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:

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.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

March 2015

A Sage in Harlem

= Subscribers only.
Sign in here.
Subscribe here.

The Man Stopped

= Subscribers only.
Sign in here.
Subscribe here.

The Spy Who Fired Me

= Subscribers only.
Sign in here.
Subscribe here.

Giving Up the Ghost

= Subscribers only.
Sign in here.
Subscribe here.

Invisible and Insidious

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
No Slant to the Sun·

= Subscribers only.
Sign in here.
Subscribe here.

“She didn’t speak the language, beyond “¿cuánto?” and “demasiado,” but that didn’t stop her. She wanted things. She wanted life, new experiences, a change in the routine.”
Photograph © Stuart Franklin/Magnum Photos
[Browsings]
Burn After Reading·

= Subscribers only.
Sign in here.
Subscribe here.

William Powell published The Anarchist Cookbook in 1971. He spent the next four decades fighting to take it out of print.
“The book has hovered like an awkward question on the rim of my consciousness for years.”
© JP Laffont/Sygma/Corbis
Article
The Fourth Branch·

= Subscribers only.
Sign in here.
Subscribe here.

“Both the United States and the Soviet Union saw student politics as a proxy battleground for their rivalry.”
Photograph © Gerald R. Brimacombe/The LIFE Images Collection/Getty Images
Article
The Spy Who Fired Me·

= Subscribers only.
Sign in here.
Subscribe here.

“In industry after industry, this data collection is part of an expensive, high-tech effort to squeeze every last drop of productivity from corporate workforces.”
Illustration by John Ritter
Article
Invisible and Insidious·

= Subscribers only.
Sign in here.
Subscribe here.

“Wherever we are, radiation finds and damages us, at best imperceptibly.”
Photograph © 2011 Massimo Mastrorillo and Donald Weber/VII

Hours per day that a death-row inmate in China wears hand and ankle restraints:

24

A multidisciplinary team detected cardiac arrhythmia in the works of Beethoven.

There was a run on cases of 5.56mm M855 green-tip rifle bullets, after the White House moved to ban their manufacture and sale because they can pierce police armor.

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

HARPER’S FINEST

Driving Mr. Albert

By

He could be one of a million beach-bound, black-socked Florida retirees, not the man who, by some odd happenstance of life, possesses the brain of Albert Einstein — literally cut it out of the dead scientist's head.

Subscribe Today