Team Infidel
Forum Spin Doctor
New York Times
October 20, 2007
Pg. 12
By William Glaberson
The former chief military prosecutor for the planned war-crimes trials of Guantánamo detainees said yesterday that he had been pressured by military officials to rely increasingly on classified evidence, which would require that long trial sessions be held behind closed doors rather than in open proceedings.
“Who ever said we had to have open trials?” the former chief prosecutor said a military official, Brig. Gen. Thomas W. Hartmann, told him in September.
The former prosecutor, Col. Morris D. Davis, described the dispute in an interview yesterday. Colonel Davis said it was part of an internal disagreement over whether war-crimes trials at Guantánamo Bay, Cuba, are to be largely public, displaying evidence against terrorism suspects, or largely closed, which could increase criticism of Guantánamo.
Colonel Davis, a career Air Force lawyer, said one of his priorities as chief prosecutor had been to get as much evidence as possible declassified so people around the world could assess the strength of cases against terrorism suspects. But he said two officials told him in September that he was wasting time declassifying evidence and that it was more important to move quickly by filing charges against detainees.
“No matter how perfect the trial is,” Colonel Davis said, “if it’s behind closed doors, it’s going to be viewed as a sham.”
Colonel Davis resigned Oct. 5 after a bitter turf dispute with General Hartmann, who was named legal adviser this summer to Susan J. Crawford, the senior official in the Office of Military Commissions at the Defense Department.
A Pentagon spokesman, Cmdr. Jeffrey D. Gordon, said that the law authorized the use of classified evidence in military commission prosecutions, but that the amount would vary from case to case. “It would be pure speculation,” Commander Gordon added, “to discuss how often classified testimony will be heard, but it is unlikely to be substantial in the majority of cases.”
Government officials have said that revealing the sources of information about detainees and the methods used for its collection would compromise efforts to protect Americans.
A spokeswoman for the Office of Military Commissions, Lt. Catheryne Pully, said General Hartmann and Ms. Crawford were unavailable for comment.
In the interview yesterday, Colonel Davis read from notes he said he made after a telephone conversation with General Hartmann on Sept. 10. He said the general expressed irritation at the slow pace of prosecutions and made the remarks about conducting trials with closed sessions.
Only 4 of the 330 detainees at Guantánamo have been charged under the Military Commissions Act passed by Congress last year. One case ended in a plea bargain. No trial has begun.
Richard Wilson, a law professor at American University who was until recently a defense lawyer in a commission case, said closed proceedings would highlight critics’ concerns about the proceedings. “It would strain credibility for the government to say, ‘Trust us,’” Professor Wilson said.
In August, Colonel Davis filed a formal complaint at the Pentagon claiming that General Hartmann had overstepped his role by asserting control over the prosecution office. This month, Pentagon officials told Colonel Davis that they were backing General Hartmann, and Colonel Davis asked to be reassigned.
In the interview, Colonel Davis said General Hartmann noted twice in September that a legal rule permitted military commission proceedings to be closed when classified evidence was being presented and said, “We’ve got to use it.” He said that on Sept. 21, Ms. Crawford told him she agreed with General Hartmann.
Colonel Davis, who has been assigned to another legal position after two years as the chief military prosecutor for Guantánamo, said he felt it was important to keep trials as open as possible.
He said that while he supported the use of military commissions, “this whole process is under a cloud” because of critics who have asserted that the administration created a legal system for detainees that gives them fewer rights than the country’s civilian justice system. He said the criticism could be mitigated “by keeping it as open and transparent as possible.”
Colonel Davis said he had worked with prosecutors to select evidence that could secure convictions while trying to limit the need to close the Guantánamo trials, which are expected to draw international attention.
October 20, 2007
Pg. 12
By William Glaberson
The former chief military prosecutor for the planned war-crimes trials of Guantánamo detainees said yesterday that he had been pressured by military officials to rely increasingly on classified evidence, which would require that long trial sessions be held behind closed doors rather than in open proceedings.
“Who ever said we had to have open trials?” the former chief prosecutor said a military official, Brig. Gen. Thomas W. Hartmann, told him in September.
The former prosecutor, Col. Morris D. Davis, described the dispute in an interview yesterday. Colonel Davis said it was part of an internal disagreement over whether war-crimes trials at Guantánamo Bay, Cuba, are to be largely public, displaying evidence against terrorism suspects, or largely closed, which could increase criticism of Guantánamo.
Colonel Davis, a career Air Force lawyer, said one of his priorities as chief prosecutor had been to get as much evidence as possible declassified so people around the world could assess the strength of cases against terrorism suspects. But he said two officials told him in September that he was wasting time declassifying evidence and that it was more important to move quickly by filing charges against detainees.
“No matter how perfect the trial is,” Colonel Davis said, “if it’s behind closed doors, it’s going to be viewed as a sham.”
Colonel Davis resigned Oct. 5 after a bitter turf dispute with General Hartmann, who was named legal adviser this summer to Susan J. Crawford, the senior official in the Office of Military Commissions at the Defense Department.
A Pentagon spokesman, Cmdr. Jeffrey D. Gordon, said that the law authorized the use of classified evidence in military commission prosecutions, but that the amount would vary from case to case. “It would be pure speculation,” Commander Gordon added, “to discuss how often classified testimony will be heard, but it is unlikely to be substantial in the majority of cases.”
Government officials have said that revealing the sources of information about detainees and the methods used for its collection would compromise efforts to protect Americans.
A spokeswoman for the Office of Military Commissions, Lt. Catheryne Pully, said General Hartmann and Ms. Crawford were unavailable for comment.
In the interview yesterday, Colonel Davis read from notes he said he made after a telephone conversation with General Hartmann on Sept. 10. He said the general expressed irritation at the slow pace of prosecutions and made the remarks about conducting trials with closed sessions.
Only 4 of the 330 detainees at Guantánamo have been charged under the Military Commissions Act passed by Congress last year. One case ended in a plea bargain. No trial has begun.
Richard Wilson, a law professor at American University who was until recently a defense lawyer in a commission case, said closed proceedings would highlight critics’ concerns about the proceedings. “It would strain credibility for the government to say, ‘Trust us,’” Professor Wilson said.
In August, Colonel Davis filed a formal complaint at the Pentagon claiming that General Hartmann had overstepped his role by asserting control over the prosecution office. This month, Pentagon officials told Colonel Davis that they were backing General Hartmann, and Colonel Davis asked to be reassigned.
In the interview, Colonel Davis said General Hartmann noted twice in September that a legal rule permitted military commission proceedings to be closed when classified evidence was being presented and said, “We’ve got to use it.” He said that on Sept. 21, Ms. Crawford told him she agreed with General Hartmann.
Colonel Davis, who has been assigned to another legal position after two years as the chief military prosecutor for Guantánamo, said he felt it was important to keep trials as open as possible.
He said that while he supported the use of military commissions, “this whole process is under a cloud” because of critics who have asserted that the administration created a legal system for detainees that gives them fewer rights than the country’s civilian justice system. He said the criticism could be mitigated “by keeping it as open and transparent as possible.”
Colonel Davis said he had worked with prosecutors to select evidence that could secure convictions while trying to limit the need to close the Guantánamo trials, which are expected to draw international attention.