Former Gitmo Prosecutor to Testify for Bin Laden?s Driver
By Dan Slater
Salim Hamdan — Osama bin Laden’s former driver got some pretty good news yesterday regarding his upcoming case. Gitmo’s former chief prosecutor will testify on Hamdan’s behalf. Here’s the story from LB colleague Jess Bravin.
In what Bravin describes as “another blow to the Bush administration,” Col. Morris Davis, who resigned in October in a dispute with Defense Department superiors, agreed to testify at an April 28 hearing at the request of Hamdan’s attorneys.
According to the report, Davis, although he criticizes the Pentagon’s refusal to rule out the use of evidence obtained through waterboarding, says his decision to testify doesn’t mean he plans to suggest that Hamdan is innocent. At a recent meeting with defense lawyers Davis said, “I’m more than happy to describe my observations of the process, but you probably don’t want me to testify on the guilt or innocence of your clients.”
In December, Davis was blocked from testifying that policy changes had left the military-commission system — which was set up to prosecute Gitmo prisoners for war crimes — open to improper political influence, including possible pressure to use information obtained through waterboarding.
One of Hamdan’s lawyers, Lieutenant Commander Brian Mizer, said that at Guantanamo, he expected Davis to testify about his discussions with Sens. John McCain (R., Ariz.) and Lindsey Graham (R., S.C.) during the drafting of the Military Commissions Act, and about the role played by William J. Haynes II, the Bush-appointed Pentagon general counsel. Cmdr. Mizer said he sought out Col. Davis after reading press accounts of his complaints. “It certainly was awkward,” he said. “This is our former foe in the courtroom.”
Gitmo Prosecutor to Testify on Behalf of Prosecuted Colonel Morris D. Davis, the former chief prosecutor at Guantanamo Bay, has agreed to testify on behalf of Salim Hamdan, a driver for Osama bin Laden, because Davis has "significant doubt about whether [the military commission system] will deliver full, fair and open hearings," the New York Times reported...
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