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February 22, 2008

Gitmo’s former lead prosecutor to be defense witness

As I expected, after his resignation from the Army’s prosecution team, followed by a detailed explanation of why, from the biggest issue of advance presumption of guilt on down in pending trials of Gitmo detainees, Col. Morris Davis is going to be a defense witness for them. But, hold on:
It is not clear whether the Pentagon — which defends the commission system as fair — will allow Davis to testify. In December, two months after he resigned as the chief prosecutor for the Guantanamo war crimes tribunals, the Defense Department barred Davis from appearing before a Senate Judiciary subcommittee.

I’m sure defense attorneys will challenge such a block on Congressional grounds, and a trial is something different from a Congressional hearing.

That said, if the brass-hat wingnuts increasingly populating the higher eschalons of the What-a-gon try this, Davis could do something really dramatic, like resign his commission while tearing apart his uniform on the steps of the Pentagon.

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