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Former Gitmo Prosecutor: Pentagon Official Said "We Can't Have Acquittals"
At this point, it's not even controversial to say that the military commissions at Guantanamo Bay are a sham. The current chief judge there has written that the military tribunals have “credibility problems." And the former chief prosecutor, after resigning, publicly criticized the system as "deeply politicized."
Now that former prosecutor, Col. Morris Davis, has given more evidence of that politicization in an interview with The Nation after the six Gitmo detainees were charged. Davis says that in an August, 2005 meeting with William Haynes, then the Pentagon's general counsel, Haynes seemed to completely discount the possibility of the military tribunals acquitting any of the detainees. Now, of course, Haynes has been installed as the official overseeing the whole process, both the prosecutors and the defense. From The Nation:
"[Haynes] said these trials will be the Nuremberg of our time," recalled Davis, referring to the Nazi tribunals in 1945, considered the model of procedural rights in the prosecution of war crimes. In response, Davis said he noted that at Nuremberg there had been some acquittals, something that had lent great credibility to the proceedings."I said to him that if we come up short and there are some acquittals in our cases, it will at least validate the process," Davis continued. "At which point, [Haynes's] eyes got wide and he said, 'Wait a minute, we can't have acquittals. If we've been holding these guys for so long, how can we explain letting them get off? We can't have acquittals, we've got to have convictions.'"
Davis submitted his resignation on October 4, 2007, just hours after he was informed that Haynes had been put above him in the commissions' chain of command. "Everyone has opinions," Davis says. "But when he was put above me, his opinions became orders."
Back in December, the Defense Department blocked Davis from testifying before the Senate Judiciary Committee. It's becoming increasingly clear why.
Josh
Zachary
Davis had a new OpEd in the NYT just the other day which I wrote about. The diary became one of those "Rescued" diary at DailyKos. Here is the link if anyone cares to read more.
http://www.dailykos.com/story/2008/2/17/0756/00361/301/458384
February 20, 2008 11:49 AM | Reply | Permalink
Well, we know who's going to get called as a material witness for the defense! Of course, BushCo and the military will use every legal, and some not-so-legal, trick in the books to try to quash any trial testimony by Davis.
February 20, 2008 11:54 AM | Reply | Permalink
Mock trials with foregone conclusions. The conclusions being a death sentence. No wonder the Bushies have never been harsh on North Korea and its dictatorship style justice. Bushies envy it! I hope Bush's war crimes trial will be just as fair and conclusive at the Hague.
February 20, 2008 11:55 AM | Reply | Permalink
This has been the problem with GTMO from the beginning. The broad net caught too many who were innocent, sold into bondage for reward money or were legitimate combatants. Few were the worst of the worst that had been advertised to the public. The administration can admit no mistakes, thus it will ensure that these individuals never see the light of day.
February 20, 2008 12:00 PM | Reply | Permalink
It seems in order to get ahead you must buy into Bush's delusional attempts to make GWOT analogous to WWII.
Just like everything else in Bush's presidency, simply wishing it were so doesn't make it so.
-AF
February 20, 2008 12:27 PM | Reply | Permalink
As an aside, this 'This American Life' episode about Habeas revocation is pretty good. some good interviews with detainees who have been released, showing how bad Bushco and others were at determining who was bad and who was harmless, and, really, how little they care.
http://thislife.org/Radio_Episode.aspx?episode=331
February 20, 2008 12:37 PM | Reply | Permalink
So,
Now that he is retired, he will be called to testify again?
February 20, 2008 12:40 PM | Reply | Permalink
Bush is trying to salvage his legacy. If he convicts all of them its one step in that direction. I don't trust any Bush/Cheney appointee, military or civilian.
February 20, 2008 12:43 PM | Reply | Permalink
"A first-class trial, followed by a first-class hanging."
February 20, 2008 2:23 PM | Reply | Permalink
"We're gonna give you a fair trial, followed by a first-class hanging." (Silverado - 1985)
...except for the part about fair.
February 21, 2008 1:06 PM | Reply | Permalink
It is more evident every day that a nation can't become just a little bit despotic. It is like pregnancy - all or nothing. There is no longer any reason to expect anything but the worst from our government. Trusting anyone who is a member of that government is for fools.
February 20, 2008 4:33 PM | Reply | Permalink
I'm glad to see this absurd substitute for legitimate legal proceedings exposed once again for the fruadulent excercise it is.
The "prisoners" at Gitmo should either be immediately released or given access to the court system of the United States of America--including a genuinely speedy trial given their longstanding and thus far unjustified captivity. The kangaroo courts set up by the Bush administration are, I'm quite sure, in violation of all sorts of international obligations ratified and observed by our nation up until the Bush regime seized power in 2000.
George W. Bush, Richard Cheney and all those around them who enabled this travesty of justice and this trampling of international law and treaty obligations whould be put on trial at the Hague for War Crimes and if found appropropriate, Crimes Against Humanity. They are not just politicians run amok. They are criminals and they need to be charged, prosecuted and convicted just like those who planned and executed the Nazi aggression against Europe and Africa in the 30's and 40's. That is about the only thing I can think of that would actually restore both the credibility of the United States and the respect that must be given to international law and treaty obligations by the United States.
February 20, 2008 5:36 PM | Reply | Permalink
I agree w/John1141, I do not trust any Bush appointee,military or civilian.
The "Albatross President," His legacy will hang around America`s neck till these evils are righted.
February 20, 2008 5:43 PM | Reply | Permalink
AF - Bush IS making the GWOT analogous to WWII. Problem is, he's making US policies analogous to the Nazi's.
God help us, when the world decides to hold us accountable for the actions of this administration.
February 20, 2008 6:38 PM | Reply | Permalink