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THE PROGRESSIVE REVIEW - January 14, 2010
ACLU Sues Library of Congress Alleging
Ex-Guantanamo Prosecutor Wrongfully Fired
by: Yana Kunichoff
truthout|Report
The American Civil Liberties Union (ACLU) has filed a
lawsuit against the Library of Congress on behalf of Col.
Morris Davis, the former top prosecutor at Guantanamo and
an outspoken critic of the military commissions system,
alleging he was unfairly terminated from his position with
the Library's Congressional Research Service (CRS).
The lawsuit charged CRS with violating Davis' free speech
and due process rights by removing him from his positions
with CRS, following the publication of a series of articles
he wrote for The Wall Street Journal and The Washington
Post about issues that were related to his former role with
the military commissions, but not with his responsibilities
at CRS.
"Col. Davis has a constitutional right to speak about
issues of which he has expert knowledge, and the public
has a right to hear from him," said Aden Fine, a staff
attorney with the ACLU First Amendment Working Group.
"Col. Davis's firsthand experience is invaluable to the
ongoing debate over military commissions, and the public
should not be denied the chance to hear from him just
because he is a public employee."
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Davis resigned from his role as a chief prosecutor in the
Guantanamo military commissions in October 2007, citing
his conviction that the system was fundamentally flawed.
Drawing on his time with the military commissions and his
25 years in the United States Air Force, Davis became an
outspoken critic of the commissions. He wrote articles,
gave speeches and testified before Congress.
Then, in December 2008, he took up a position as the
assistant director of the Foreign Affairs, Defense and
Trade Division at the CRS.
"My status as the former chief prosecutor for the military
commissions at Guantanamo Bay and my opinions on that
subject are completely unrelated to my position at CRS and
totally separate from my duties there, and they don't
interfere with my ability to do my job," said Davis. "The
work that CRS does is incredibly valuable and I am proud
of the opportunity to continue serving my country after a
career in the military. I hope to be reinstated to my
original position so I can continue to support Congress at
this critical time in our nation's history."
In response to the ACLU's call for Davis to be returned to
his former position with CRS, the Library of Congress said
that it would not return Davis to his job.
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As Truthout previously reported, the articles written
by Davis appeared in The Wall Street Journal and The
Washington Post on November 11, 2009. In them, Davis
argued against using both military commissions and federal
courts to try detainees.
The Wall Street Journal articles identify Davis as the
former chief prosecutor for the military commissions. He
retired from the military in 2008.
In the ACLU's lawsuit, it said that Davis said he wrote
the pieces in his personal capacity, made no mention of
CRS, wrote the pieces outside of his work hours and did
not receive payment for the articles.
Shortly after the publication of these articles, Davis
received a number of phone calls, emails and requests for
meetings from his supervisor at CRS, Daniel Mulhollan. On
November 20, Davis received a final phone call saying that
his employment would be terminated, and he was transferred
to a temporary 30-day position, which will expire on
January 20.
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The ACLU lawsuit said that Davis had previously attended
a conference concerning the military commissions and
submitted a law review article expressing his views in
connection with the conference... Mr. Mulhollan approved
his participation, with the only condition being that
Col. Davis had to participate on his personal time by
using a vacation day, because of the subject of the
conference. Guantanamo and the military commissions
system had nothing to do with his CRS job responsibilities
or duties.
The lawsuit also highlighted the lack of an official policy
regarding CRS employees and whether personal writings must
be subject to prior review or that supervisors must be
notified about the intention to publish.
It goes on to say, "The decision to terminate Col. Davis
for his speech has intimidated and chilled other CRS
employees from speaking and writing in public. CRS
employees are confused, uncertain, and fearful about
what outside speaking and writing is permissible."
The ACLU is suing James Billington, the Librarian of
Congress and Mulhollan in the US District Court for the
District of Columbia.
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