Former Gitmo Prosecutor Denied DMSM

The former chief prosecutor for the military commissions at Guantanamo Bay, Air Force Colonel Morris "Mo" Davis, has been denied the Defense Meritorious Service Medal.

As reported on CAAFlog earlier this month, Colonel Davis' testimony in the trial of Salim Hamdan led to a ruling by the military judge to disqualify Air Force Brigadier General Thomas Hartmann, the legal adviser to the convening authority, from any further participation in the case. The judge, Navy Captain Keith Allred, concluded that the defense had presented "substantial evidence" that Hartmann was too closely aligned with the prosecution. Judge Allred further found that that attention focused on the dispute "seriously called into question" General Hartmann's neutrality and objectivity.

On the heels of the Hamdan ruling comes the latest chapter in the saga: Colonel Davis contends he was denied an award based on his conflict with General Hartmann. General Hartmann, while denying any retribution, has tactily acknowledged that he played a part in the decision to deny the award. "My recommendation," he said, "was based on my experience with Col. Davis," that showed Colonel Davis displayed a lack of leadership as chief prosecutor. "He had a very important position as chief prosecutor, and had an obligation to lead people, to inspire them and to train them ... And that wasn't happening."

Army Colonel Kelly Wheaton, senior military adviser to the DoD General Counsel, however, explicitly linked the decision to deny the award to Colonel Davis' clash with General Hartmann. "I wrote in my recommendation for disapproval that you quit your position when you were needed because you did not want to be supervised by a superior officer with whom you had a difference of opinion," Colonel Wheaton said in an e-mail message to Colonel Davis. Wheaton went on to explain that "... no defense decoration shall be awarded or presented to any service member whose entire service during or after the time of the distinguished act, achievement, or service has not been honorable."

Colonel Davis has criticized the commissions since stepping down as chief prosecutor in October 2007, suggesting that political considerations were being brought to bear in the decision-making process. Defense counsel for a number of Gitmo defendants have already alleged that their clients' trials are being scheduled for their "strategic political value" in advance of this year's Presidential elections. The decision to deny Colonel Davis an award based on the troubled interaction between his office and the legal adviser may be used in further defense motions alleging unlawful command influence in the commission process. In addition, Colonel Davis' decision to inform defense counsel that he will not participate in any more cases, citing his concerns about further retaliation, may also prove fertile grounds for such claims.