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: Law Blog - WSJ.comFormer 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.”
Full post as published by Law Blog - WSJ.com on February 22, 2008 (boomark / email).
"Bin Laden driver is 1st test of Gitmo trials"
"Bin Laden driver is 1st test of Gitmo trials": The Associated Press provides this report.
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...
"Gitmo jury gives bin Laden driver light sentence"
"Gitmo jury gives bin Laden driver light sentence": The Associated Press provides a report that begins, "A military jury gave Osama bin Laden's driver a stunningly lenient sentence on Thursday, making him eligible for release in just five months despite the prosecutors' request for a sentence tough enough to frighten terrorists around the globe...
"Ex-Gitmo prosecutor seeks immunity for testimony; A war court prosecutor who had resigned sought a grant of prosecutorial immunity to testify at Guantanamo for a foot soldier accused of terrorism"
"Ex-Gitmo prosecutor seeks immunity for testimony; A war court prosecutor who had resigned sought a grant of prosecutorial immunity to testify at Guantanamo for a foot soldier accused of terrorism": Carol Rosenberg has this article today in The Miami Herald...
"Justice at Gitmo: Releasing Salim Ahmed Hamdan, the former driver for Osama bin Laden, after he has served his time is the right thing; It's also smart policy."
"Justice at Gitmo: Releasing Salim Ahmed Hamdan, the former driver for Osama bin Laden, after he has served his time is the right thing; It's also smart policy." This editorial appears today in The Los Angeles Times.
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When the prosecutor delivered his opening statement in the military commission trial of Salim Hamdan ? Osama bin Laden?s former driver ? he said he would show that Hamdan heard bin Laden describe the target of United Flight 93, the hijacked plane that crashed in a field just outside of Shanksville, Pennsylvania, killing all 44 [...
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