Gitmo Prosecutor Clash Disrupts Trials
A clash between the top Guantanamo prosecutor and his superior has slowed the effort to bring terrorism suspects to justice.
The prosecutor, Col. Morris Davis, alleges in a written complaint that a Pentagon legal adviser has interfered with and in effect micromanaged cases, the Wall Street Journal reports (sub. req.).
“If someone above me tries to intimidate me in determining who we will charge, what we will charge, what evidence we will try to introduce, and how we will conduct a prosecution, then I will resign,” Davis said in a statement for the newspaper.
He has refused to file additional charges against detainees until the standoff is resolved. Meanwhile other prosecutors in his office are unsure how to proceed.
Davis’ complaint is against Brig. Gen. Thomas Hartmann, who advises the administrator overseeing the detainee trials. Davis bristles at Hartmann’s suggestion that a plea bargain may be appropriate for Osama bin Laden driver Salim Hamdan. He also opposes Hartmann’s push to try more high-profile cases first, even if they must be heard behind closed doors because of classified evidence.
The Pentagon appointed the chief judge of the Army Court of Criminal Appeals to investigate. A senior defense official says his report backs Hartmann because he is the superior officer. Davis’ separate complaint is pending.
