Posted by
Rich on Wednesday, April 30, 2008 11:21:44 AM
The Sarasota Herald-Tribune in their editorial, "Guantanamo's tainted trials"
uses the words of yet another decorated veteran to falsely accuse the
military of a, "political agenda [that] has compromised the justice
system at the U.S. detention facility in Guantanamo Bay, Cuba."
To
prove their case they quote decorated retired Air Force Colonel Morris
D. "Mo" Davis. First we thank Colonel "Mo"Davis [pictured here] for
his service to this great nation.
The editorial board uses this
respected veteran as a hammer to strike at the administration of
President Bush. The editorial board states, "Abusive interrogations,
imprisonment without charges and broken rules of evidence are some of
the ways that the White House, Justice Department and Pentagon have
compromised traditional American principles of justice following the
Sept. 11, 2001, terrorist attacks."
What they don't tell you is what Colonel Davis said in his June 26, 2007 New York Times op-ed article, "The Guantanamo I know".
In
his op-ed piece Colonel Davis states, "LINDSEY GRAHAM, a Republican
senator from South Carolina, is right: “The image of Guantánamo Bay and
the reality of Guantánamo Bay are completely different.” It is
disappointing that so many embrace a contrived image. Reality for
Guantánamo Bay is the daily professionalism of its staff, the humanity
of its detention centers and the fair and transparent nature of the
military commissions charged with trying war criminals. It is a reality
that has been all but ignored or forgotten."
Colonel Davis goes
on to say, "Some imply that if a defendant does not get a trial that
looks like Martha Stewart’s and ends like O. J. Simpson’s, then
military commissions are flawed. They are mistaken. The Constitution
does not extend to alien unlawful enemy combatants. They are entitled
to protections under Common Article 3 of the Geneva Conventions, which
ensures they are afforded “all the judicial guarantees which are
recognized as indispensable by civilized peoples.”
"Justice John
Paul Stevens, in the Hamdan decision that rejected an earlier plan for
military commissions, observed that Article 75 of the Additional
Protocol to the Geneva Conventions defines the judicial guarantees
recognized as indispensable. A comparison of Article 75 and the
Military Commissions Act of 2006 shows military commissions provide the
fundamental guarantees."
According to Wikipedia, "[Colonel] Davis
called the Supreme Court's intention to review the Military Commissions
Act "meddling": "This constant uncertainty and meddling certainly takes
a toll on people, It would be nice to have some certainty for a change."
The
Sarasota Herald-Tribune editorial board does not explain why Colonel
Davis resigned as chief prosecutor. They state, "Davis resigned last
fall as the Pentagon's chief prosecutor of terrorism cases. He said at
the time he felt pressure from superiors to win convictions before U.S.
elections this November so the administration could say the Guantanamo
trial system works.
This is not true, which means it is a lie. Colonel Davis resigned because he did not like his new boss.
In
October 2007 Colonel Davis resigned from his position as Chief
Prosecutor and became the Head of the Air Force Judiciary stating that
"The guy who said waterboarding is A-okay I was not going to take
orders from, I quit", hours after he was informed that General Counsel
William Haynes would be his superior.
Finally, Colonel Davis has been highly critical of other officers who have used their positions to make political statements.
In a March 5, 2007 New York Time article by Raymond Bonner titled, "Terror Case Prosecutor Assails Defense Lawyer"
states, "The prosecutor, Col. Morris D. Davis, said that the lawyer,
Maj. Michael Mori of the United States Marine Corps, should not be
making public appearances in Australia in uniform on behalf of his
client, David Hicks, and that he faced possible prosecution for some of
his remarks."
The article goes on to state, "He [Major Mori]
compared Colonel Davis’s statements with remarks made last year by a
senior Pentagon official, Charles D. Stimson, who was then the deputy
assistant secretary of defense for detainee affairs, who said that
corporations should consider not using law firms that represented
Guantánamo detainees pro bono. His remarks brought a torrent of
objections, and he was forced to resign."
Colonel "Mo" Davis was
a fierce prosecutor of terrorists. He said, "Remember if you dragged
Dracula out into the sunlight he melted? Well, that's kind of the way
it is trying to drag a [terrorist] detainee into the courtroom."
We
again thank Colonel "Mo" Davis for his service. We have tried to
provide the full story and background on this issue, unlike the
Sarasota Herald-Tribune.
We are concerned that the Sarasota
Herald-Tribune is in a precipitous retreat from journalistic and
ethical standards as they push their single-minded political agenda.