Military prosecutor shares moral dilemma with Elon law students

Marine Lt. Col. Stuart Couch, who
refused to prosecute a high-profile terrorism case because he
believed the defendant’s interrogation included torture,
visited with Elon law students Tuesday, Oct. 23.

Couch served as a prosecutor on
military commissions formed in the wake of the Sept. 11
terrorist attacks. Assigned to prosecute a top al Qaeda
operative, Mohamedou Ould Slahi, Couch soon had
misgivings about the case.

“It became obvious to me that he was being
tortured,” said Couch, who began to look into the
methods being used to interrogate Slahi. That revelation,
combined with his religious faith and belief in
“the human dignity of every person,” prompted
Couch to make a decision that threatened to jeopardize this
career. “I just decided that I couldn’t go into
court, face a jury with a straight face and prosecute the
case.”

The case didn’t end Couch’s career, and he has been
featured in numerous media reports, including a Wall Street
Journal story on his courageous decision. He serves as a
judge on the Navy-Marine Corps Court of Criminal Appeals, and
will receive the Minister of Justice award from the
American Bar Association Nov. 2, the first military
prosecutor to receive the honor.