THE BLOG
12/18/2014 11:48 am ET Updated Feb 15, 2015

Dear DOJ: Why Doesn't Col. Morris Davis Have 1st Amendment Rights and His Job Back?

"The guy who said waterboarding is A-OK I was not going to take orders from. I quit." Those are the words of an American Hero--Col. Morris Davis. A 25 year Veteran of the USAF, and former Prosecutor for Guantanamo Bay from 2005-2007. He refused to use evidence obtained through torture. As a matter of fact he tried to make that kind of evidence not admissible in trials, but this was rejected.

I think after the publication of the horrendous Torture Report this week, we can see just how right Col. Morris Davis was and still is, and how courageous he was to stand up to his bosses and say no to torture.

He spearheaded the movement against torture through his actions, and has sacrificed so much, including his job that he took after resigning as Prosecutor at Guantanamo Bay, which was in the Congressional Research Office in the Library of Congress.

He was fired because of 2 opinion pieces he wrote concerning the Guantanamo Bay trials. The first, an Op-Ed he wrote for the Wall Street Journal, criticizing the Obama administration for being inconsistent in prosecuting those in Guantanamo Bay by choosing some for Military Commissions and others for Federal Trials. As a former Guantanamo Bay Prosecutor, Col. Davis is an expert on these issues and more than qualified to have his opinions on these situations.

The second article he wrote was a Letter To the Editor in the Washington Post in which he said that then Attorney General Mukasey was fear mongering by saying Federal Trials for Guantanamo Bay prisoners are dangerous to national security.

He was fired immediately after these publications. He spoke the truth and got fired for it. And he lost everything, all over expressing an opinion he is more than qualified to write about. That is a clear violation of Freedom of Speech. Col. Davis was well within his First Amendment rights not only as an American, but a Military Veteran who spent 25 years of his life protecting the Constitution in the USAF. But don't take my word for it, this is the ACLU's statement on this case. And here is more from Judge Walton, and he agrees that indeed Col. Davis' rights have been violated:

The plaintiff's likelihood of success position therefore is well-founded, at least with respect to the record the Court now has before it. And as to the public interest prong, it cannot be questioned that government employees retain First Amendment rights.

So, there you have it. What happened to Col. Davis is nothing short of an abomination. How this can happen in the United States of America, under a DOJ sworn to uphold the Constitution is unfathomable. He is a hero and is being treated as a criminal and actually worse, since criminals are afforded First Amendment protections.

That's absolutely horrendous.

He has been fighting ever since with the ACLU to get his job back. In 5 years he has had 6 hearings, but no injunction was attained so that he may have his job back. The most recent one this past December 11th in which the Judge did not grant him an injunction.

In case you are wondering, this is what the DOJ is saying about Col. Davis in court:

This is the full quote from the Colonel's opinion piece:

Second, his "serious security concerns for any person or place" near where detainees are to be held or tried are fear-mongering worthy of former vice president Dick Cheney.

That's right, the DOJ Attorneys are saying that because Col. Davis said Dick Cheney is a fear monger he can't have his job back. I think you can see the absolute charade that is going on here. What makes it worse is the Judge listened to that nonsense and no injunction was granted.

I read this information on Col. Davis' twitter account and it sparked anger in me as it should in every American in this country. That is an absolutely ridiculous and insanely insulting statement for any Attorney to say to any human being in this country, let alone someone like the Colonel. Especially after this week of Dick Cheney's torture parade.

Oh, and the last Judge who didn't grant the Colonel his injunction was a former Judge for a FISA court (Foreign Intelligence Surveillance Court)

The Obama Administration's DOJ can RIGHT the WRONG by upholding the Constitution (So ironic they need to be told to do that) and give this brave American Hero his job back with an apology. Everyone has a right to an opinion, and Col. Davis is no different. Otherwise, this is a huge scar on the Obama Administration's DOJ.

Col. Davis is someone who will to continue to fight for what is right along with the ACLU. I wish him and them the best, and for justice to prevail.