that if Hartmann was found to have acted improperly, he would face administrative sanctions that could include removal of his judge advocate general certification. Other military lawyers familiar with the probe said that Rives could transfer Hartmann away from the Guantanamo cases or even ask for his retirement.
Air Force Maj. David J.R. Frakt, a defense lawyer for Guantanamo detainee Mohammed Jawad, said he came forward with allegations about Hartmann because military regulations require one lawyer to report another if there is "a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer."
"I do believe that Brig. Gen. Hartmann has acted in a manner that raises substantial questions as to his honesty, professionalism and fitness as a lawyer," Frakt said, "and I believe his conduct has been prejudicial to the fair administration of justice in the military commissions."
