Scott Silliman Explained

Scott Silliman
Office:Judge of the United States Court of Military Commission Review
Appointer:Barack Obama
Term Start:September 12, 2012
Predecessor:William Coleman
Alma Mater:University of North Carolina, Chapel Hill

Scott Livingston Silliman[1] (born 1943) is a Professor Emeritus of the Practice of Law at Duke Law School, and Emeritus Executive Director of Duke Law School's Center on Law, Ethics and National Security.[2] He was also an adjunct professor of law at the University of North Carolina at Chapel Hill (UNC),[3] and at North Carolina Central University.[4]

Academic career

Silliman earned a Bachelor's Degree, in Philosophy, at the University of North Carolina, in 1965, followed by a J.D. degree, in 1968.[5] While there he participated in the ROTC program. Upon graduation, he began a 25-year career as a military lawyer, in the United States Air Force. When he retired, in 1993, he joined the faculty at the Duke Law School. He was the first Executive Director of Duke's Center on Law, Ethics and National Security, a position he held for 18 years.

Career

Silliman was a military attorney, called to active duty as an U.S. Air Force judge advocate in 1968, and later a staff judge advocate (senior attorney) and, in his last assignments, the senior attorney for Tactical Air Command[5] [6] and later Air Combat Command.[7] [8] In 1993, he retired from the Air Force as a colonel.[8] [9]

Silliman is an expert on national security law,[10] [11] [12] [13] military law,[14] [15] [16] [17] and the law of armed conflict.[18] [19]

His views have been cited in various media, including by The New York Times,[19] [20] The Washington Post,[21] The Boston Globe,[22] The Christian Science Monitor,[23] Newsweek,[24] The Guardian,[25] NPR,[26] USA Today, and the New York Daily News. In 2012 Silliman was appointed by then President Obama and later confirmed by the Senate as an appellate judge on the US Court of Military Commission Review, (USMCRC), a blue ribbon panel created solely to review rulings and verdicts from the Guantanamo Military Commissions.

During the final part of the rescue of the crew of Maersk Alabama three of the four pirates retreated to the vessel's lifeboat, taking the Captain as a hostage, together with $30,000 from the ship's safe. According to widely publicized accounts of the Captain's rescue, when snipers heard a firearms discharge, on the lifeboat, three snipers each killed one of the pirates with a single shot. It emerged, during the trial of the remaining pirate, that the Captain could hear the labored breathing of at least one injured pirate. During the trial Philip L. Weinstein said that an expert on firearms wounds who examined photos of the dead pirates said they had been shot 19 times. Weinstein argued that the SEALS had violated their obligations, under the Geneva Conventions, to refrain from further injuring enemy combatants, who were too injured to further participate in hostilities. According to Fox News Silliman defended the SEALs, stating that "the SEALs had to make the assumption that the Somalis were armed and a continuing threat. In other words, they were still combatants."

An opinion Silliman offered on the guilt of Khaled Sheikh Mohammed, and his four co-defendants, in the 9-11 Guantanamo Military Commission triggered a civilian appeals court to overrule the USCMCR. The civilian appeals court agreed with the defendants that since Silliman had voiced an opinion, in a 2010 telephone interview with the BBC two years before he was appointed to the court, that the five were guilty, that he was biased, and should have recused himself.

Works

Select articles

Testimony to the Senate

Major service awards

External links

Notes and References

  1. News: United Nations Anniversary dinner. The News and Observer (Raleigh, N.C.). October 19, 1999.
  2. Web site: Former Air Force Deputy Judge Advocate General to join Duke Law faculty July 1 . 0-www.law.duke.edu.library.law.suffolk.edu . April 29, 2010 . May 23, 2010.
  3. Web site: Scott L. Silliman . Law.unc.edu . May 23, 2010 . June 10, 2010 . https://web.archive.org/web/20100610004154/http://www.law.unc.edu/faculty/directory/sillimanscottl/default.aspx . live .
  4. Web site: NCCU – School of Law – Faculty Listings . Web.nccu.edu . January 31, 2010 . May 23, 2010 . June 10, 2010 . https://web.archive.org/web/20100610155200/http://web.nccu.edu/law/faculty/faculty/fbios.html . live .
  5. Web site: Archived copy . 2010-05-23 . dead . https://web.archive.org/web/20100610105630/http://www.law.duke.edu/fac/cv/silliman_cv2.pdf . 2010-06-10 .
  6. Web site: Scott L. Silliman . Law.duke.edu . August 31, 1993 . May 23, 2010 . June 9, 2010 . https://web.archive.org/web/20100609193833/http://www.law.duke.edu/fac/silliman/ . live .
  7. News: The Virginian-Pilot Archives . Nl.newsbank.com . May 16, 1999 . May 23, 2010 . June 9, 2011 . https://web.archive.org/web/20110609045814/http://nl.newsbank.com/nl-search/we/Archives?p_product=VP&p_theme=vp&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0EAFFC72DEF0DFEC&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM . live .
  8. Web site: Prior . Richard . Balancing prosecution and protection – The Daily Record – Jacksonville, Florida . Jaxdailyrecord.com . September 11, 2001 . May 23, 2010 . July 13, 2011 . https://web.archive.org/web/20110713092550/http://www.jaxdailyrecord.com/showstory.php?Story_id=39812 . live .
  9. Web site: ProfNet Experts Round-Up: Detention of Terror Suspects . Newswise.com . February 16, 2006 . May 23, 2010 . June 7, 2011 . https://web.archive.org/web/20110607153105/http://www.newswise.com/articles/view/518153/ . live .
  10. News: Contractors Indicted After Probe Into Shooting That Killed 17 Iraqi Civilians . washingtonpost.com . December 6, 2008 . May 23, 2010 . November 10, 2012 . https://web.archive.org/web/20121110152118/http://www.washingtonpost.com/wp-dyn/content/article/2008/12/05/AR2008120500309.html?hpid=moreheadlines . live .
  11. News: Court Affirms Wiretapping Without Warrants . The New York Times . James . Risen . Eric . Lichtblau . January 16, 2009 . February 23, 2017 . November 21, 2018 . https://web.archive.org/web/20181121034341/https://www.nytimes.com/2009/01/16/washington/16fisa.html?ref=politics . live .
  12. News: Charges shift the fight on Padilla, He is indicted, but not in the "dirty bomber"case. Some say Justice was aiming to avoid a defeat. . Philadelphia Inquirer . November 23, 2005 . May 23, 2010 . June 9, 2011 . https://web.archive.org/web/20110609050131/http://nl.newsbank.com/nl-search/we/Archives?p_product=PI&s_site=philly&p_multi=PI&p_theme=realcities&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=10E14FCA54205800&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM . live .
  13. News: Nominee's Stand May Avoid Tangle of Torture Cases . The New York Times . Scott . Shane . November 1, 2007 . February 23, 2017 . December 4, 2016 . https://web.archive.org/web/20161204093711/http://www.nytimes.com/2007/11/01/washington/01mukasey.html?pagewanted=all . live .
  14. Web site: Heard on All Things Considered . Guantanamo Case Awaits High Court Ruling . NPR . November 15, 2005 . May 23, 2010 . April 7, 2014 . https://web.archive.org/web/20140407081412/http://www.npr.org/templates/transcript/transcript.php?storyId=5014021 . live .
  15. Web site: Correspondents Report – Hicks in legal limbo . Abc.net.au . May 23, 2010 . November 11, 2012 . https://web.archive.org/web/20121111054456/http://www.abc.net.au/cgi-bin/common/printfriendly.pl?http%3A%2F%2Fwww.abc.net.au%2Fcorrespondents%2Fcontent%2F2005%2Fs1509545.htm . live .
  16. Web site: Army: Failures in pregnant soldier's death - Military- NBC News . NBC News . September 12, 2008 . May 23, 2010 . April 7, 2014 . https://web.archive.org/web/20140407195332/http://www.nbcnews.com/id/26672984/ . live .
  17. News: Suzanne Goldenberg in Washington . Obama legal advisers draft plans for Guantánamo Bay prison | World news | guardian.co.uk . Guardian . November 10, 2008 . May 23, 2010 . London . September 4, 2013 . https://web.archive.org/web/20130904055523/http://www.theguardian.com/world/2008/nov/10/obama-guantanamo-bay-prison . live .
  18. Web site: News | Killing by the numbers . Salon.com . 9 May 2008. May 23, 2010 . May 4, 2009 . https://web.archive.org/web/20090504103502/http://www.salon.com/news/feature/2008/05/09/snipers/print.html . live .
  19. News: Q&A: Targeted Killings . The New York Times . Eben . Kaplan . January 25, 2006 . February 23, 2017 . February 2, 2016 . https://web.archive.org/web/20160202235637/http://www.nytimes.com/cfr/international/slot3_012506.html?pagewanted=print . live .
  20. News: Court ruling buoys case for wiretaps . The New York Times . James . Risen . Eric . Lichtblau . January 16, 2009 . February 23, 2017 . November 21, 2018 . https://web.archive.org/web/20181121041504/https://www.nytimes.com/2009/01/16/world/americas/16iht-tap.1.19422049.html . live .
  21. News: Cases Against Detainees Have Thinned . washingtonpost.com . November 2, 2008 . May 23, 2010 . November 10, 2012 . https://web.archive.org/web/20121110152101/http://www.washingtonpost.com/wp-dyn/content/article/2008/11/01/AR2008110102018.html?hpid=topnews . live .
  22. News: Vicini . James . New terrorism trial rules could face Supreme Court scrutiny – The Boston Globe . Boston.com . October 1, 2006 . May 23, 2010 . July 26, 2010 . https://web.archive.org/web/20100726224414/http://www.boston.com/news/nation/washington/articles/2006/10/01/new_terrorism_trial_rules_could_face_supreme_court_scrutiny/ . live .
  23. Web site: Guantanamo detainees on US soil: a legal minefield . CSMonitor.com . December 15, 2009 . May 23, 2010 . July 26, 2010 . https://web.archive.org/web/20100726195415/http://www.csmonitor.com/USA/Justice/2009/1215/Guantanamo-detainees-on-US-soil-a-legal-minefield . live .
  24. Web site: Michael Hirsh . Hirsh: Why the Hamdan Verdict is Big Loss for Bush – Michael Hirsh . Newsweek.com . 5 August 2008 . May 23, 2010 . 2 December 2008 . https://web.archive.org/web/20081202104145/http://www.newsweek.com/id/151130 . live .
  25. News: Suzanne Goldenberg in Washington . Closing down detention centre 'not so easy' | World news . The Guardian . November 11, 2008 . May 23, 2010 . London . September 4, 2013 . https://web.archive.org/web/20130904055703/http://www.theguardian.com/world/2008/nov/11/guantanamo-obama-white-house . live .
  26. Web site: Terrorism Trials Pose Dilemma For U.S. . NPR . February 15, 2010 . May 23, 2010 . April 24, 2010 . https://web.archive.org/web/20100424021057/http://www.npr.org/templates/story/story.php?storyId=123747151 . live .

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