THE LAW OFFICE OF DAVID FRAKT
Fleming IslAnd, Orange Park,FLorida
"Frakt brought out the realities of Jawad’s treatment in his closing argument . . .an argument that was a remarkable display of legal and moral courage."Pulitzer-Prize Winning Journalist Anthony Lewis in The New York Review of Books
"Major David Frakt of the Air Force Reserve, who was assigned to defend another Guantánamo prisoner, told MSNBC’s Rachel Maddow that he and all the other defense lawyers in the system consider the tribunals “unfair, rigged” and unconstitutional." NY Times Editorial,
January 17, 2009.
David Frakt in the Media
Orlando Story - Wrongful conviction overturned. 30 year sentence set aside for David Frakt's client. Read about it in the Orlando Sentinel. Read more and see the news story on Channel 6 CBS news. December 17, 2015.
OPD Opens Internal Affairs Investigation Into 2011 Arrest Orlando Sentinel, December 15, 2015
Over the last decade, David has been quoted by virtually every major newspaper and magazine in the country. When major media outlets want an expert on military law, David is on the shortlist of people to call for insightful commentary.
Here is a sampling of recent stories in which he was quoted:
U.S. v. SrA Charles Wilson III (David Frakt, lead defense counsel)
March 13, 2015: Air Force Times article, "Fewer Charges for Airman in Capital Murder Case"
January 20, 2015: Air Force Times article "Airman's defense seeks to unseat Gitmo judge"
January 15, 2015: Miami Herald article "Airman asks judge to quit murder trial over
Pentagon’s ‘Guantánamo-first’ rule"
Bradley Manning Case
Bradley Manning Pretrial Hearing Reaching New Level Of Secrecy Huffington Post, May 6, 2013
Bradley Manning Deserves 60-Year Sentence, Government Argues Huffington Post, August 19, 2013
Bradley Manning Found Guilty Of 19 Counts, Not Guilty Of Aiding The Enemy
Huffington Post, July 30, 2013
Bradley Manning Aided The Enemy Because He Knew Al Qaeda Uses The Internet, Prosecutors Charge
Huffington Post, July 9, 2013
Sexual Assault in the military
How the Military's 'Bro' Culture Turns Women Into Targets The Atlantic Magazine, September 2013
Military lawyers confront changes as sexual assault becomes big news ABA Journal, September 2013
Terrorism/National Security Cases
US delays prison for Somali man as officials tell of 'intelligence watershed' The Guardian, December 2013
Fort Hood shooting: Judge nixes Nidal Hasan defense strategy. What now? Christian Science Monitor, June 14, 2013
TV/RADIO
David is also a frequent commenter on television and radio programs. Here is a sampling of his media appearances:
December 14, 2015, CBS News Radio (interview about decision to try Sgt Bowe Bergdahl in a General Court-Martial)
July 30, 2013: Simi Sara Show, CKNW, Canadian Public Radio (discussing Bradley Manning verdict)
May 18, 2013: Occupied Territory with Mike Feder, Sirius XM TalkLeft (sole guest on one hour show devoted to Guantanamo)
May 1, 2013: The Today Show, NBC
April 30, 2013: NBC Nightly News with Bryan Williams
April 1, 2013: Radio Times with Marty Moss-Coane, WHYY Philadelphia (discussing current events at Guantanamo)
March 27, 2013, HuffPost Live “Starving for Freedom” – Discussed ongoing hunger strike at Guantanamo and other issues surrounding closure of Guantanamo
April 4, 2011: MSNBC, Interview with Cenk Uygur concerning announcement that 9-11 alleged co-conspirators would be tried in military commissions.
December 22, 2010: BBC/PRI’s “The World” Interview with Marco Werman “Review for Guantanamo Detainees:
November 16, 2010: BBC/PRI’s “The World” Interview with Lisa Mullins “Impact of UK’s Guantanamo Settlement”
September 14, 2010: “Intelligence Squared” debate series at NYU, New York, NY ▪ Broadcast on Bloomberg News and National Public Radio.
August 10, 2010: BBC/PRI’s “The World” Interview with Katy Clark
November 24, 2009, CBC, As It Happens (discussed representation of child soldiers at Guantanamo)
November 15, 2009, CNN, invited guest of anchor Don Lemon discussing Secretary of Defense’s decision to withhold photographs depicting detainee abuse.
July 30, 2009: BBC/PRI’s “The World” (discussed winning release of Guantanamo detainee client Mohammed Jawad)
July 29, 2009: CBC, As It Happens (Part 2)
May 15, 2009: MSNBC, The Rachel Maddow Show
January 30, 2009: BBC/PRI’s “The World” interview with Marco Werman
January 22, 2009: National Public Radio, On Point with Tom Ashbrook “Closing Guantanamo”
January 12, 2009: MSNBC, The Rachel Maddow Show
July 21, 2008: Wisconsin Public Radio’s “Here on Earth” The Politics of Patriotism,
July 4, 2008: BBC/PRI’s “The World” Interview with Marco Werman
News Coverage of David Frakt's Guantanamo Military Commission Cases 2008-9
David served as lead defense counsel with the Office of the Chief Defense Counsel, Office of Military Commissions from April 2008 to August 2009. During this time, his two cases received significant media attention. Here is a list of many of the major news stories covering his cases.
Carol Rosenberg, “Comedy of Errors as War Court Complex Debuts,” Miami Herald, May 7, 2008.
Michael Melia, “Lights, Sound Go Out as Glitches Plague Debut of Guantanamo Bay War-Crimes Courthouse” (The Associated Press, May 7, 2008)
Carol Rosenberg, “Glitches Mar Debut of Guantánamo War Court,” Miami Herald, May 8, 2008.
Randall Mikkelsen, “Technical Flaws Mar Hearing in New Guantanamo Court,” Reuters, May 8, 2008,
Michael Melia, “Messages on 'Detainee News Network' Call for Detainees to Boycott War-Crimes Trials” (The Associated Press, May 9, 2008)
Stacy Sullivan, “Osama bin Laden's Media Director Puts on a Show at Guantanamo,” The Huffington Post, May 12, 2008,
Stacy Sullivan, “The Forgotten Kid of Guantánamo,” Salon, May 27, 2008,
Andy Worthington, “Fact Sheet: The 16 Prisoners Charged in Guantanamo's Military Commissions,” The Huffington Post, May 27, 2008
David McFadden, “Defense Alleges Gitmo Detainee Was Victim of Sleep-Disruption Tactic; Seeks Dismissal” (The Associated Press, May 29, 2008)
Alan Gomez, “9/11 Suspect Finally Goes to Trial in Military System,” USA Today, June 5, 2008
Josh White, “Detainee's Attorney Seeks Dismissal Over Abuse,” The Washington Post, June 8, 2008
Ben Fox, “Guantanamo War Crimes Hearings Resume Amid Pending Legal Challenges” (The Associated Press, June 18, 2008)
Jane Sutton, “Guantanamo Prisoner Cites 2-Week Sleep Deprivation,” Reuters, June 19, 2008
Ben Fox, “Guantanamo Detainee Tells Military Court He Was Subjected to Sleep Deprivation” (The Associated Press, June 20, 2008)
Carol Rosenberg, “Afghan Tells of Sleep Deprivation,” The Miami Herald, June 20, 2008,
Jane Sutton, “Judge Urged to Drop Guantanamo Charge,” Reuters, June 20, 2008,
Jo Becker, “The War on Teen Terror,” Salon, June 24, 2008
Deborah Colson, “The Supreme Court Returns the Constitution to Guantánamo,” The Huffington Post, June 25, 2008,
Andrew O. Selsky, “Guantanamo's Days Numbered, Tough Choices Ahead” (The Associated Press, June 28, 2008)
Andrew O. Selsky, “What's Next for Gitmo?” (The Associated Press, June 29, 2008)
Michael Winship, “What Patriotism Is, and Is Not,” Bill Moyers Journal, July 2, 2008,
Mike Melia, “Records Show Guantanamo Prisoner Hurt by Sleep Deprivation, Lawyer Says” (The Associated Press, July 11, 2008)
Ross Tuttle, “More Meddling at Gitmo,” The Nation, July 17, 2008
“Tactic Used After It Was Banned,” The Washington Post, August 8, 2008
Mike Melia, “Adviser to Guantanamo Trials Faces More Criticism” (The Associated Press, August 13, 2008)
Mike Melia, “Pentagon Official Removed from 2nd Gitmo Trial” (The Associated Press, August 14, 2008)
Jane Sutton, “U.S. General Barred from Another Guantanamo Trial,” Reuters, August 14, 2008,
Joseph Goldstein, “Psychologists Are Split Over Gitmo,” The New York Sun, August 15, 2008
Mike Melia, “Guantanamo Prisoner Boycotts War Crimes Trial” (The Associated Press, August 15, 2008)
Carol Rosenberg, “Alleged al Qaeda Propagandist: Convict Me Next,” Miami Herald, August 15, 2008.
Jane Sutton, “Guantanamo Trial May Proceed Without Defendant,” Reuters, August 15, 2008,
Carol Rosenberg, “Guantánamo Detainee Wants to Sit out Trial,” Miami Herald, August 16, 2008.
Jo Becker, “American Credibility on Trial at Guantánamo Bay,” Salon, August 20, 2008,
Andy Worthington, “Controversy Still Plagues Guantanamo's Military Commissions,” The Huffington Post, September 10, 2008,
William Glaberson, “Guantánamo Prosecutor Is Quitting in Dispute Over a Case,” The New York Times, September 24, 2008,
Randall Mikkelsen, “Guantanamo Prosecutor Quits, Citing Ethics Concerns,” Reuters, September 24, 2008,
Peter Finn, “Guantanamo Prosecutor Quits, Says Evidence Was Withheld,” The Washington Post, September 25, 2008,
Anthony Lewis, “Official American Sadism,” The New York Review of Books, September 25, 2008
Mike Melia, “Guantanamo Prosecutor Quits Over Detainee Case” (The Associated Press, September 25, 2008)
Mike Melia, “Gitmo Prosecutors Seeks Immunity for Testimony” (The Associated Press, September 25, 2008)
Mike Melia, “Former Gitmo Prosecutor Blasts Tribunals” (The Associated Press, September 27, 2008)
Andy Worthington, “The Dark Heart of Guantanamo,” The Huffington Post, October 2, 2008
Andy Worthington, “New Evidence of Systemic Bias in Guantanamo Trials,” The Huffington Post, October 10, 2008,
Josh Meyer, “For Lawyer, Trial was Tribulation,” Los Angeles Times, October 12, 2008 http://8.12.42.31/2008/oct/12/nation/na-gitmo12
Dan Ephron, “The Biscuit Breaker,” Newsweek, October 18, 2008
Ross Tuttle, “Smearing Colonel Vandeveld,” The Nation, October 20, 2008
William Glaberson, “War Crimes Charges Dismissed in 5 Guantánamo Cases,” The New York Times, October 21, 2008,
Andrew O. Selsky, “U.S. Drops Terror Charges Against 5 at Guantanamo” (The Associated Press, October 21, 2008)
Eric Umansky, “Gitmo Dismissals Don’t Include One of Most Problematic Cases,” ProPublica, October 22, 2008,
Stacy Sullivan, “Confessions of a former Guantánamo prosecutor,” Salon, October 23, 2008,
Danica Coto, “US Air Force Investigates Gitmo Legal Official” (The Associated Press, October 25, 2008)
Josh Meyer, “Tribunals Overseer Under Investigation,” Los Angeles Times, October 25, 2008
David McFadden, “Bin Laden Aide Boycotts His Own Guantanamo War Crimes Trial With Lawyer,” The Huffington Post, October 27, 2008
Carol Rosenberg, “Alleged Al Qaeda Video-Maker Boycotts Own Trial,” The Miami Herald, October 27, 2008
Jane Sutton, “Al Qaeda Media Chief Stands Mute at Guantanamo,” Reuters, October 27, 2008,
David McFadden, “Guantanamo Prisoner and Lawyer Boycott Trial” (The Associated Press, October 28, 2008)
Carol Rosenberg, “War Court Judge: Threats to Family Is Torture,” The Miami Herald, October 28, 2008,
Carol Rosenberg, “Terror Trial to Showcase Gadgetry, Spy-Plane Imagery,” The Miami Herald, October 28, 2008,
Jane Sutton, “Al Qaeda Media Man Vows to Wage Jihad by Pen,” Reuters, October 28, 2008
David McFadden, “Judge Tosses Detainee Confession Citing Torture” (The Associated Press, October 29, 2008)
Eric Umansky, “Gitmo Tribunal: Things Fall Apart,” ProPublica, October 29, 2008, http://www.propublica.org/article/gitmo-tribunal-things-fall-apart-1029
Eric Umansky, “Pentagon Investigating Gitmo Abuse? Who Knows,” ProPublica, October 29, 2008
Jane Sutton, “Verdict Reached but Not Read at Guantanamo,” Reuters, October 31, 2008,
David McFadden, “Bin Laden Videomaker Faces Life in Gitmo Trial” (The Associated Press, November 1, 2008)
Carol Rosenberg, “Al Qaeda Media Man Wouldn't Phone Home,” The Miami Herald, November 3, 2008,
Carol Rosenberg, “Bin Laden Propagandist Convicted,” The Miami Herald, November 3, 2008
Carol Rosenberg, “Bin Laden Video-Maker Gets Life,” The Miami Herald, November 3, 2008,
Jane Sutton, “Bin Laden's Publicist Gets Life in Prison,” Reuters, November 3, 2008
Andy Worthington, “Life Sentence for Al-Qaeda Propagandist Fails to Justify Guantanamo Trials,” The Huffington Post, November 3, 2008,
David McFadden, “Gitmo Jury: Life Sentence for Bin Laden Videomaker” (The Associated Press, November 4, 2008)
William Glaberson, “Detainee Will Face New War-Crimes Charges,” The New York Times, November 18, 2008
Spencer Ackerman, “Coercion and Military Law,” The Washington Independent, December 8, 2008
Alan Gomez, “Inmates' Fate Unclear If Obama Closes Gitmo,” USA Today, December 29, 2008
Jesse J. Holland, “Court Hears Arguments Over Detainee's Confession” (The Associated Press, January 13, 2009)
Andy Worthington, “Former Gitmo Prosecutor Rips Military Trials, Calling Interrogators' Practices 'despicable',” The Raw Story, January 13, 2009
Peter Finn, “Evidence in Terror Cases Said to Be in Chaos,” The Washington Post, January 14, 2009
William Fisher, “Fate of Guantanamo Detainees Unclear,” The Public Record, January 14, 2009
“Editorial - Closing Guantánamo,” The New York Times, January 17, 2009
Daphne Eviatar, “Tortured Gitmo Prisoner Opposes Halt of Military Commission Trial,” The Washington Independent, January 21, 2009, http://washingtonindependent.com/26499/tortured-gitmo-prisoner-opposes-halt-of-military-commission-trial.
William Douglas and Carol Rosenberg, “Obama's New Detainee Policy: Break from Bush, or the Same?,” McClatchy, March 13, 2009, http://www.mcclatchydc.com/homepage/story/63963.html.
Sheri Fink, “Tortured Profession: Psychologists Warned of Abusive Interrogations, Then Helped Craft Them,” ProPublica, May 5, 2009, http://www.propublica.org/article/tortured-profession-psychologists-warned-of-abusive-interrogations-505.
Lillian Thomas, “Military Attorneys Risk Careers to Criticize Practices at Guantanamo,” Pittsburgh Post-Gazette, May 10, 2009, http://www.post-gazette.com/pg/09130/968880-84.stm.
Daphne Eviatar, “Government Pressing to Finalize Conviction By Discredited Bush Military Commission,” The Washington Independent, May 13, 2009, http://washingtonindependent.com/42679/government-pressing-to-finalize-conviction-by-discredited-bush-military-commission.
Daphne Eviatar, “Obama Appears Poised to Renew Military Commissions,” The Washington Independent, May 13, 2009, http://washingtonindependent.com/42646/obama-appears-poised-to-renew-military-commissions.
Julian E. Barnes and Carol J. Williams, “Obama Hasn't Fixed Image of Tribunals,” Los Angeles Times, May 16, 2009, http://8.12.42.31/2009/may/16/nation/na-military-commissions16.
William Glaberson, “Despite Plan, Guantánamo Trials Still Problematic,” The New York Times, May 18, 2009, http://www.nytimes.com/2009/05/19/us/politics/19gitmo.html.
Heidi Vogt and Michael Melia, “US Lawyers Ask Afghan Court to Help Gitmo Inmate” (The Associated Press, May 25, 2009), Westlaw, AP-ALL database.
William Glaberson, “U.S. May Permit 9/11 Guilty Pleas in Capital Cases,” The New York Times, June 5, 2009, http://www.nytimes.com/2009/06/06/us/politics/06gitmo.html.
Nedra Pickler, “Justice Agrees to Exclude Detainee's Confession” (The Associated Press, July 15, 2009)
Dennis Roddy, “Judge to Rule on Release of Gitmo Detainee,” Pittsburh Post-Gazette, July 17, 2009, http://www.post-gazette.com/pg/09198/984444-82.stm.
William Glaberson, “Obama Faces Court Test Over Detainee,” The New York Times, July 28, 2009, http://www.nytimes.com/2009/07/29/us/29gitmo.html.
Nedra Pickler, “Afghanistan Said Ready to Pick up Gitmo Detainee” (The Associated Press, July 28, 2009)
Carol Rosenberg, “Young Afghan in Camp Iguana, Playing the Wii,” The Miami Herald, July 28, 2009, http://www.miamiherald.com/news/americas/guantanamo/story/1161350.html.
Jeremy Pelofsky, “U.S. Proposes Releasing Guantanamo Detainee Abroad,” Reuters, July 29, 2009, http://www.reuters.com/article/latestCrisis/idUSN29274822.
Nedra Pickler and Devlin Barrett, “US Says Prepared to Release Young Gitmo Detainee” (The Associated Press, July 29, 2009), Westlaw, AP-ALL database.
Lyle Denniston, “Afghan Ordered Freed, Trial Unsure,” SCOTUSblog, July 30, 2009, http://www.scotusblog.com/wp/afghan-ordered-freed-trial-unsure/.
William Glaberson, “Judge Orders Guantánamo Detainee to Be Freed,” The New York Times, July 30, 2009, http://www.nytimes.com/2009/07/31/us/31gitmo.html?_r=1.
Jason Leopold, “Judge Orders Young Afghan Prisoner Released From Guantanamo,” The Public Record, July 30, 2009, http://pubrecord.org/torture/2968/judge-orders-obama-admin-release-young/.
Jeremy Pelofsky, “US Judge Orders Guantanamo Prisoner Jawad Freed,” Reuters, July 30, 2009, http://www.reuters.com/article/asiaCrisis/idUSN30350989.
Evan Perez and Jess Bravin, “U.S. Plans to Free an Afghan Detainee,” The Wall Street Journal, July 30, 2009, http://online.wsj.com/article/SB124892208846392665.html.
“US to Release Young Afghan Detainee from Guantanamo,” Google News, July 30, 2009, http://www.google.com/hostednews/afp/article/ALeqM5hLC_NSAGRD5NgdEl0_LbFouScjFw.
Andrew Sullivan, “The Daily Dish: Quote For The Day,” The Atlantic, July 31, 2009, http://andrewsullivan.theatlantic.com/the_daily_dish/2009/07/quote-for-the-day-6.html.
Carol Rosenberg, “Emptying Guantánamo Camps, One Deal at a Time,” The Miami Herald, August 2, 2009, http://www.miamiherald.com/news/nation/story/1167861.html.
Daphne Eviatar, “Lead Military Lawyer Confirms Afghan Witnesses Said They Were Paid By U.S.,” The Washington Independent, August 4, 2009, http://washingtonindependent.com/53729/lead-military-lawyer-confirms-afghan-witnesses-said-they-were-paid-by-u-s.
Scott Horton, “Can the Military Commissions Be Salvaged?,” Harper's Magazine, August 4, 2009, http://www.harpers.org/archive/2009/08/hbc-90005470.
Andy Worthington, “Attorney: Military Commissions "A Catastrophic Failure",” The Public Record, August 8, 2009, http://pubrecord.org/world/3391/attorney-military-commissions/.
Lucile Malandain, “Detainee Questions Hinder Obama's Plan to Shut Guantanamo,” Google News, August 10, 2009, http://www.google.com/hostednews/afp/article/ALeqM5i6WsYuJGEzMADuJLvjqrQK8EfYhQ.
Carol Rosenberg, “Source: White House Has Sent 6 Gitmo Transfer Notices to Congress,” The Miami Herald, August 19, 2009, http://www.miamiherald.com/news/nation/story/1192326.html.
Adam Serwer, “Overdue Process,” The American Prospect, August 20, 2009, http://www.prospect.org/cs/articles?article=overdue_process_09.
“A Gitmo Prosecutor's Act of Conscience,” CBS News, August 22, 2009, http://www.cbsnews.com/stories/2009/08/22/eveningnews/main5259681.shtml?tag=contentMain;contentBody.
Jonathan S. Landay and Carol Rosenberg, “Young Afghan Freed; Spent 6 1/2 Years at Guantánamo,” The Miami Herald, August 24, 2009, http://www.miamiherald.com/news/americas/guantanamo/v-fullstory/story/1199863.html.
Warren Richey, “Young Gitmo Detainee Released, Meets Hamid Karzai,” The Christian Science Monitor, August 24, 2009, http://www.csmonitor.com/2009/0825/p02s07-usju.html.
Heidi Vogt, “Young Guantanamo Prisoner Back in Afghanistan” (The Associated Press, August 24, 2009)
Thomas R. Eddlem, “Dick Cheney, Mohammad Jawad and Torture,” New American, September 1, 2009, http://www.thenewamerican.com/index.php/usnews/politics/1792
William Fisher, “Fearing Torture At Home, Some Gitmo Prisoners Fight Their Release,” The Public Record, September 10, 2009, http://pubrecord.org/world/4968/fearing-torture-home-gitmo-prisoners/
William Fisher, “Bagram's "New" Rules. So What's New?,” The Huffington Post, September 14, 2009, http://www.huffingtonpost.com/william-fisher/bagrams-new-rules-so-what_b_285638.html
William Fisher, “Civil Rights Group: New Bagram Detainee Rules A ‘Step In The Wrong Direction’,” The Public Record, September 14, 2009, http://pubrecord.org/world/5141/civil-rights-group-bagram-detainee/
“Less Bad, But Not Good,” The Harvard Crimson, September 15, 2009, http://www.thecrimson.com/article.aspx?ref=528944
Andy Worthington, “The Military Lawyers Who Helped Free One Of Guantanamo’s Youngest Detainees,” The Public Record, September 21, 2009, http://pubrecord.org/world/5377/guantanamos-youngest-detainees/comment-page-1/
Andy Worthington, “9/11 Trial At Guantanamo Delayed Again: Can We Have Federal Court Trials Now, Please?,” The Public Record, September 22, 2009, http://pubrecord.org/law/5426/trial-guantanamo-delayed-again-federal/
Daphne Eviatar, “Documents Suggest DOD Failed to Probe Alleged War Crimes,” The Washington Independent, September 25, 2009, http://washingtonindependent.com/60833/documents-suggest-detainee-abuses-by-defense-department
“Military Lawyer Says Defense Department Ignored Calls for War Crimes Investigation,” The Raw Story, October 1, 2009, http://rawstory.com/2009/10/military-lawyer-says-defense-department-ignored-calls-for-war-crimes-investigation/
Andy Worthington, “Lawyer Blasts "Congressional Depravity" on Guantanamo,” The Huffington Post, October 9, 2009, http://www.huffingtonpost.com/andy-worthington/lawyer-blasts-congression_b_315084.html
Andy Worthington, “Finding New Homes For 44 Cleared Guantanamo Prisoners,” The Public Record, October 13, 2009, http://pubrecord.org/world/5751/finding-homes-cleared-guantanamo/
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