Former US chief prosecutor condemns 'law-free zone' of Guantánamo

[Turborama]

Source: The Guardian

Ten years on from its creation, calls are mounting from legal and human rights experts for closure of the 'torture' centre on Cuba

Ed Vulliamy in New York | Sunday October 30 2011

The former chief prosecutor for the US government at Guantánamo Bay has accused the administration he served of operating a "law-free zone" there, on the eve of the 10th anniversary of the order to establish the detention camp on Cuba.

Retired air force colonel Morris Davis resigned in October 2007 in protest against interrogation methods at Guantánamo, and has made his remarks in the lead-up to 13 November, the anniversary of President George W Bush's executive order setting up military commissions to try terrorist suspects.

Davis said that the methods of interrogation used on Guantánamo detainees – which he described as "torture" – were in breach of the US's own statutes on torture, and added: "If torture is a crime, it should be prosecuted."

The US military, he said, had been ordered to use unlawful methods of interrogation by "civilian politicians, and to do so against our will and judgment".

Read more: http://www.guardian.co.uk/world/2011/oct/30/guantanamo-morris-davis

[TacticalPeek]

1. "If torture is a crime, it should be prosecuted."

"If torture is a crime, it should be prosecuted."



Just sayin'.

[OnyxCollie]

3. If?

Sad that's up for debate.

[Vattel]

2. Obama's DOJ won't prosecute

nor will they specifically explain why they are not prosecuting. They prefer to keep the people in the dark.

[red dog 1]

14. Holder Won't Prosecute Because POTUS Won't Let him. (Wait, There's More)

Not closing down Gitmo is just another broken promise by POTUS.

However, on a totally different, but just as important topic, Holder will be testifying again before the House Judiciary Committee on December 8 regarding the "Fast and Furious" ATF Program (What did he know &, most importantly, WHEN did he know it)

THAT should be interesting!

http://www.cbsnews.com/8301-31727_162-2012717/

(ATF gunwalker update: Eric Holder to testify on Fast and Furious)

[EFerrari]

18. Don't forget Obama's black sites at Bagram and Mogadishu.

No, Obama won't prosecute.

[red dog 1]

19. The CBS News Link In Post 14 Is Incorrect or Broken...... Here is New Link.

http://www.politico.com/news/stories/1011/67092.html

[OnyxCollie]

4. K&R. nt

[Marazinia]

5. One good thing

After we toss these current bums out on their ears, we can prosecute the Bush human rights violators and the Obama human rights violators both, right up to Bush and Obama respectively if proof of knowledge and complicity can be uncovered. That's when I'll know America has changed. Not when we have a new party, not when we have platitudes from the fresh faces in power, not even when we have new laws. I'll know when civil and human rights laws that already exist are enforced to the fullest against everyone, including former Presidents.

[Arctic Dave]

6. K&R

[earcandle]

7. If Obama's DOJ is derelict in his duties then fire him. Don't we have recourse when our leaders

negiligent or political in performing the people's work to
protect our public interest? If not, this has got to be
addressed.  38 states? 

[Name removed]

8. Deleted message

Message removed by moderator. Click here to review the message board rules.

[defendandprotect]

11. Thomas Jefferson, like our Constitution, represents the elite schizophrenic thinking that

delivered a Constitution/Bill of Rights allegedly dedicated to democracy and

"equality for all" while siding with slave states/slave owners and embracing

inequality for Native Americans, Africans Americans and Women!

[red dog 1]

13. Kick & Recommend!

[Marazinia]

16. Thanks!

[Marazinia]

15. I do like to believe that

Somewhere in his churning brain, he knew how screwed up it all was, including his own attitudes and actions. Because he was far from a stupid man.

[defendandprotect]

22. An interesting view ....

of Jefferson is the relationship with Sally Hemmings ....

and Annette Gordon Reid wrote a brilliant and powerful book on that relationship

almost as if trying a legal case -- and she certainly proves her case, imo.


Other than that, however, I'm only averagely familiar with Jefferson except for the

quotes we come upon so often -- including here at DU.

And his comments, of course, damning the Bible as violent and disgusting.


I do like to believe that
Somewhere in his churning brain, he knew how screwed up it all was, including his own attitudes and actions. Because he was far from a stupid man.

Agree that he knew, but I think the die was cast for our nation and the planet when we

adopted capitalism and the dollar bill. How much better off we would have been without

both as the Native American tried over and again to point out to the "discoverers" -- !!



:hi:

[defendandprotect]

9. Military law is anti-torture -- Civilian common sense registers torture as a threat to democracy !!

MIC -- national security state -- CIA -- TORTURE --

Corporations which support this murder industry are all a threat to democracy

and to citizens!

[pmorlan1]

10. Shameful

This is yet another example of how far we've fallen as a country. The rule of law is blatantly ignored by our politicians and the media just ignores it.

[certainot]

12. oh c'mon! if 600 radio stations can sell club gitmo t-shirts and coffee mugs without a complaint on

stations that do the state university and pro sports, it has to be acceptable for america.

and with 1000 radio stations all together making excuses for it whenever the subject rears its head, and no one complains, no big deal. right?

that is why torture is acceptable to so many people, and why republican politicians and media fuckheads can defend it in public and not be pissed on.

[Little Tich]

17. Morris Davis on crimesofwar.org: Torture: Finding our Moral Compass

-Snip-

As chief prosecutor for the military commissions, I personally approved the charges against some of the detainees now convicted of war crimes and I participated in discussions on potential charges against others like Khalid Sheikh Mohammed. A phrase used repeatedly in detainee charges is “in violation of the law of war.” As a career military attorney, prosecuting those who violated the law of war was a duty I readily accepted. For nearly two years, I was a vocal supporter of the detention facility at Guantanamo and the military commissions. In June 2007, I published an op-ed entitled “The Guantanamo I Know,” where I defended the detention facility and the military commission process.



I instructed the prosecutors that we would not use information derived by waterboarding or any other technique that went too far, and for two years that policy was unchallenged. Then, in October 2007, I received a written order from Deputy Secretary of Defense Gordon England placing me under the command of Brigadier General Tom Hartmann and Defense Department General Counsel Jim Haynes. Hartmann disputed the policy I established arguing that “President Bush said we don’t torture, so what makes you think you have the authority to say we do?” He believed the information I had excluded should be introduced as evidence in detainee trials. Haynes was the architect of the memo former Secretary of Defense Donald Rumsfeld signed authorizing enhanced interrogation techniques, the memo on which Rumsfeld scribbled, “I stand 8-10 hours a day. Why is standing limited to four hours?” I was summoned to the Pentagon and given a copy of the order. I went back to my office and drafted my resignation. Information obtained by extreme coercion – what most call torture – has no place as evidence in what purports to be an American military court of justice.

-snip-

Read More: http://www.crimesofwar.org/commentary/torture-finding-our-moral-compass/

______________________________________________________________________________________________________________________________________

I wish people like Morris Davis wouldn't have to resign in order to defend justice and the rule of law.

[Solly Mack]

20. K&R

tick tock

[chill_wind]

21. k & R.