Ex-Prosecutor at Gitmo to Aid Defense

BEN FOX | February 21, 2008 10:37 PM EST | AP

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SAN JUAN, Puerto Rico — In a stunning turnaround, the former chief military prosecutor at Guantanamo Bay said Thursday he would be a defense witness for the driver of Osama bin Laden.

Air Force Col. Morris Davis, who resigned in October over alleged political interference in the U.S. military tribunals, told The Associated Press he will appear at a hearing for Salim Ahmed Hamdan.

"I expect to be called as a witness ... I'm more than happy to testify," Davis said in a telephone interview from Washington. He called it "an opportunity to tell the truth."

At the April pretrial hearing inside the U.S. military base in southeast Cuba, Hamdan's defense team plans to argue that alleged political interference cited by Davis violates the Military Commissions Act, Hamdan's military lawyer, Navy Lt. Brian Mizer, told the AP.

Davis alleges, among other things, that Pentagon general counsel William Haynes said in August 2005 that any acquittals of terrorism suspects at Guantanamo would make the United States look bad, calling into question the fairness of the proceedings.

"He said 'We can't have acquittals, we've got to have convictions,'" Davis recalled.

The former chief prosecutor says the statement by Haynes, first reported this week in The Nation magazine, occurred after the general counsel compared the Guantanamo tribunals to Nuremberg and Davis says he pointed out some of those tried at the end of World War II were acquitted, giving them more credibility in the eyes of the world.

At the time, Davis says, he shrugged off the comments. But he came to view them as alarming after he was placed in a chain of command under Haynes and the prosecutor began to sense political pressure on his work.

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, denied that Haynes made such a comment. Gordon also denied the former prosecutor's allegations of political interference, which he has repeated in newspaper opinion columns and in interviews in recent months.

If the judge rejects the motion to dismiss, Mizer said the defense will seek to remove two top officials in the military commissions system _ legal adviser Air Force Brig. Gen. Thomas Hartmann and Convening Authority Susan Crawford _ from Hamdan's case. This would likely result in further delays to a trial that has been stalled by legal challenges.

It is not clear whether the Pentagon _ which defends the commission system as fair _ will allow Davis to testify. In December, two months after he resigned as the chief prosecutor for the Guantanamo war crimes tribunals, the Defense Department barred Davis from appearing before a Senate Judiciary subcommittee.

The U.S. holds about 275 men at Guantanamo and plans to prosecute about 80 before military commissions. The Pentagon this month charged six detainees with murder and war crimes for the Sept. 11, 2001, terror attacks and said they could be executed if convicted.

Hamdan faces up to life in prison if the tribunal convicts him of conspiracy and supporting terrorism. His lawyers admit he was a driver for bin Laden, but say he had no significant role in planning or carrying out attacks against the U.S.

Davis, now head of the Air Force judiciary, said he believes "there are some very bad men at Guantanamo and some of them deserve the death penalty." But he says civilian political appointees have improperly interfered with the work of military prosecutors.

"I think the rules are fair," he said. "I think the problem is having political appointees injected into the system. They are looking for a political outcome, not justice."

He alleges, for example, that senior officials pushed for a plea bargain in March 2007 for Australian David Hicks, allowing him to serve a nine-month sentence in his homeland for aiding the Taliban.

Davis said the sentence was too lenient and was orchestrated to help Australian Prime Minister John Howard, who was under criticism domestically for his support of President Bush and U.S. policies.


 
 

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- jasjohn128 See Profile I'm a Fan of jasjohn128 permalink

Even Hamdam's lawyers "admit he was a driver for bin Laden," so what more proof could anyone need that he's guilty of all the crimes committed by al Qaeda?

Ask yourself, What CEO in America (or anywhere in the West) doesn't bring his or her driver into the details of daily operations, long-range planning and research, overall corporate strategy, public relations, etc.?

What senior vice-president doesn't want, ultimately, to be the boss's driver? That's the job to fight for if you want to have influence and learn what's really going on.

So how many more impossible things do these military hacks and their civilian bosses think we're stupid enough to believe before breakfast?

Thanks to Bush, Cheney and Rumsfeld, the best men and women resigned or were fired years ago. Dross like that Haynes creep are everywhere in government now.

It'd be good to hear either Clinton or Obama (preferably both) make it clear, NOW, that they intend to appoint a SecDef and Attorney General who'll take a wire brush to senior ranks in both agencies. The dross warming those chairs right now, frankly, suck.

    Favorite    Flag as abusive Posted 02:18 PM on 02/23/2008
- GnitenGoodLk See Profile I'm a Fan of GnitenGoodLk permalink

"Even Hamdam's lawyers "admit he was a driver for bin Laden," so what more proof could anyone need that he's guilty of all the crimes committed by al Qaeda?"

This is a different culture, unlike Western CEO based. If we stop with the ethnocentrism we can find solutions. You're comparing apples to oranges. this is why our approach to extremism has failed in Iraq, the inability to put our heads around a different culture. They operate by close word of mouth more than chain of command.

Not everyone knows what is going on in the back seat when they're a driver in the Middle East. OBL could have taken hundreds of different cars/drivers, some of them not even knowing who he was before 9/11. OBL had THAT much freedom from scrutiny. Even close al Qaeda operatives were at times kept in the dark about OBL plans. the driver must have tested out credibly as not knowing what was going on or caring about it to be considered for a viable defense.

Unless they are tried, out in the open, the truth will never come out. Would you kill OBL's maids, family, gardener, pizza delivery guy & mechanic too? Where does it end? If we kill them, how will we get actionable intelligence? This guy may talk more when people other than scary guys in a back room with batons, injections & tasers are around him.

Or is that what our government is afraid of?

Try them all, out in the open.

    Favorite    Flag as abusive Posted 12:12 AM on 02/25/2008
- PinkoAttic See Profile I'm a Fan of PinkoAttic permalink

What an incredibly brave thing to do. I salute you Colonel Davis and all those advocates who are willing to pay a price to see that justice and rules of fairness prevail.

    Favorite    Flag as abusive Posted 03:48 PM on 02/22/2008
- ibsteve2u See Profile I'm a Fan of ibsteve2u permalink

I have to hand it to the people in JAG - overall, pretty "high roaders". Just what this Administration hates - people who hold the law in admiration rather than contempt.

Which is why this Administration is attempted to take control of their promotions:

http://www.boston.com/news/nation/washington/articles/2007/12/15/control_sought_on_military_lawyers/

That move was so blatantly "dark side" that even the Republicans helped squash it:

http://theimpudentobserver.com/world-news/bush-plans-to-politicize-jag-promotions-blocked/

    Favorite    Flag as abusive Posted 10:40 AM on 02/22/2008
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