Former Guantanamo Prosecutor Sues Library of Congress over Dismissal
Colonel Morris Davis is an outspoken guy. And it’s gotten him fired.
From September 2005 to October 2007, he served as the Pentagon’s chief prosecutor down in Guantanamo.
But he resigned on principle, going public with his view that the Bush Administration had politicized the trials and stacked the deck so badly against detainees that they couldn’t get a fair trial.
Colonel Davis then retired from the military and went on to work at the Library of Congress as assistant director in the foreign affairs, defense, and trade division of the Congressional Research Service.
While there, he continued to speak out against the military tribunals in Guantanamo. In an op-ed on November 10, 2009, in the Wall Street Journal, he took issue with the Obama Justice Department’s decision to try some Guantanamo detainees in federal court and others in military court.
“In effect, it means that the standard of justice for each detainee will depend in large part upon the government's assessment of how high the prosecution's evidence can jump and which evidentiary bar it can clear,” he wrote. “The evidence likely to clear the high bar gets gold medal justice: a traditional trial in our federal courts. The evidence unable to clear the federal court standard is forced to settle for a military commission trial, a specially created forum that has faltered repeatedly for more than seven years. That is a double standard I suspect we would condemn if it was applied to us.”
He also published a letter to the editor in The Washington Post on the same date, criticizing former Attorney General Michael Mukasey for contending that “the decision to try Guantanamo detainees in federal courts comes down to a choice between protecting the American people and showcasing American justice.” This, said Davis, was “fear mongering.”
Even though Davis made his comments on his own time and used his home computer to do so, the Library of Congress sacked him for it.
“On November 13, 2009, you were admonished in writing for your poor judgment and lack of discretion with respect to a letter to the editor and an opinion piece you authored for publication that appeared separately in The Wall Street Joumal and The Washington Post,” Daniel P. Mulhollan, director of the Congressional Research Service, wrote to Davis. “During a meeting on November 12, 2009, in which your conduct leading to the admonishment was discussed, you neither expressed remorse for your actions nor awareness that your poor judgment could do serious harm to the trust and confidence Congress reposes in CRS.”
On January 8, the ACLU filed a lawsuit against the Library of Congress to get Davis his job back, claiming the dismissal violated his First and Fifth Amendment rights.
“Col. Davis brings these claims not only to vindicate his own constitutional rights but also the public’s First Amendment right to receive his speech and hear his views,” the suit says.
Matt Raymond, director of communications for the Library of Congress, would not comment directly on the case.
“I'm sure you'll understand that now that there's actual litigation,” says Raymond, “we need to be extremely careful with what we say.”
Matthew Rothschild is the editor of The Progressive magazine. To subscribe for just $14.97 a year, just click here.
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Comments
Ha - ha - Ha, First Amendment.
What Country ya think you're living in, the United States, Circa 1793?
The Bill of Rights is a Suicide Pact, ask any Neoconservative.
Plenty to ask on this site, which has become, somehow,
a place where they all come to argue with each other over the most effective "Anal Probes", to use on Islamic People at Airports.
I do not know who disgust me more, the Neocons or the Progressive's, that comment here.
Actually, they are both beginning to sound alike to me, with the Neocons wanting to probe Muslims, and the Progressives more inclined towards "everyone but" getting the treatment, all in the name of giving up freedom for security.
But anyway, at least you are keeping us distracted with this instead of reporting on Congress' investigation of Tim Geithner and his getting his butt in a crack, involving that "Crime of the Millennium", where we gave trillions to the Banksters, to cover their losses due to their Criminal activities.
And certainly, we do not want to think about this following anomaly ---- apparently "Posse Comitatus"
is now to be called "Posse Comatose" ---
I wonder if there is a connection, as Obama, seemingly, prepares for Martial Law.
http://www.whitehouse.gov/sites/default/files/2010executive_order.pdf
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release January 11, 2010
EXECUTIVE ORDER
ESTABLISHMENT OF THE COUNCIL OF GOVERNORS
By the authority vested in me as President by the Constitution and the laws of the United States of America,including section 1822 of the National Defense Authorization Act of 2008 (Public Law 110-181), and in order to strengthen further the partnership between the Federal Government and State governments to protect our Nation and its people and property,it is hereby ordered as follows:
Section 1. Council of Governors.
(a)
There is established a Council of Governors (Council).The Council shall consist of 10 State Governors appointed bythe President (Members), of whom no more than five shall be of the same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms.
(b)
The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council.
Sec. 2. Functions.
The Council shall meet at the call of the Secretary of Defense or the Co-Chairs of the Council to exchange views, information, or advice with the Secretary of Defense; the Secretary of Homeland Security; the Assistant to the President for Homeland Security and Counter terrorism; the Assistant to the President for Intergovernmental Affairs and Public Engagement; the Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs; the Commander,United States Northern Command; the Chief, National Guard Bureau; the Commandant of the Coast Guard; and other appropriate officials of the Department of Homeland Security and the Department of Defense, and appropriate officials of other executive departments or agencies as may be designated by the Secretary of Defense or the Secretary of Homeland Security.Such views, information, or advice shall concern:
(a)
matters involving the National Guard of the various States;
(b)
homeland defense;
(c)
civil support;
(d)
synchronization and integration of State and Federal military activities in the United States; and
(e)
other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities.
Sec. 3. Administration.
(a)
The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council.
(b)
Members shall serve without compensation for their work on the Council. However, Members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law.
(c)
Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to the extent permitted by law and subject to the availability of appropriations, provide the Council with administrative support,assignment or detail of personnel, and information as may be necessary for the performance of the Council's functions.
(d)
The Council may establish subcommittees of the Council. These subcommittees shall consist exclusively of Members of the Council and any designated employees of a Memberwith authority to act on the Member's behalf, as appropriate toaid the Council in carrying out its functions under this order.
(e)
The Council may establish a charter that is consistent with the terms of this order to refine further its purpose,scope, and objectives and to allocate duties, as appropriate,among members.
Sec. 4. Definitions. As used in this order:
(a)
the term "State" has the meaning provided in paragraph (15) of section 2 of the Homeland Security Act of 2002(6 U.S.C. 101(15)); and
(b)
the term "Governor" has the meaning provided in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(5)).
Sec. 5. General Provisions.
(a)
Nothing in this order shall be construed to impair or other wise affect:
(1)
the authority granted by law to a department, agency, or the head thereof; or
(2)
functions of the Director of the Office of Management and Budget relating to budgetary,administrative, or legislative proposals.
(b)
This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
more
3
(c)
This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,January 11, 2010.
###