'We can't have acquittals.'

Something much more important than Rev. Wright's performances happened yesterday. Morris Davis, the DoD's former chief prosecutor for terrorism, took the stand at Gitmo in defense of a terrorism suspect and declared in so many words that the U.S. military tribunal system is a sham. The Washington Post has the story:

Davis told Navy Capt. Keith J. Allred, who presided over the hearing, that top Pentagon officials, including Deputy Defense Secretary Gordon R. England, made it clear to him that charging some of the highest-profile detainees before elections this year could have "strategic political value."Davis said he wants to wait until the cases -- and the military commissions system -- have a more solid legal footing. He also said that Defense Department general counsel William J. Haynes II, who announced his retirement in February, once bristled at the suggestion that some defendants could be acquitted, an outcome that Davis said would give the process added legitimacy."He said, 'We can't have acquittals,' " Davis said under questioning from Navy Lt. Cmdr. Brian Mizer, the military counsel who represents Hamdan. " 'We've been holding these guys for years. How can we explain acquittals? We have to have convictions.' "Davis also decried as unethical a decision by top military officials to allow the use of evidence obtained by coercive interrogation techniques. He said Air Force Brig. Gen. Thomas W. Hartmann, the legal adviser to the top military official overseeing the commissions process, was improperly willing to use evidence derived from waterboarding, a form of simulated drowning. "To allow or direct a prosecutor to come into the courtroom and offer evidence they felt was torture, it puts a prosecutor in an ethical bind," Davis testified. But he said Hartmann replied that "everything was fair game -- let the judge sort it out."He also said Hartmann took "micromanagement" of the prosecution effort to a new level and treated prosecutors with "cruelty and maltreatment." Hartmann, he said, was trying to take over the prosecutor's role, compromising the independence of the Office of Military Commissions, which decides which cases to bring and what evidence to use.Davis, who initially defended the commissions process, testified that he resigned his position as chief prosecutor late last year as senior officials increased pressure on him to make decisions he thought were inappropriate. He now heads the Air Force Judiciary and plans to retire. Hartmann declined to comment on the proceedings through a spokesman, Air Force Capt. Andre Kok.

Read the rest right here. More at TPM.

Grant Gallicho joined Commonweal as an intern and was an associate editor for the magazine until 2015. 

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