The U.S. Attorney's Office (USAO) denied Albrecht Muth's allegations Friday that the U.S. government is while he is held as a defendant . Muth's primary objection was that he was being denied his right to his uniform as an Iraqi general.
In a reply to Muth's allegations submitted to D.C. Superior Court Friday (see PDF), the USAO offered evidence that Muth was not, in fact a member of the Iraqi military, and that even if he were, he would not have protections under the Conventions in a domestic court for a non-military offense.
"The government will suspend reality momentarily and address the substance of the defendant's claim that he is an Iraqi Brigadier General," wrote Assistant U.S. Attorneys Glen Kirschner and Erin Lyons in one of several sarcastic footnotes.
The first piece of evidence the memo offers is the certificate that Muth says was given to him by Prime Minister Nouri al-Maliki, making Muth a Staff Bridgadier General in the Iraqi Army. However, the USAO offers a second piece of evidence, a receipt from a printing company in Maryland, which upon follow up was linked directly to an order placed by Muth for the very certificate he claims came from al-Maliki.
The USAO also contacted the State Department about Muth's status in the Iraqi Military and learned that he was not on the Iraqi Embassy's diplomatic list, nor did he have any affiliation with the Iraqi embassy or any other Iraqi mission in the United States.
"Also fatal to the defendant's claim is the fact that he is in a civilian court being prosecuted for an exclusively civilian offense, for which the Geneva Conventions would not apply even if he did have some legitimate military affiliation," the memo states.
The memo reveals other information culled during the police investigation, including that Muth admitted to having his uniform made for him by a tailor in South Carolina.
The memo calls Muth's statements "remarkable" not only for their lack of verity, but because they demonstrate his willingness to "mislead the judge, the parties and all in attendance."
Later in a footnote, the memo states that Muth's false claims of being a military officer are par for the course alongside his claims that he was an Arab sheik, a CIA operative and an Albanian count, among other personas.
"The sad truth is that the defendant is a long-time con-man who changes his persona as it suits his purposes" they state.
The memo concludes urging the court to reject Muth's grievances.