Morris Durham "Moe" Davis (born July 31, 1958) is an American retired U.S. Air Force colonel, attorney, educator, politician, and former administrative law judge.
Davis was appointed the third Chief Prosecutor of the Guantanamo military commissions, where he served from September 2005 until October 2007.[1] He also served as director of the Air Force Judiciary.[2] He resigned from the position after he refused to use evidence obtained through torture and because of political influence and pressure in prosecutions. He retired from active duty in October 2008.
Davis is currently living with his wife Lisa, who works for an animal rescue, in Asheville, North Carolina.[2]
Career
Unlike his predecessors at Guantanamo, Fred Borch and Robert L. Swann, Davis has been a visible public figure.[1][7][8][9][10] His statements have triggered controversy.[11][12] Davis once said in an interview that he was asked to replace Borch at Guantanamo because of Borch's pushing of ethical bounds.[2]
Khadr's attorney, Muneer Ahmad of American University, accused Colonel Davis of ethical misconduct for referring to Khadr as a "terrorist" and a "murderer" during the January 10, 2006, press conference. Ahmad asked the Presiding Officer to sanction Colonel Davis for the comments, but the presiding officer found the comments were fair and balanced, given the repeated negative out of court statements Ahmad had made for months prior to the hearing. When asked why the prosecution had finally broken its silence, Davis said:[13]
For a number of months we've sat on the sidelines. We've just kind of taken it. There comes a time when you don't take it anymore.
On February 28, 2006, Davis spoke out again regarding the commissions, saying:[9]
Remember if you dragged Dracula out into the sunlight he melted? Well, that's kind of the way it is trying to drag a detainee into the courtroom.
Guantanamo defense attorney H. Candace Gorman countered in a Huffington Post op-ed that this was an odd statement from Davis since it was the military's fault that so few cases had come to trial before the military commissions. By early 2007, only David Hicks, an Australian citizen, was being tried, and all but one of the charges against him had been dropped before trial for lack of evidence.[14]
In March 2007, Davis threatened Major Michael Mori, the military defense counsel assigned to Hicks' case with prosecution under the Uniform Code of Military Justice, claiming that Mori had acted improperly in criticizing the military commissions while in Australia gathering evidence for the defense.[10][14][15][16] Mori responded angrily, "Are they trying to intimidate me?"[10]
Col. Dwight Sullivan, the Chief Defense Counsel for the military commissions, said that Major Mori's behavior as defense counsel was "absolutely proper."[10] He said that, "a military defense lawyer is supposed to provide the same level of representation as a civilian lawyer." He said that in pressing Mr. Hicks's case in Australia, "Major Mori is fulfilling his duty as an officer and as an attorney."[10]
Davis, similar to his father, is in the highest disability rating at 60 percent.[2]
"The Guantánamo I Know"
On June 26, 2007, an op-ed by Davis, entitled "The Guantanamo I know", was published in The New York Times.[17] In it, Davis argued that the Guantánamo Bay detention center is humane, professional, and operating in compliance with international law.
Supreme court to hear challenges to the Military Commissions Act
Congress authorized the military commission system under the Military Commissions Act of 2006, to create an alternative to the existing federal and military system. It restricted detainees as enemy combatants and those whose review was pending, to the military commission process; it prohibited their use of federal courts. The government stayed pending writs of habeas corpus.
On June 29, 2007, the Supreme Court agreed to hear some outstanding claims of habeas corpus, opening up the possibility that they might overturn some or all of the Military Commissions Act.[18]
Davis called the Supreme Court's intention to review the MCA "meddling": [19]
This constant uncertainty and meddling certainly takes a toll on people, It would be nice to have some certainty for a change.
In October 2007, Colonel Davis resigned from his position as Chief Prosecutor. He had made the policy that evidence obtained from the use of waterboarding, which he considered torture, would not be admissible as evidence in the military commissions. By this time, charges were being developed against high-value detainees, some of whom had been waterboarded in the custody of the CIA. Davis was overruled in his policy by his superiors, including William J. Haynes, II, the General Counsel for the Department of Defense.
Davis resigned in protest and transferred to become the Head of the Air Force Judiciary, stating, "The guy who said waterboarding is A-okay I was not going to take orders from. I quit."[20] He also charged that there was meddling from the Pentagon in cases, and claimed this presented serious conflicts of interest.[21]
Davis said he was denied an end-of-tour medal for his two years at Guantanamo because he resigned and later spoke out about problems in the Pentagon's Office of Military Commissions. Davis stated about the medal denial, "I tell the truth, and I get labeled as having served dishonorably. I'm very concerned about the chilling effect ... on the process".[22] Since his resignation, Davis has frequently spoken out against the Commissions.[23]
In 2008, Davis was called by the defense to testify in the military commission of Salim Ahmed Hamdan, Osama bin Laden's driver, where he repeated his accusations of political interference. He said Pentagon interest in the progress of trials of detainees greatly increased after September 2006, when high-value detainees were transferred from the CIA to Guantanamo.[20]
Congressional Research Service
Davis in January 2015
Davis was named the head of the Foreign Affairs, Defense and Trade Division of the Congressional Research Service in December 2008; and was fired from this job in late November or early December 2009.[24] His firing was thought prompted because of an op-ed Davis published in The Wall Street Journal that criticized a federal proposal to prosecute detainees in either military commissions or federal courts; he believed that one venue had to be consistently used.[25] Davis wrote: "The administration must choose. Either federal courts or military commissions, but not both, for the detainees that deserve to be prosecuted and punished for their past conduct."[25]
Davis v. Billington
In 2010, Davis sued the Library of Congress for wrongful termination under the Hatch Act in Davis v. Billington, claiming his First Amendment free speech rights were violated. The lawsuit was settled out of court and in 2016, Davis announced that his personnel file had been amended to remove language indicating that he had been separated "for cause" and that the Library of Congress had agreed to pay $100,000 in the settlement.[26]
Crimes of War Education Project
Davis was Executive Director of the Crimes of War Education Project from 2010 to 2012.[27] He was assistant professor at Howard University School of Law from 2011 to 2015, teaching legal reasoning, research and writing, oral advocacy and national security law.[28]
Administrative law judge
Davis was an administrative law judge with the U.S. Department of Labor from 2015 to 2019, ruling on workers compensation cases involving issues from black lung disease to whistleblower cases, immigration visa appeals, child labor and other cases related to labor laws.
In an article on the lawsuit that preceded the Department of Labor ruling, The Baltimore Sun quoted an unnamed Enterprise company spokeswoman who contended that Enterprise had a "strong record of equal opportunity" in their hiring and employment practices and pointed to the company's recruitment outreach at HBCUs.[32]
On November 17, 2019, Davis announced his congressional bid for North Carolina's 11th congressional district held by Republican Mark Meadows. Davis says he initially ran for Congress because he did not see a Democratic challenger running at the time that would beat Meadows. However, once Meadows dropped out of the race, he continued running because "I figured I’ve got 30-plus years of defending democracy, and just to sit back now and watch it go down the drain just wasn’t palatable."[2] Davis entered the Democratic primary along with Democrats Michael O'Shea, Gina Collias, Phillip Price, and Steve Woodsmall. Davis won the primary on March 3, 2020, with 47.35 percent of the vote. Collias was a distant second with 22.67 percent.[33]
During his post-military career Davis has published numerous op-eds and other criticisms of the Guantanamo Military Commission process.[38][39][40][41] On March 27, 2015, after Harvey Rishikof, the most recent convening authority for the Guantanamo military commissions was fired after less than a year on the job,[42] Morris wrote:
Think about that for a moment. If a professional football team was on its seventh head coach and sixth quarterback in less than a dozen years, that team would almost certainly be a loser.
Davis tweeted a claim that he was blocked by Donald Trump on Twitter prior to Trump's 2016 candidacy.[43]
Davis openly opposed Trump's actions during his presidency. He finds it appalling that Trump isolated the Kurds, and he believes that Trump was undermining all the hard work it took to build up US alliances.[2]
Moe Davis attracted negative attention for his violence-encouraging statements, "When @NCGOP extremists go low, we stomp their scrawny pasty necks with our heels and once you hear the sound of a crisp snap you grind your heel hard and twist it slowly side to side for good measure." He would be quoted on Twitter on several occasions for such violent rhetoric.[44]
Moe Davis accused his former opponent Congressman Madison Cawthorn of sedition under US law: "I was Chief Prosecutor at Guantanamo for over 2 years and there’s far more evidence of Congressman Madison Cawthorn’s guilt than there was of guilt for 95+ percent of the detainees. It's time we start a domestic war on sedition by American terrorists."[45]
Military awards
This section needs expansionwith: four missing awards (see infobox photo). You can help by adding to it. (January 2022)
Davis has received the following awards and recognition.[6]
Omar Ahmed Said Khadr is a Canadian who at the age of 15 was detained by the United States at Guantanamo Bay for ten years, during which he pleaded guilty to the murder of U.S. Army Sergeant 1st Class Christopher Speer and other charges. He later appealed his conviction, claiming that he falsely pleaded guilty so that he could return to Canada where he remained in custody for three additional years. Khadr sued the Canadian government for infringing his rights under the Charter of Rights and Freedoms; this lawsuit was settled in 2017 with a CA$10.5 million payment and an apology by the federal government.
Salim Ahmed Salim Hamdan is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November 2008. He admits to being Osama bin Laden's personal driver and said he needed the money.
Peter E. Brownback III is a retired military officer and lawyer. He was appointed in 2004 by general John D. Altenburg as a Presiding Officer on the Guantanamo military commissions. The Washington Post reported: "...that Brownback and Altenburg have known each other since 1977, that Brownback's wife worked for Altenburg, and that Altenburg hosted Brownback's retirement party in 1999."
Robert L. Swann is an American lawyer and retired career Army colonel. He was the second Chief Prosecutor of the Military Commission at Guantanamo Bay detention camp, serving 2004 to 2006. He followed Fred Borch, who resigned in disgrace, and William Lietzau, acting Chief Prosecutor.
Colonel Frederic L. Borch was a career United States Army attorney with a master's degree in national security studies, who served as chief prosecutor of the Guantanamo military commissions. He resigned his commission in August 2005 after three prosecutors complained that he had rigged the system against providing due process to defendants. He was replaced by Robert L. Swann
Robert Chester is an American military officer and lawyer. Chester is a Colonel in the United States Marine Corps.
Charles D. Swift is an American attorney and former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps. He is most noted for having served as defense counsel for Salim Ahmed Hamdan, a detainee from Yemen who was the first to be charged at Guantanamo Bay; Swift took his case to the US Supreme Court. In 2005 and June 2006, the National Law Journal recognized Swift as one of the top lawyers nationally because of his work on behalf of justice for the detainees.
William "Bill" C. Kuebler was an American lawyer and a Commander in the United States Navy Judge Advocate General's Corps, assigned to the U.S. Navy Office of the Judge Advocate General, International and Operational Law Division. Kuebler was previously assigned to the Office of Military Commissions. Prior to the decision of the United States Supreme Court in Hamdan v. Rumsfeld, to overturn the then current version of the Guantanamo military commissions on constitutional grounds, Kuebler was detailed to defend Ghassan Abdullah al Sharbi. Al Sharbi had insisted on representing himself and Kuebler refused superior orders to act as his lawyer.
Susan Jean Crawford is an American lawyer, who was appointed the Convening Authority for the Guantanamo military commissions, on February 7, 2007. Secretary of Defense Robert Gates appointed Crawford to replace John D. Altenburg.
Keith Johns Allred was an American Naval officer and Naval trial lawyer, beginning his career with the US Seventh Fleet aboard several Naval destroyers, from 1979 to 1982. From 1985, until his retirement in 2009, he oversaw the Western Pacific Judicial Circuit as a Circuit Trial Judge. He was also the presiding judge at the Guantanamo military commission where he notably oversaw the trial of Salim Hamdan.
Thomas W. Hartmann is an American lawyer and officer in the United States Air Force Reserve. He has 32 years of criminal, commercial and civil litigation experience. Between 1983 and 1991 he was a prosecutor and defense counsel in the Air Force, including duties as Chief Air Force Prosecutor in Asia-Pacific Region. From 1991 to 1996 he was an associate at Bryan Cave LLP and at SBC Communications. In 1996 he became senior counsel for mergers & acquisitions for SBC Communications closing multiple deals worth several billion dollars in U.S., Europe, and South America as well as negotiating a strategic partnering agreement with a global internet service provider. From 1998 onwards he was general counsel for SBC Communications (1999–2001), Orius Corp. (2001–2004) and MxEnergy Inc. (2005–2007) in domestic and international settings. In July 2007 Brigadier General Hartmann was appointed the legal adviser to the convening authority in the Department of Defense Office of Military Commissions. In September 2008, as a result of the expansion of the commission efforts that Hartmann had led, Deputy Secretary of Defense Gordon England elevated Hartmann to become the director of operations, planning, and development for the commissions. Hartmann reported to Susan J. Crawford, a retired judge, who was the convening authority until March 2010.
Colby Vokey is an American lawyer and former officer in the United States Marine Corps. He currently practices criminal defense law in his own private practice. He represents clients in all types of criminal matters, with particular emphasis on cases involving military law. Vokey earned the rank of lieutenant colonel and served as a judge advocate in the United States Marine Corps during 21 years of service to his country. His retirement from the Marine Corps became effective November 1, 2008. During his military career, Vokey earned worldwide praise for his work ethic and integrity, based in part on his work for defendants detained at Guantanamo Bay, Cuba, who faced charges stemming from the war in Iraq.
Attorney Lawrence J. Morris is the chief of staff and counselor to the president at The Catholic University of America and a retired United States Army colonel.
David Frakt is an American lawyer, law professor, and officer in the United States Air Force Reserve.
The United States of America has charged Guantanamo captives before "Military Commissions", each presided over by a Presiding Officer.
Michael Chapman is an American lawyer, and former senior officer in the United States Army's Judge Advocate General corps, who was appointed the legal adviser to the Office of Military Commissions, in Guantanamo on September 19, 2008. According to the official press release that announced his appointment his previous appointments included being:
The Military Commissions Act of 2009, which amended the Military Commissions Act of 2006, was passed to address concerns by the United States Supreme Court. In Boumediene v. Bush (2008) the court had ruled that section 7 of the Military Commissions Act of 2006 was unconstitutional in suspending the right of detainees to habeas corpus. The court ruled that detainees had the right to access US federal courts to challenge their detentions.
Sufyian Ibn Muhammad Barhoumi is an Algerian man who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. The Department of Defense reports that he was born on July 28, 1973, in Algiers, Algeria.
The 2020 congressional election in North Carolina's 11th congressional district was held on Tuesday, November 3, 2020, to determine the next representative to the United States House of Representatives from the 11th district. On December 19, 2019, incumbent representative Mark Meadows announced his retirement and was appointed White House Chief of Staff on March 30, 2020, leaving the seat vacant.
↑ Davis' remarks resulted in legal actions against him for prosecutorial misconduct and bar complaints. After threatening to have defense counsel prosecuted, the accused in that matter was offered a deal to save Davis' career. Morris D. Davis (June 26, 2007). "The Guantánamo I Know". The New York Times. Retrieved 2007-06-26.
↑ "District 11, North Carolina State Board of Elections & Ethics Enforcement". North Carolina State Board of Elections & Ethics Enforcement. Retrieved November 10, 2018.
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