Morris Davis
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Colonel Morris D. Davis (born July 31, 1958) is a United States Air Force officer and lawyer, was appointed to serve as the third chief prosecutor in the Guantanamo military commissions.[1] He resigned from the position and retires from active duty in October 2008.
Contents |
[edit] Military career
| date | rank | post |
| 1983-1988 | Lieutenant/Captain | Eastern Space and Missile Center, Patrick Air Force Base |
| 1989-1991 | Captain/Major | Bolling Air Force Base |
| 1991-1992 | Major | student, Army Judge Advocate General School |
| 1992-1995 | Major | instructor, Air Force Judge Advocate General School |
| 1995-1997 | Lieutenant Colonel | staff judge advocate Columbus Air Force Base |
| 1997-2000 | Lieutenant Colonel | staff judge advocate Dyess Air Force Base |
| 2000-2003 | Lieutenant Colonel/Colonel | deputy commandant, Air Force Judge Advocate General School |
| 2003-2005 | Colonel | director, Air Force Legal Information Services, Air Force Legal Services Agency |
| January 2005- September 2005 |
Colonel | staff judge advocate F.E. Warren Air Force Base |
| September 2005- October 2007 |
Colonel | Chief Prosecutor, Guantanamo military commissions |
[edit] Education
| year | degree |
| 1980 | Bachelor of Science in criminal justice, Appalachian State University, Boone, North Carolina |
| 1983 | Juris doctorate, North Carolina Central University School of Law, Durham, North Carolina |
| 1992 | Master of laws in military law (concentration in government procurement law), Army Judge Advocate General School, Charlottesville, Virginia |
| 1992 | Master of laws in government procurement law, The National Law Center, George Washington University, Washington, D.C. |
[edit] Awards
Davis has received the following awards and recognition.[2]
- Outstanding Judge Advocate for Headquarters Air Force in 1990.
- Air Force Meritorious Service Medal with four oak leaf clusters
- Air Force Commendation Medal with two oak leaf clusters
- Air Force Achievement Medal with one oak leaf cluster
- Southwest Asia Service Medal
[edit] Guantanamo service
Unlike his predecessors, Fred Borch and Robert L. Swann, Davis has been a visible public figure.[1][3][4][5][6] His statements have triggered controversy.[7][8]
[edit] Questionable claims
A National Post article published January 10, 2006 contained extensive quotes from Davis's arguments before the commission, including at one in which Davis said: "Thanks to the American medics who stepped over their dead friend and tended to Mr. Khadr, he's alive today,"[4]
SFC Christopher Speer, a Special Forces medic, was fatally wounded along with two coalition forces, and multiple U.S. forces were wounded and evacuated as a result of the firefight (U.S. v Omar Khadr, Nov 2005). Though medics did not specifically step over Speer's body to tend to Khadr's wounds, two other dead coalition forces were on the ground as Khadr was receiving treatment and evacuation. SFC Speer was also evacuated from the scene and died in a hospital ten days after the firefight.
Davis also asserted that Sergeant Layne Morris was wounded by the same grenade that mortally wounded Speer. But at least one detailed newspaper account described Morris being wounded prior to the aerial bombardment, four hours prior to Speer's wounding.[9]
[edit] Comments on the character of the suspects and their attorneys
Khadr's attorney, Muneer Ahmad of American University, accused Colonel Davis of ethical misconduct for referring to Khadr as a terrorist and a murderer during the January 10 press conference. Ahmad asked the presiding officer to sanction Colonel Davis for the comments, but the presiding officer found the comments were fair and balanced given repeated negative out of court statements Ahmad made for months prior to the hearing. When asked why the prosecution had finally broken its silence, Davis said:[10]
"For a number of months we've sat on the sidelines. We've just kind of taken it. There comes a time when you don't take it anymore."
On February 28, 2006 Davis spoke out again regarding the commissions, saying:[5]
"Remember if you dragged Dracula out into the sunlight he melted? Well, that's kind of the way it is trying to drag a detainee into the courtroom."
Davis has also challenged military counsel for Australian detainee David Matthew Hicks by threatening prosecution of Major Michael Mori, Hicks's detailed lawyer, for violation of the Uniform Code of Military Justice.[6][11][12][13] Mori responded "Are they trying to intimidate me?"
[edit] "The Guantánamo I Know"
On June 26, 2007 an op-ed by Davis, entitled "The Guantanamo I know", was published in the New York Times.[3]
[edit] Supreme court to hear challenges to the Military Commissions Act
In addition to authorizing military commissions similar to those the Supreme Court overturned the Military Commissions Act of 2006 was intended to close off all the remaining writs of habeas corpus. On June 29, 2007 the Supreme Court agreed to hear outstanding habeas corpus, opening up the possibility that they might overturn some or all of the Military Commissions Act.[14]
Davis called the Supreme Court's intention to review the MCA "meddling": [15]
"This constant uncertainty and meddling certainly takes a toll on people, It would be nice to have some certainty for a change."
[edit] Resignation as Chief Prosecutor at Guantanamo Bay
In October 2007 Colonel Davis resigned from his position as Chief Prosecutor and became the Head of the Air Force Judiciary stating that "The guy who said waterboarding is A-okay I was not going to take orders from. I quit", hours after he was informed that controversial General Counsel William Haynes would be his superior.[16] He also charged that there was meddling from the Pentagon, and claimed this presented serious conflicts of interest: [17]
Davis states that he was denied an end-of-tour medal for his two years at Guantanamo because he resigned and later spoke out about problems in the Pentagon's Office of Military Commissions. Davis stated about the medal denial, "I tell the truth, and I get labeled as having served dishonorably. I'm very concerned about the chilling effect . . . on the process".[18]
[edit] References
- ^ a b Beth Gorham. "Canadian no innocent, U.S. prosecutor argues", Globe and Mail, January 10, 2006. Retrieved on 2006-01-10.
- ^ a b c Biography: Colonel Morris D. Davis. Department of Defense. Retrieved on 2007-06-28.
- ^ a b Morris D. Davis. "The Guantánamo I Know", New York Times, June 26, 2007. Retrieved on 2007-06-26.
- ^ a b "Prosecutor says teen should be tried by military tribunal", National Post, January 10, 2006. Retrieved on January 10.
- ^ a b "Prosecutor vows to proceed with war crimes trials", The Bradenton Herald,, February 28, 2006. Retrieved on March 1.
- ^ a b "Terror Case Prosecutor Assails Defense Lawyer".
- ^ "All Is Not Well at Guantánamo (6 Letters)", New York Times, June 27, 2007. Retrieved on 2007-06-28.
- ^ "Guantánamo and U.S. justice", International Herald Tribune. Retrieved on 2007-06-28.
- ^ "The Good Son", originally published in the National Post, December 28, 2002. Retrieved on January 15.
- ^ "U.S. tribunal rejects gag order in Khadr case", Global National, January 13, 2006. Retrieved on January 15.
- ^ H. Candace Gorman. "Cully's Mentor MOE and His Six Point Plan", Huffington Post, March 5, 2007. Retrieved on 2007-06-28.
- ^ H. Candace Gorman. "Is There a Larry Lurking in the Bushies?", Huffington Post, May 22, 2007. Retrieved on 2007-06-28.
- ^ Bernard Hibbitts. "US military commissions prosecutor slams Hicks military lawyer for alleged excesses", The Jurist, Monday, March 5, 2007. Retrieved on 2007-06-28.
- ^ Jeannie Shawl. "Supreme Court to hear Guantanamo Bay detainee habeas cases", The Jurist, Friday, June 29, 2007. Retrieved on 2007-06-29.
- ^ James Vicini. "Court to hear Guantanamo prisoners appeals", Washington Post, Friday, June 29, 2007. Retrieved on 2007-06-29.
- ^ Melia, Michael. Toronto Star, "Ex-Gitmo prosecutor charges Pentagon interference", April 29 2008
- ^ Josh White. "Ex-Prosecutor Alleges Pentagon Plays Politics", Washington Post, Saturday, October 20, 2007. Retrieved on 2007-10-20.
- ^ White, Josh, "Colonel Says Speaking Out Cost A Medal", Washington Post, May 29, 2008, pg 9.
[edit] External links
- U.S. v Omar Khadr (.pdf), US Department of Defense, November 2005
- Official biography (.pdf), US Department of Defense
- Military Commissions in the War on Terror [CWRU]. The Jurist (Thursday, March 9, 2006). Retrieved on 2007-06-28.
- Morris Davis. "Unforgivable Behavior, Inadmissible Evidence", New York Times, February 17, 2008. Retrieved on 2008-02-10.
