GITMO Prosecutor Sues Feds After Being Fired for Op-Eds Criticizing Obama
- Posted on November 10, 2011 at 10:01pm by
Buck Sexton
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(The Blaze/AP)- The former chief military prosecutor at Guantanamo Bay is suing the Library of Congress for firing him after he wrote opinion columns in two leading newspapers criticizing the Obama administration’s decision to try some suspected terrorists before military tribunals.
Attorneys from the American Civil Liberties Union argued Thursday in federal appeals court in Washington that retired Air Force Col. Morris Davis should be allowed to continue the lawsuit against the ex-supervisor who fired him.
The government argues that Davis violated his responsibility as a high-level official at the Congressional Research Service, a division of the library that’s responsible for producing objective nonpartisan reports to lawmakers, when he spoke out publicly against the administration’s policy using a “provocative tone.”
ACLU lawyer Aden Fine said Davis was not speaking as a library employee but as a private citizen with a constitutional right to free speech.
Davis left the military in 2007 after 25 years of service. In the final two years, he oversaw the prosecution of suspected terrorists at Guantanamo Bay, and that led him to believe the system was flawed by a lack of defendant’s rights and by political interference.
Fine noted that Davis had spoken out repeatedly against the use of the system by the Bush and Obama administrations before his was hired by the library in December 2008 and during his 11 months there overseeing research on foreign affairs, defense and trade policy issues.
But it was the columns in The Wall Street Journal and The Washington Post in November 2009 that led to his firing. He was responding to the Obama administration’s decision to try some Guantanamo detainees in federal courts and others in the military commissions system. He argued there should be one equal system for all.
“We need to work to change the negative perceptions that exist about Guantanamo and our commitment to the law,” Davis wrote in the Wall Street Journal. “Formally establishing a legal double standard will only reinforce them.”
As a new library employee, Davis was on one year’s probation at the time. His former boss, ex-CRS Director Daniel Mulhollan, told Davis the day after his writings were published that he would not be made a permanent employee as had been planned. Davis was later fired. Davis sued Mulhollan and Librarian of Congress James Billington.
A lower court judge rejected motions by Mulhollan and Billington to throw out the case; Mulhollan appealed that ruling.
Justice Department lawyer Sharon Swingle told the appeals court that Davis’ writings cast doubt on his discretion and judgment and ability to serve as a high-level official at the service that prides itself on objectivity. While Davis did not oversee research on Guantanamo Bay policy at the CRS, Swingle said he dealt with officials who did.
Davis’ lawyer faced skeptical questioning from the three-judge panel hearing the appeal.
David Sentelle, chief judge of the court, pointed out that federal employees don’t have unlimited free speech rights.
“The three of us on this bench can’t go out making political statements,” said Sentelle, who was nominated to the federal bench by President Ronald Reagan. He said Davis was criticizing attorneys general of two parties while overseeing foreign affairs.
“He did, your honor,” Fine responded, “but the First Amendment protects his right to do that.”
“We haven’t decided that,” Sentelle interjected.
He later called Davis’ writings “a personal attack on both administrations” while he’s working in an office to provide nonpartisan advice. “It’s not supposed to be bipartisan, it’s supposed to be nonpartisan,” Sentelle said.
The Library of Congress encourages its officials to speak and write publicly. But Judge Judith Rogers, appointed to the appeals court by President Bill Clinton, said it’s one thing to speak at a law school or association, but “it’s quite a different thing to be in The Washington Post.”
Fine responded that may be true, but it‘s not the library’s policy to differentiate.
Judge Karen LeCraft Henderson pointed out that the same three judges hearing Davis’ case ruled against Joe Wilson, who sued Vice President Dick Cheney and other former Bush administration officials based on Wilson’s claim that they retaliated when he wrote a column in The New York Times criticizing their Iraq war intelligence.
Henderson said Wilson, who was not a federal employee, had even greater rights to free speech than Davis. “Are we going to give him more than we gave Joe Wilson?” Henderson asked skeptically. She was nominated to the court by President George H.W. Bush.
Rogers said she wondered why Davis was ever hired by the library in the first place, given his outspoken criticism of the Guantanamo policy.
Swingle responded that the CRS recruits experts who are likely to have spoken out in their subject matter area before, but they are expected to comply with the library policy once they are hired. She argued that Davis’ writings in the two newspapers used especially “intemperate language.”
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zoro51
Posted on November 11, 2011 at 11:14ameven the military can see evita obama /obama mousolini for what HE is.. a MUSLUM LOVING SOCIALIST who desires to RAPE N RUIN AMERICA so HE spoe his mind FREEDOM OF SPEECH is just that FREE.. so he vented at obama and?? was he the first ever to vent?? NO will he be the last to vent ??.. NO OS sue n WIN.. FIRE OBAMA SAVE THE USA
Report Post »JRook
Posted on November 11, 2011 at 11:51am@zoro51 You really need to either go easy on the roids or get back on your medication. No doubt commenters like yourself here would defend a company for firing and employee who spoke out against the company’s policies and decisions of the CEO in national newspapers. This is no different. Unless the policy is against the law, agency policy he is expected to follow it. He can write his book and speak out after his employment.
Report Post »Morris
Posted on November 12, 2011 at 10:44amAmerica,Do “WE THE PEOPLE” of the United States Of America still have our 1-st Amendment?
Report Post »America,Now you can,t say one bad word about Dictator Barack Hussein Obama our Muslim-in-Chief?
Why do you think that Dictator Obama ,has set up the 600 Fema Camps,This is were Dictator
Barack Hussein Obama wants to put ever person that says one bad word about him or his
CORRUPT INCOMPETENT MEXICAN MUSLIM LOVING ADMINISTRATION!
America, Dictator Barack Hussein Obama and Hillary Clinton and Eric Holder are working with
the United Nation now to Take away our 2-nd Amendment!
This CORRUPT INCOMPETENT Dictatorship of Dictator Barack Hussein Obama wants to take away our 1-st Amendment and our 2-nd Amendment!
Dictator Obama and George Soros and the union boss Trumka are paying the protesters to
“RIOT” in our streets in every city!
When the protesters start using guns than Dictator Barack Hussein Obama will have a EXCUSE
TO DECLARE “MARTIAL LAW”!
Then Dictator Obama will try to take our 2-nd Amendment away from “WE THE PEOPLE”, The
American Citizens,The AMERICAN LAWABIDING CITIZENS!
“WE THE PEOPLE” Must STOP Dictator Obama and his CORRUPT INCOMPETENT ADMINISTRATION FROM DESTROYING OUR 1-st and 2-ND AMENDMENTS!
“WE THE PEOPLE”must also STOP this Muslim Invasion our our America, Obama and “CAIR”
are bringing Muslims into our America every day by the plane loads!
“CAIR” is a front for these Islamic Muslim Barbaric Satan Cult of Islam,and the “POLITICAL CORRECTNESS
LukeAppling
Posted on November 11, 2011 at 10:26amSounds like Holder is involved with this decision, isn’t it time he left?
Report Post »nolefan2
Posted on November 11, 2011 at 9:10amWe knew when O was elected that any criticism of him would be frowned upon. Unfortunately, we were right.
Report Post »ozchambers
Posted on November 11, 2011 at 9:53amThis guy was arguing for the leftist cause of trying terrorists through courts not tribunals both times. But it was his criticism of the Bush administration that got him hired and his criticism of the Obama administration that got him fired. Barry won’t tolerate dissent from the left or right!
Report Post »momsense
Posted on November 11, 2011 at 6:40amSeems I‘ve seen and heard the same things form Obozo’s Occupy buddies, but then they’re
Report Post »part of Obozo’s private military force, aren’t they? Guess free speech is only for those who support dictator Obozo.
loriann12
Posted on November 11, 2011 at 7:34amWhy do you think this administration is concentrating on government jobs over private sector jobs? If you work for the government and you criticize the government, the government can fire you. It’s just one more thing to hold over your head, and remove your freedom of speech. You’re free to toe the party line.
Report Post »Dodgerblueboy3
Posted on November 11, 2011 at 6:33amWhy should they treat the first amendment any different than the others? They trample the COTUSA every day.
Report Post »Realman30
Posted on November 11, 2011 at 5:55amAs he was fired during Obama’s watch, how will they blame this on Bush?
Report Post »Bill Rowland
Posted on November 11, 2011 at 5:37amChicago politics anyone – try to shut up critics – defame the character of opponents with bogus claims of sexual harrassment. Just day to day politics in the windy city
OMG
Report Post »ChevalierdeJohnstone
Posted on November 11, 2011 at 1:51am“…a division of the library that’s responsible for producing objective nonpartisan reports to lawmakers…”
Wait, what? Which divisions are the ones which are responsible for producing subjective biased reports? And…why are we funding them?
Report Post »imahappy123
Posted on November 11, 2011 at 12:12amMr. O and his cohorts, the liberal progressive morons are hard at work – we need to get out and work just as hard for our side cause USA is on the line. Don‘t let anyone tell you it’s over, USA and Constitution are gone. We have to fight, for the right, of freedom every day with every breath! Don’t give up – Anyone who believes in America! Remember the left had the advantage while we had our eyes closed, but our eyes aren’t closed any more.
Report Post »nobull14
Posted on November 10, 2011 at 11:05pmBoo Hoo you lay with the dogs your bound to come up with FLEAS !!!!!!
Report Post »Hobo Boondocks
Posted on November 10, 2011 at 11:41pmNice one, but I like an old one that seems to be more appropriate: If you play with snakes-you get bit.
Report Post »RepubliCorp
Posted on November 11, 2011 at 12:50amyou are what you eat…………
Report Post »MARCH4HIM
Posted on November 10, 2011 at 10:32pmHow much air time will this story see ,on the mainstream media outlets…?
Report Post »imahappy123
Posted on November 11, 2011 at 12:14amWhat does main stream media matter anymore? Our eyes are open and we see them for what they are. We don’t need them. We can seek out the truth on our own. We have proven our strength in the last GOP debate where the audience spoke with boos and clapping AT ALL THE APPROPRIATE TIMES and it is truly irritating the LEFT and I just love that sort of stuff.
Report Post »momsense
Posted on November 11, 2011 at 6:41amnone ?
Report Post »RichNGadsden
Posted on November 10, 2011 at 10:20pmI was stunned to see that the ACLU is helping here. Back when I was still in the Army the wife of a close friend was dismissed from her job at the on post motel for being pregnant. They actually were stupid enough to tell her that. The ACLU told her they would not take the case because she was married to a service member. Hope this goes well for the Colonel.
Report Post »UBETHECHANGE
Posted on November 10, 2011 at 10:16pmObama is an evil dictator soon to be channeling his inner Stalin if we don’t vote him out.
Report Post »imahappy123
Posted on November 10, 2011 at 10:21pmAgreed. Is there no end to the pompous arrogance of Mr. O? If you don’t agree, you will be eliminated…. Is USA no more? It is sure starting to sound that way – and if that is the case then we need to rally to get USA back.
Report Post »dealer@678
Posted on November 10, 2011 at 10:36pmBiggest mistake in American history. And he still has another year to destroy everything
Report Post »CatB
Posted on November 10, 2011 at 10:37pmImagine what he could do as a “lame duck” with Executive Orders … frightening.
TEA!
Report Post »db321
Posted on November 10, 2011 at 11:26pmEvery comment on this post is dead on – I agree, I think Obama if re-elected will instantly show his true dark side and instanly become an evil dictator.
Report Post »obamabirthcertificate.net
Posted on November 11, 2011 at 12:18am@ db321
Since this is both an evil dictator and a free speech issue, it ironic that you’ll never see many on the comments that are being submitted. Try making a comparison to Cicero’s “A nation can survive its’ fools” observation and see what happens or more accurately, what doesn’t happen!
http://www.ObamaBirthCertificate.net
Report Post »obamabirthcertificate.net
Posted on November 11, 2011 at 12:22amThanks moderator/censor, I let a few typos get past me and zing, right through. What about my other post?
Report Post »Psychosis
Posted on November 10, 2011 at 10:11pm“He did, your honor,” Fine responded, “but the First Amendment protects his right to do that.”
“We haven’t decided that,” Sentelle interjected
hey moron judges , its not up for interpretation it is his first amendment right to speak about whatever administration official he so chooses and you dont have the authority to make that decision one way or the other . please re-read the Constitution you political hacks
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