No Comment — March 13, 2008, 11:31 am

Bar Questions Independence of Military Commissions

Barry Kamins, the president of the prestigious New York City Bar Association, has issued a stinging letter to senior Congressional leaders calling for hearings on the independence and integrity of the military commissions in Guantánamo. The letter cites statements made by Col. Morris Davis, the former chief military prosecutor in Guantánamo, in interviews with the Washington Post and the Nation. In both interviews, Davis recounts conversations he had with William J. Haynes II, the General Counsel of the Department of Defense. The Post article stated:

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.”

The account provided by the Nation raised similar issues:

When asked if he thought the men at Guantánamo could receive a fair trial, Davis provided the following account of an August 2005 meeting he had with Pentagon general counsel William Haynes–the man who now oversees the tribunal process for the Defense Department. “[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.’”

Kamins notes with alarm that the Pentagon failed to counter Davis’s assertions, merely making a bland statement “disputing” Davis’s account without anything more.

Haynes subsequently resigned his position at the Department of Defense to become corporate counsel at Chevron Inc. But Kamins notes that his resignation does not put an end to the questions. He points particularly to a restructuring of the command arrangements surrounding the military commissions under which the prosecutors, defense counsel and the convening authority were all placed under the command of Haynes.

The Bar letter points to the fact that when two military prosecutors were asked to testify before Congress, Haynes intervened in both cases, ordering them not to appear. “The orders were an obstruction of the Congressional oversight function,” the bar letter states. It recommends that the prosecutors and Haynes be brought back before Congress, under subpoena if witness invitations are resisted, to answer specific questions about the independence of the commissions and the integrity of the process which has been structured.

The letter also raises questions about the paucity of resources allocated to the defense and points to a number of other procedural questions. It cites “grave concerns about the military commissions process, and the recent questions raised regarding the basic integrity of the process highlight the need for congressional action.”

Share
Single Page

More from Scott Horton:

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

March 2016

Bird in a Cage

= Subscribers only.
Sign in here.
Subscribe here.

The Hidden Rivers of Brooklyn

= Subscribers only.
Sign in here.
Subscribe here.

Save Our Public Universities

= Subscribers only.
Sign in here.
Subscribe here.

The Rogue Agency

= Subscribers only.
Sign in here.
Subscribe here.

Mad Magazines

= Subscribers only.
Sign in here.
Subscribe here.

Killer Bunny in the Sky

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Save Our Public Universities·

= Subscribers only.
Sign in here.
Subscribe here.

“Whether and how we educate people is still a direct reflection of the degree of freedom we expect them to have, or want them to have.”
Photograph (crop) by Thomas Allen
Article
New Movies·

= Subscribers only.
Sign in here.
Subscribe here.

The Force Awakens criticizes American imperialism while also celebrating the revolutionary spirit that founded this country. When the movie needs to bridge the two points of view, it shifts to aerial combat, a default setting that mirrors the war on terror all too well.”
Still © Lucasfilm
Article
Isn’t It Romantic?·

= Subscribers only.
Sign in here.
Subscribe here.

“He had paid for much of her schooling, something he cannot help but mention, since the aftermath of any failed relationship brings an ungenerous and impossible impulse to claw back one’s misspent resources.”
Illustration by Shonagh Rae
Article
The Trouble with Iowa·

= Subscribers only.
Sign in here.
Subscribe here.

“It seems to defy reason that this anachronistic farm state — a demographic outlier, with no major cities and just 3 million people, nine out of ten of them white — should play such an outsized role in American politics.”
Photograph (detail) © Justin Sullivan/Getty Images
Article
Rule, Britannica·

= Subscribers only.
Sign in here.
Subscribe here.

“This is the strange magic of an arrangement of all the world’s knowledge in alphabetical order: any search for anything passes through things that have nothing in common with it but an initial letter.”
Artwork by Brian Dettmer. Courtesy the artist and P.P.O.W., New York City.

Number of people who attended the World Grits Festival, held in St. George, South Carolina, last spring:

60,000

The brown bears of Greece continued chewing through telephone poles.

In Peru, a 51-year-old activist became the first former sex worker to run for the national legislature. “I’m going to put order,” she said, “in that big brothel which is Congress.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Two Christmas Mornings of the Great War

By

Civilization masks us with a screen, from ourselves and from one another, with thin depth of unreality. We habitually live — do we not? — in a world self-created, half established, of false values arbitrarily upheld, largely inspired by misconception, misapprehension, wrong perspective, and defective proportion, misapplication.

Subscribe Today