Admin Prevents Former Gitmo Prosecutor from Testifying before CongressWhen Col. Morris Davis stepped down as the Pentagon’s chief war crimes prosecutor in October, the reason given seemed to be a somewhat bureaucratic one. He stepped down, it was reported, “in a dispute over whether Air Force Brig. Gen. Thomas Hartmann, legal advisor to the administrator overseeing the trials, has the power to supervise aspects of the prosecution.”
But in an op-ed in today’s Los Angeles Times, Davis is crystal clear. “I felt that the system had become deeply politicized and that I could no longer do my job effectively or responsibly,” he writes.
It’s a taste of what he would have said had he been allowed to testify before the Senate Judiciary Committee this morning, during its hearing on the rights of Guantanamo Bay detainees. But Sen. Dianne Feinstein (D-CA) announced at the beginning of the hearing that the committee had invited Davis to testify, but that “the Defense Department has ordered him not to appear.”
Update: Here’s video of Feinstein’s comments:
“We assured the administration that Colonel Davis would not be asked about open and pending cases,” Feinstein said. “But we were told simply that Colonel Davis was active duty military, and because he was active duty military, they could issue an order he had to follow.” Calling it a shame, she added, “I wish the administration would allow him to appear. Unfortunately, I have to conclude that by prohibiting Col. Davis from testifying, the administration is trying to stop a fair and open discussion about the legal rights of detainees at Guantanamo.”
In Davis’ op-ed, he gives three reasons for his resignation, all deriving from a complaint that control of the military commissions at Gitmo had been taken from the military and given to political appointees. He targets Susan Crawford, who oversees the commissions, and William Haynes, the Pentagon’s general counsel, in particular. The system was rigged, he complains, in order for the appointees to micro-manage the trials which they insisted take place behind closed doors, another decision he disagreed with.
And then there’s the issue of torture:
Finally, I resigned because of two memos signed by Deputy Secretary of Defense Gordon England that placed the chief prosecutor — that was me — in a chain of command under Defense Department General Counsel William J. Haynes. Haynes was a controversial nominee for a lifetime appointment to the U.S. 4th Circuit Court of Appeals, but his nomination died in January 2007, in part because of his role in authorizing the use of the aggressive interrogation techniques some call torture.
I had instructed the prosecutors in September 2005 that we would not offer any evidence derived by waterboarding, one of the aggressive interrogation techniques the administration has sanctioned. Haynes and I have different perspectives and support different agendas, and the decision to give him command over the chief prosecutor’s office, in my view, cast a shadow over the integrity of military commissions. I resigned a few hours after I was informed of Haynes’ place in my chain of command.
Via ThinkProgress.
