Ex-Prosecutor AF Colonel: Pentagon Playing Politics With Guantanamo Hearings

[DeSwiss]

Ex-Prosecutor Alleges Pentagon Plays Politics
Pressure for 'Sexy' Guantanamo Hearings

By Josh White
Washington Post Staff Writer
Saturday, October 20, 2007; Page A03

Politically motivated officials at the Pentagon have pushed for convictions of high-profile detainees ahead of the 2008 elections, the former lead prosecutor for terrorism trials at Guantanamo Bay said last night, adding that the pressure played a part in his decision to resign earlier this month. Senior defense officials discussed in a September 2006 meeting the "strategic political value" of putting some prominent detainees on trial, said Air Force Col. Morris Davis. He said that he felt pressure to pursue cases that were deemed "sexy" over those that prosecutors believed were the most solid or were ready to go.

Davis said his resignation was also prompted by newly appointed senior officials seeking to use classified evidence in what would be closed sessions of court, and by almost all elements of the military commissions process being put under the Defense Department general counsel's command, something he believes could present serious conflicts of interest. "There was a big concern that the election of 2008 is coming up," Davis said. "People wanted to get the cases going. There was a rush to get high-interest cases into court at the expense of openness."

Davis said he thought the military commissions could go forward as a legitimate way to try alleged terrorists in U.S. custody, but he said he had serious concerns about how the new officials were approaching the commissions. He said he felt a sense of expediency over thoroughness was taking hold and that efforts to use classified evidence -- a controversial idea that has drawn congressional concern -- could taint the trials in the eyes of international observers. Davis abruptly resigned after complaining that his authority in prosecutions was being usurped. He argued that Air Force Brig. Gen. Thomas Hartmann, a new legal adviser to the convening authority for military commissions, should remain a neutral and independent party and should leave prosecuting cases to prosecutors.

In his complaint, Davis alleged that Hartmann inappropriately requested detailed information on pending cases, defined the sequence in which cases would be brought forward and expressed an intent to personally conduct pretrial negotiations with defendants' attorneys. A Pentagon review found that Hartmann did not attempt to coerce Davis's team but advised that he should "diligently avoid aligning himself with the prosecutorial function so that he can objectively and independently provide cogent legal advice" to the convening authority -- the official in charge of supervising the commissions.

http://www.washingtonpost.com/wp-dyn/content/article/2007/10/20/AR2007102000179.html?hpid=moreheadlines">More

- The most surprising thing about this article, is that it appeared in the Washington Post.....

[Richard Steele]

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