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Until four months ago, Colonel Morris Davis was the chief prosecutor
at Guantánamo Bay and the most colorful champion of the Bush
administration's military commission system. He once said sympathy for
detainees was nauseating and compared putting them on trial to dragging
"Dracula out into the sunlight."
Then in October he had a dispute with his boss, a general. Ever
since, he has been one of those critics who will not go away: a former
top insider, with broad shoulders and a well-pressed uniform, willing
to turn on the system he helped run.
Still in the military, he has irritated the administration,
asserting in articles and interviews that Pentagon officials interfered
with prosecutors, exerted political pressure and approved the use of
evidence obtained by torture.
Now, Davis has taken his most provocative step, completing his
transformation from Guantánamo's chief prosecutor to its new chief
critic. He has agreed to testify at Guantánamo on behalf of one of the
detainees, Salim Ahmed Hamdan, a driver for Osama bin Laden.
Davis, a career military lawyer nearing retirement at 49, said that
he would never argue that Hamdan was innocent but that he was ready to
try to put the commission system itself on trial by questioning its
fairness.
He said that there was "a potential for rigged outcomes" and that he
had "significant doubts about whether it will deliver full, fair and
open hearings."
"I'm in a unique position where I can raise the flag and aggravate
the Pentagon and try to get this fixed," he said, acknowledging that he
was enjoying some aspects of his new role. He was replaced as chief
Guantánamo prosecutor after he stepped down but is still a senior legal
official for the air force.
Among detainees' advocates, there has been something of a gasp since
it was announced last week that Davis would be taking the witness stand
in April.
Hamdan's chief military lawyer, Lieutenant Commander Brian Mizer,
said he would offer Davis to argue that charges against Hamdan should
be dismissed because of improper influence by Pentagon officials over
the commission process. Prosecutors may object, and it is unclear how
military judges may rule.
But whatever happens, some detainee advocates say, officials are
likely to have difficulty erasing the image of a uniformed former
Guantánamo champion challenging them so directly.
Particularly, some of them said, one who was known for
scorched-earth attacks on adversaries, be they terror suspects or
lawyers. "He was the attack dog for the military commission system,"
said Zachary Katznelson, a lawyer for Guantánamo detainees.
Last year as chief prosecutor, Davis publicly suggested that a
marine defense lawyer for a detainee might be guilty of a crime for
using "contemptuous words" about the president when the marine
questioned the fairness of the Guantánamo system.
At the time, critics ridiculed "Moe" as an administration apologist.
But in recent weeks, some of them have described him in nearly heroic
terms.
Jennifer Daskal of Human Rights Watch called him the most
significant insider to tell what he knows about Guantánamo. "He has put
his career on the line," she said.
Pentagon officials have steamed about the extraordinary role Davis
has staked out. Some people with Pentagon ties say the unusual story
started as a power struggle between Davis and a Pentagon official who
has broad powers over the Guantánamo legal system, Brigadier General
Thomas Hartmann, who has declined to comment.
Brigadier General Thomas Hemingway, a retired military official who
once supervised Davis at the Office of Military Commissions, said this
week that he was surprised Davis was attacking the system he once
championed.
"That's not whistle-blowing you hear," Hemingway said. "It's a whine."
In his contentious days at Guantánamo, lawyers who battled him said,
Davis was known for a you're-with-us-or-you're-against-us style of
news-conference warfare, delivered in an amiable North Carolina twang.
He is an experienced military lawyer, with years of work both in the
prosecution and the defense. He is the son of a disabled veteran of
World War II, and he is married with one daughter.
In interviews this week he was in his combative mode, challenging
Pentagon officials to take lie-detector tests and asserting that
commanders had praised him in the past. He portrayed himself as
battling political appointees. But he said he still believed that a
military commission system could work.
"It's gotten so tarnished that if we're going to convince the world
that this isn't some rigged process we have to bend over backwards," he
said. He said the solutions were simple - giving control to military
officials. But he suggested darkly that there were "people at key
points in the process, that I just don't know what their allegiance is."
Swanny Note: The torture obtained "confessions" are a key to prove that 9/11 was an inside job
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