Legal Commentary

NYT on CRS Dismissal of Col. Davis

By Jonathan H. Adler

Today?s NYT editorializes against the Congressional Research Service?s decision to dismiss Col. Morris Davis because of his public  writings on proposed civil trials of detainees.  It begins:

Morris Davis, a retired Air Force colonel who was chief military prosecutor at Guantánamo Bay, Cuba, showed courage and respect for democratic principles when he resigned rather than follow orders to use evidence obtained through torture. We wish the Congressional Research Service would live up to Mr. Davis?s example.

The service fired Mr. Davis after he wrote about how detainees should be tried. On Nov. 11, The Wall Street Journal published an opinion article in which he argued against the Obama administration?s decision to try some detainees before military commissions and others in federal court. The same day, The Washington Post ran a letter to the editor about the ability of federal courts to try detainees. He wrote as a private citizen and did not mention his employer.

Later in the month, Mr. Davis was fired from his position as assistant director of the foreign affairs, defense and trade division, of the research service. He was told that his writing violated its policies, showed poor judgment and interfered with the service?s duty to remain objective and nonpartisan.

My prior post on Col. Davis? firing is here.

Full post as published by The Volokh Conspiracy on December 17, 2009 (boomark / email).