On September 25, 2008, Jawad's military prosecutor, Lt. Col. Darrel Vandeveld, resigned in protest from the Office of Military Commissions, saying it was not providing due process for defendants. He filed a four-page declaration with the court that stated "potentially exculpatory evidence has not been provided" to the defense in the Jawad case. The evidence included the possibility that Jawad may have been drugged prior to the attack, and that the Afghan Interior Ministry said two other men had confessed to throwing the grenade into the U.S. jeep. Frakt intended to call Vandeveld as a defense witness about due process issues. In addition, Vandeveld said he had hoped to arrange a plea deal for Jawad. Vandeveld's superiors banned him from testifying for the defense and said they would do no plea deal. Vandeveld resigned and later testified about the due process issues in court. He was the fourth military prosecutor to resign because of problems with the system of military tribunals.