Rebecca S. Snyder
Encyclopedia
Rebecca S. Snyder is an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 appellate defense attorney in Washington DC.
She is notable for her work as co-counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...

 for Omar Khadr
Omar Khadr
Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...

, a detainee at Guantanamo Bay detention camp, charged with murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

 for the death of an American soldier during a skirmish in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

 on July 27, 2002.

Early life

Snyder has B.A. from Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....

 (2004) and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

 from the New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....

 (2008).

Naval career

Snyder was commissioned as a lieutenant
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...

 in the United States Navy Reserve
United States Navy Reserve
The United States Navy Reserve, until 2005 known as the United States Naval Reserve, is the Reserve Component of the United States Navy...

. She served in the Judge Advocate General
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...

 Corp.
date case notes
2004 United States v. Matthew R. Walther
  • Seaman Recruit Matthew R. Walther pleaded guilty, in 2002, to possession of five packets of marijuana, and bringing it on base with the intention of selling it. He was sentenced to 18 months in the brig
    Military prison
    A military prison is a prison operated by the military. Military prisons are used variously to house prisoners of war, enemy combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members of the military found guilty of a serious crime...

    .
  • On appeal the presiding judge's sentence was overturned because he erred in allowing certain testimony. Snyder had objected to the testimony, at the time.
2004 United States v. Michael J. Henderson
  • Damage Controlman Fireman Apprentice (DCFA) Michael J. Henderson pleaded guilty to constructing and placing an improvised explosive device
    Improvised explosive device
    An improvised explosive device , also known as a roadside bomb, is a homemade bomb constructed and deployed in ways other than in conventional military action...

     onboard the USS Tarawa
    USS Tarawa
    Two United States Navy ships have borne the name Tarawa, after the Pacific atoll that was the scene of a bloody fight in the Pacific War.* The first was an aircraft carrier commissioned in 1946....

    .
  • Henderson planned to explode the bomb on board to commit suicide.
  • Henderson had initially pleaded guilty, in a special court martial, to "negligently hazarding a vessel" -- a non-capital crime. He could have been charged with a capital offense
    Capital punishment
    Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

    , if he had not waived trial before a general court martial. The appeals court ruled that his jurisdictional appeal was invalid because he had pleaded guilty.
  • 2004-
    2007
    United States of America v. David Matthew Hicks
  • Lieutenant Commander Snyder was assigned to help defend Guantanamo detainee David Hicks
    David Hicks
    David Matthew Hicks is an Australian who was convicted by the United States of America Guantanamo Military Commission under the Military Commissions Act of 2006, on charges of providing material support for terrorism...

    .
  • According to an article in the Stanford Law Review
    Stanford Law Review
    The Stanford Law Review is a legal journal produced independently by Stanford Law School students. The journal was established in 1948 with future U.S. Secretary of State Warren Christopher as its first president...

    , after three years of preparation the Presiding Officer
    Presiding Officer (Guantanamo Military Commissions)
    The United States of America has charged Guantanamo captives before "Military Commissions", each presided over by a Presiding Officer.The Presiding Officer were initially to serve as the first among equals on bodies were the commission members served the roles similar to both judge and jury.In the...

     unexpectedly barred Snyder from participating in Hicks's trial.
    "...Instead, bizarrely, he tossed Hicks’s other two lawyers out of the hearing. Col. Kohlmann
    Ralph H. Kohlmann
    Ralph H. Kohlmann is an American lawyer and officer in the United States Marine Corps.-Education:-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....

     ruled that Rebecca Snyder was not qualified as military counsel because she was not on active duty status, despite being appointed to Office of Military Commissions
    Guantanamo military commission
    The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...

     — a decision that Dratel believes was entirely ultra vires
    Ultra vires
    Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...

    ."
  • 2006 United States v. Raymond Olafson
    • Wherein Cpt. Olafson was found guilty of rape, indecent liberties with a female under the age of 16, and two specifications of indecent assault in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 934. He was sentenced to a dismissal, confinement for three years in the brig, and total forfeiture of all pay and allowances.

    Civilian practice

    Snyder has worked in the field of securities exchange
    Security (finance)
    A security is generally a fungible, negotiable financial instrument representing financial value. Securities are broadly categorized into:* debt securities ,* equity securities, e.g., common stocks; and,...

     in her civilian practice at Paul, Hastings, Janofsky & Walker.

    Snyder has also continued to work on behalf of Guantanamo captives in her civilian practice, assisting Omar Khadr
    Omar Khadr
    Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...

    .
    In press reports of her efforts on his behalf she is referred to as a civilian.
    As part of her efforts on Khadr's behalf Snyder appeared before the Human Rights
    Human rights
    Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

     subcommittee of the Parliament of Canada
    Parliament of Canada
    The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...

    .
    The next day Snyder and Keubler met with Stéphane Dion
    Stéphane Dion
    Stéphane Maurice Dion, PC, MP is a Canadian politician who has been the Member of Parliament for the riding of Saint-Laurent–Cartierville in Montreal since 1996. He was the leader of the Liberal Party of Canada and the Leader of the Opposition in the Canadian House of Commons from 2006 to 2008...

    , leader of the Opposition.

    On February 4, 2008 Snyder argued that even if Khadr had killed an American soldier during the invasion of Afghanistan, it was not a war crime since killing soldiers was "part of what war is about". However, the U.S. position that Khadr should be tried at the military tribunal as he operated without a uniform and quartered himself amongst civilians contra to the Laws of Land Warfare
    Laws of war
    The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...

     was summed up by Marine Corps Maj. Jeffrey Groharing, who said "The accused and the terrorists he was working with did not belong to a legitimate army. They belonged to al-Qaeda,":

    On January 13, 2009, Snyder was quoted predicting that charges against Khadr would be dropped, when Barack Obama
    Barack Obama
    Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

     became President.
    According to the National Post
    National Post
    The National Post is a Canadian English-language national newspaper based in Don Mills, a district of Toronto. The paper is owned by Postmedia Network Inc. and is published Mondays through Saturdays...

    she said:
    "We can't imagine that the new president will move to close the camps without also addressing the military commissions. Otherwise, it may seem that he may end up giving [Mohammed] a fairer trial than Omar Khadr, a former child soldier."
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