The former chief military prosecutor at Guantanamo is now going to act as a witness for the defense in the upcoming trial of Salim Ahmed Hamdan, the alleged former driver of Osama bin Laden:
Air Force Col. Morris Davis, who resigned in October over alleged political interference in the U.S. military tribunals, told The Associated Press he will appear at a hearing for Salim Ahmed Hamdan.
"I expect to be called as a witness ... I'm more than happy to testify," Davis said in a telephone interview from Washington. He called it "an opportunity to tell the truth."At the April pretrial hearing inside the U.S. military base in southeast Cuba, Hamdan's defense team plans to argue that alleged political interference cited by Davis violates the Military Commissions Act, Hamdan's military lawyer, Navy Lt. Brian Mizer, told the AP.
Davis alleges, among other things, that Pentagon general counsel William Haynes said in August 2005 that any acquittals of terrorism suspects at Guantanamo would make the United States look bad, calling into question the fairness of the proceedings.
"He said 'We can't have acquittals, we've got to have convictions,'" Davis recalled.
The former chief prosecutor says the statement by Haynes, first reported this week in The Nation magazine, occurred after the general counsel compared the Guantanamo tribunals to Nuremberg and Davis says he pointed out some of those tried at the end of World War II were acquitted, giving them more credibility in the eyes of the world.
At the time, Davis says, he shrugged off the comments. But he came to view them as alarming after he was placed in a chain of command under Haynes and the prosecutor began to sense political pressure on his work.
If stories like this are even close to true, no doubt he will have plenty to say:
We represent Saudi-born Abu Zubaydah in a legal effort to force the administration to show why he is being detained. And this week, with our first meeting, we begin the laborious task of sifting fact from fantasy. Yet we worry it may already be too late.
The administration declares with certainty that Zubaydah is a "senior terrorist leader and a trusted associate of Osama bin Laden" who "helped smuggle al-Qaeda leaders out of Afghanistan." Dan Coleman, a former FBI analyst who was on the team that reviewed Zubaydah's background file, disagrees, describing him as "insane, certifiable" and saying he "knew very little about real operations, or strategy." We do not presume to know the truth. So far, we know only what has been publicly reported. But we hope to uncover the facts and present them to those with the power to act upon them.Yet Zubaydah's mind may be beyond our reach. Regardless of whether he was "insane" to begin with, he has gone through quite an ordeal since his arrest in Pakistan in March 2002. Shuttled through CIA "black sites" around the world, he was subjected to a sustained course of interrogation designed to instill what a CIA training manual euphemistically calls "debility, dependence and dread." Zubaydah's world became freezing rooms alternating with sweltering cells. Screaming noise replaced by endless silence. Blinding light followed by dark, underground chambers. Hours confined in contorted positions. And, as we recently learned, Zubaydah was subjected to waterboarding. We do not know what remains of his mind, and we will probably never know what he experienced.
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