Tuesday, January 12, 2010

Coakley v. Brown

Tuesday. Almost the weekend. In my state, we have an election coming up (next Tuesday, the 19th). For US Senate. Ted Kennedy died. No great loss.

So Matt Visor (Boston Globe) reports on the battle between Martha Coakley (Democrat) and Scott Brown (Republican):

The dispute is over a 2005 amendment that Scott Brown sponsored in the state Senate. The amendment would have allowed a doctor, nurse or hospital to deny rape victims an emergency contraceptive if it “conflicts with a sincerely held religious belief.”

The amendment, which did not pass, was attached to a bill that he ultimately voted for, which required emergency rooms to provide the contraceptives to rape victims.

In Coakley’s latest ad, released after a heated debate Monday night, a narrator says, “Brown even favors letting hospitals deny emergency contraception to rape victims.”

Brown and his supporters have declined to discuss the underpinnings of his amendment, instead trying to focus on the fact that he supported the overall legislation.


I supported Coakley in the primary. I'm not so keen on her now. She's suddenly supporting the Senate 'health care' plan. It's turned a lot of us off. Meanwhile Scott Brown's campaigning on "I'll vote against it."

It was a big mistake on Coakley's part. The right answer was, "Let me work on this election." She could have pointed out there was no final bill. She had a hundred ways out of it. Instead she signed on and disappointed a lot of us who thought she was going to be a senator who would stand up for us.

Now I see her as just another Democrat who gets into office and does what ever the leadership tells her.

Does that mean I'll vote for Brown. I'm bothered by the commercial, by what it says, so I probably won't. I'll probably just not vote. I don't think we have a third party candidate. If we do, I'll vote for him or her.

Chris Frates of Politico reports:

Really? How? On stuff that won't go into effect until 2014, how are you going to prove anything? And do we get that? This is being forced through when it won't even go into effect until 2014. That's nonsense. And it's that kind of nonsense that has me not caring. "Oh the seat might go to a Republican! Oh, I'm scared! I'm scared!" I'm not scared. I've lived through 8 years of Bush and 1 down and 3 more of Barack. You can't scare me anymore. Losers and liars have destroyed our country and unless we're planning to clone Russ Feingold 99 times and vote all 100 (original plus clones) into the Senate, I don't see things getting any better.


Chuck? I'll write about it tomorrow night. Monday's show was better. Not great. But better.
Here's C.I.'s "Iraq snapshot:"

Tuesday, January 12, 2009. Chaos and violence continue, Alastair Campbell appears before the Iraq Inquiry and makes clear that neither activists nor US service members matter to him, Campbell's testimony is judged "lies, damned lies," another government find the Iraq War to be an illegal war, and more.
"Today, we are moving on to hear from Ministers and the most senior decision-makers over the next four weeks," chair John Chilcot declared in London. "We will then take a break over the period of the general election, before resuming public hearings in the summer." Chilcot is the chair of Iraq Inquiry and Tony Blair's spokesperson Alastair Campbell (link goes to video and transcript options) was today's witnesses and the press -- the world press with the exception of the US -- has turned out. In the US, George W. Bush sold the illegal war on a number of false claims. In England, then-Prime Minister Tony Blair used the lie that Iraq could attack England with WMD within 45 minutes. It was a lie, the Iraq Inquiry (chaired by John Chilcot) has established that. Tony Blair will appear before them in the near future and, at that time presumably, he will explain whether or not he learned before the start of the war that his claim was false. What is known is that his staff was informed, days before the start of the Iraq War, that his claim was false and, if procedure was followed, that fact should have reached Blair. Along with Blair, current Prime Minister Gordon Brown is expected to testify. Among the commentaries on Campbell's testimony today, the most interesting is probably that of Ibrahim al-Marashi. He wrote the 'intel' for the Iraq War. He wrote it for his PhD and the British government stole it without attribution (as did Collie Powell who used it in his UN 'testimony' before the start of the Iraq War). al-Marashi writes in the Times of London:
What actually happened was this: the British Government took my material, then added pages that argued for military action against Iraq and changed key words to suggest that Iraq had supported al-Qaeda. This formed part of what became known as the "Dodgy Dossier", published in February 2003.
It followed a report released in September 2002, detailing Iraq's WMD programme and including the 45-minute figure four times. The BBC's assertion that Mr Campbell had inserted the 45-minute figure to "sex up" the document led to it being known as the "Sexed-up Dossier".
Sir John Scarlett, the intelligence chief, told the Chilcot inquiry that some of the facts he presented to the Government were "lost in translation". I would say that what got lost in translation is that governments have been spinning wars since the US Government set up the Creel Commission in the First World War.
John Scarlett, in the lead up to the Iraq War, was the chair of Tony Blair's Joint Intelligence Committee. He's already appeared before the committee. We'll note this section from today's hearing.
Committee Lawrence Freedman: On 5 and 9 September you chaired two meetings in the Cabinet Office with senior officials, including John Scarlett, to discuss the dossier. Why were you chairing these meetings?
Alastair Campbell: Because John Scarlett, having done what he considered to be a pretty advanced draft of the dossier, then said to me, I think quite rightly, "It is going to be a document the Prime Minister presents to Parliament. There are massive global expectations around it and I need a bit of presentational support," and that's what I gave him.
Committee Member Lawrence Freedman: Can I just clairfy something you said there? You said Scarlett had already done a draft. I didn't think a draft had been done.
Alastair Campbell: There came a point where he said, "I have now reached a point where I need presentational advice on this". So we met on the 5th and the 9th. As a result of those meetings, a process was set out by me, in writing, around the system, which made clear what the dossier, in terms of its overall structure and contents, was going to be, but also emphasising to everybody within the system that this was now John Scarlett's work and anything that had gone before was redundant and irrelevant. Then, when he came back to me, it was to say, "I have now reached a position where I need presentational advice". I was chairing those meetings because the Prime Minister was going to be presenting the paper that John Was working on to Parliament, massive media interest right around the world, and I think it was entirely, not just appropriate, it was absolutely necessary that I should have done that.
Committee Member Lawrence Freedman: But in most organisations chairing a meeting confers authority and accountability. So basically you are saying you are a customer of this process as well as giving help with the presentation.
Alastair Campbell: I mean, look, in terms of the -- just as a point of accuracy by the way, the meetings were in Downing Street, not the Cabinet Office. Look, within the context of that meeting, I was the person who was charged by the Prime Minister to advise him on all the presentational aspects to do with the dossier, and indeed its production, which was going to be enormous. I think on the day that the dossier was published, the website sort of crashed and the interest was absolutely huge. So John's role within that, which was clearly understood by everybody -- and I think also in a way it hopefully was of assistance to John Scarlett and the JIC, that, in a sense, we were so clearly having that relationship, because to the rest of government it was sending very, very clearly the message: this is now the document that the Prime Minister is going to present to Parliament and that guy over there, John Scarlett, is the man in charge of it.
David Brown (Times of London) reports, "He rejected Sir John's evidence to the inquiry that he could not have altered Mr Balir's foreword -- in which he claimed that the intelligence showed 'beyond doubt' that Iraq had weapons of mass destruction (WMD) -- as it was a political statement" and quotes Campbell stating, "If John Scarlett or any of his team had had any concerns of real substance about the foreword then they know they could have raised those directly with the Prime Minister."
Campbell was an ass throughout. He whined like a baby about the BBC and claimed it turned on Blair & Company and wouldn't report any good news from Iraq. He was and remains in a bubble, completely untouched by reality.
Committee Member Roderic Lyne: You have expressed today your support for the policy that was followed on Iraq with very great conviction. Do you consider now that it has been a success and, looking back on it, what lessons would you draw from it beyond the points that have already been made, for example, just now, about the aftermath, and what regrets, if any, do you have?
Alastair Campbell: Do I support it? Yes. I think that, as I said to you just before the break -- I think that Britain, far from beating ourselves up about this, should be really proud of the role that we played in changing Iraq from what it was to what it is now becoming and the potential impact that that has on the region. I think, for example that Libya and the moves that it made in relation to WMD, I think -- I don't know because I wasn't involved in those discussions, but I wouldn't be surprised if that wasn't in part driven by them seeing these guys are serious now about this issue. I think that the -- when -- I saw the Prime Minister as closely and probably as often as anybody else, and I saw somebody of really deep conviction and integrity, who was making, without doubt, the most difficult decision of his premiership, knowing there were going to be consequences, but also understanding there are "what if" questions, had he taken another decision. Again, I thought Chris Meyer was really glib about the pontential impact on the transatlantic relationship in relation to that.
Did he just accuse someone else of being glib? Asked of regrets, he doesn't once note loss of life and he wants to call someone else glib? Really? It gets worse. Watch what happens when he's prompted about loss of life.
Committee Member Roderic Lyne: Looking at the huge cost in loss of life over, now, six and a half years, at the effects on the stability of the Middle Eastern region, at the development of international terrorism within Iraq, do you consider that, overall, the policy has succeeded?
Alastair Campbell: I do, but not without reflecting often and realising the import of the ccaveats that you have just put into that. I think, in relation to the Middle East peace process -- and bear in mind the road map is still -- the outline -- and the Prime Minister did get the Americans to go down there. I don't think they can solely be blamed for the fact that there has been such little process. I think, in terms of security, yes, the death toll has been high in terms of Iraqis, and obviously any loss of any British soldier's life is not just tragic but it obviously weighs heavily on anybody who was involved in that process, most particularly, obviously, the Prime Minister.
He yammers away but, note, he never mentions American lives. And, no, his being British is not an excuse. Every military officer testifying to the committee -- everyone -- mentioning loss of life has noted the US death toll. Campbell couldn't shut up about America or the United States when it was time to share blame. But here he notes the Iraqi death toll (he should, he's responsible for those deaths) and then pointedly declares "any loss of any British soldier's life is not just tragic but it . . ."
Let's go to the stats. The death toll for the UK forces in Iraq? 179. For the US? 4373. Repeating, every British officer appearing before the committee who has noted the death toll has been sure to include the US death toll. 4373 is not a minor number. (139 is the number of service members killed from foreign countries other than the US or the UK -- "foreign countries" means "not Iraq.")
But only some numbers matter to Campbell. Some numbers including thousands and hundreds of thousands don't matter to Campbell and never did. Wait. Let's let him explain it.
Committee Member Martin Gilbert: My last question on this relates to the extraordinary demonstration, on 15 February 2003, in which vast numbers of people, including two of my three children walked through the streets of London protesting about the Iraq war, and it was said to be one of the largest demonstrations of recent times. What account did you take of this strength of public opinion and how did it inform the Prime Minister's preparation for what was going to be this very important Parliamentary debate?
Alastair Campbell: In one very specific way -- I think the day before the march, I think I'm right that we were in Scotland. I can't remember that precisely. The march was getting huge publicity in the build-up. It was clearly going to be an enormous event, and you have got to remember this is a democracy, the Prime Minister was intending to stand for re-election, he knew that this was a deeply unpopular policy with an awful lot of people and not just unpopular, tuition fees or whatever it might have been; this was deep. I always have a rule of thumb that, if somebody goes on a march, there are probably ten others who thought about it. So there were a lot of people who were opposed. I think, what it definitely -- look, there was the political consideration. That was a big protest and he was -- he thought about it a lot and he was seized of its significance. But ultimately, I think it just made him think more deeply about the issue. The day before -- I will check the chronology on this -- he did a speech. We met some Iraqi exiles in a hotel in Scotland, who had got in touch with me actually and said -- because they sensed the UN thing going wrong, and they just came and said, "Look, he has got to see this through. He has got to see this through. We have got family back there, we know what Iraq is like. You have got all these people on the march, no doubt well-meaning, but they just do not understand the reality of this regime. Please." I took some of them to see the Prime Minister and he then made a speech where I think the line that was taken out of it by the media, he made what he called the moral case for war, becuase people were talking about the moral case, those on the march, the moral case for inaction, and the Prime Minister really just set out that there is a different view to take here and, ultimately, he didn't -- he always uwed this word. He said, "I don't disrespect those who have come to a different conclusion."
After a break, Campbell corrected his timeline, "Can I just say that the moral case speech was the day of the march?" So thousands and thousands of people march -- and Campbell believes each marcher represents ten people -- and Campbell wants to pretend that people are being respected.
Which people?
Not the marchers. They don't get a private audience with Tony Blair. Iraqi exiles -- most of whom are now KNOWN LIARS -- get to meet with Blair. Blair's moving towards war, according to Campbell, and the world sees its largest demonstration and Blair responds by? Meeting with the ones demanding the war. Not with the ones opposed.
He meets with the CHICKEN HAWKS who are TOO DAMN CHICKEN to FIGHT THEIR OWN BATTLES. The trashy exiles who sought refuge in another country and then used those countries as an operating base to drag the world into war. These trashy disgusting people, too scared to fight Saddam so they ran from their own country, demanding now that the US, the UK, Australia and other countries send in soldiers to do the job that the CHICKEN HAWKS were too scared to do themselves.
Many of the exiles were on the CIA payroll throughout their period of exile. These weren't refugees. These were thugs like the ones in Florida who plot to overthrow Cuba. No country should grant asylum to any person who doesn't agree that the host country will not be used as a staging platform for war with the country they hail from.
The exiles lived it up. And got special access. The people protesting? They got nothing. Oh, some of them were 'lucky' enough to see their sons or daughters, husbands or wives, fathers or mothers, friends sent off to fight in this illegal war. And of course the exiles returned to Iraq. Whisked back in. For photo ops. And installed into the puppet government.
Tony Blair's apology to the British should include putting them second to please a bunch of spoiled, cowardly exiles.
Iain Martin (Wall St. Journal) observes, "But there is something strange about the unyielding nature of their responses and their lack of willingness to reflect meaningfully. Almost seven years since the invasion, it is disappointing that those who drove such an important decision are not more insightful about what went wrong and right." Today was probably the most media covered day of the hearing thus far (January 29th will be the big media day if Tony Blair appears then as scheduled). Channel 4 News' Iraq Inquiry Blogger live blogged the hearing at Twitter and noted of the media, "Several satellite trucks praked outside QE2 centre. Two protestors, one billboard saying Campbell, Blair, Scarlett should be tried at Hague." Tom Baldwin (Times of London) makes this call: "Indeed, the blanket news coverage his appearance generated, showed that the passions that burned so hot over the invasion have not been cooled by either global recession or regime change in Washington and a new leader in London, as well as Baghdad." Iraq Inquiry Blogger was not the only live blogger -- Emma Griffiths live blogged for BBC News.Glen Oglaza continued live blogging for Sky News and the Guardian's Andrew Sparrow live blogged. In addition, Andrew Gilligan (Telegraph of London) -- long on this story -- live blogged and his strongest post was probably the fact checking one:
Mr Campbell's claims:
1. In evidence (Q1092) to the Commons' foreign affairs committee (FAC), he claimed: "The entire document was the product of the pen of the Joint Intelligence Committee chairman [John Scarlett]."
2. Campbell also claimed: "The allegation… that I, or anyone in Downing Street, exaggerated and distorted intelligence…is totally untrue." (para 9 of his memo to the FAC.)
3. Campbell or his deputy, Godric Smith, repeatedly claimed that there had been no political interference whatever in the dossier. For instance, at the Downing Street press briefing of 4 June 2003 (on page 6 of this PDF): "The dossier was entirely the work of the intelligence agencies… Suggestions that any pressure was put on the intelligence services by No 10 or anyone else to change the document were entirely false."
The reality:
1. The foreword of the dossier was written by Campbell, as this memo of 17 September 2002, a week before publication, makes clear. In his own evidence to the Chilcot Inquiry a few weeks ago, Scarlett himself belatedly admitted this too. The foreword was where the dossier's most incendiary statements appeared, such as the claim that the intelligence on Saddam's WMD was "beyond doubt."
2. The 17 September memo also shows that Campbell suggested 15 changes to the executive summary and main body of the document to Scarlett. Most were accepted and their effect was to harden up the document's language from possibility to probability, or probability to certainty.
3. Among the most serious: following Campbell's suggestion in the memo, a false statement, unsupported by intelligence reporting, was inserted in the dossier that Saddam had continued to "make progress" with his illicit weapons programmes.
Note that the above is an excerpt, Gilligan's fact check continues at the link. David Brown (Times of London) zooms in on the testimony regarding communications between Blair and Bully Boy Bush, "Tony Blair promised George Bush that Britain would support military action by the United States to overthrow Saddam Hussein in a series of secret notes written a year before the invasion of Iraq." Philippe Naughton (Times of London) also zooms in on the notes, "Tony Blair's chief spin doctor revealed today that the former Prime Minister sent a series of notes to President Bush in the run-up to the invasion of Iraq in which he made clear that Britain would 'be there' if it came to military action against Saddam Hussein." Campbell actually stated a bit more than that. He declared that, before 9-11, Blair -- who made his desire for regime change clear in the 90s -- told Bush the Middle East would be the big focus. Richard Norton-Taylor and Afua Hirsh (Guardian) go for the notes as well, "Blair was determined to disarm Saddam, Campbell said. Blair's message to the US in April 2002 was he would try to do it through UN resolutions. ­However, 'if the only way is regime change through military action then the British government will support the American government', Campbell said, describing Blair's view."
Al Jazeera reminds that Campbell is the one accused of having "sexed up" the pre-war 'intelligence': "Campbell, Downing Street's former director of communications and strategy, resigned in August 2003, the month after Dr David Kelly, a ministry of defence weapons expert was found dead near his home with slashed wrists. Earlier that year, he fiercely denied a BBC report that he "sexed up" a dossier claiming Iraq could launch a chemical or biological attack within 45 minutes to help justify the war." AFP reminds that following David Kelly's death, Campbell immediately slithered off, "At the time, Mr Campbell insisted he wanted to resign to spend more time with his family well before Mr Kelly's death and a previous official inquiry exonerated him over the affair. The Chilcot inquiry is not covering Mr Kelly's death." That BBC report on the 'sexed up' intell was done by Andrew Gilligan who offers these thoughts on the Inquiry members:
I was particularly pleased that they did seem to get the detail of Campbell's key alteration to the dossier, when the nuclear threat posed by Iraq was hyped up on his direct request. As other witnesses to Chilcot have said, the actual intelligence was quite clear: Iraq was not a nuclear threat. But after documented interventions by Campbell, the dossier ended up claiming that Saddam, under certain circumstances, could have the Bomb within one to two years.
Campbell claimed that his interventions were simply clarifying the dossier's nuclear wording because he "couldn't understand" it. It wasn't, in fact, a matter of expression, but of meaning -- the meaning was changed -- but the committee didn't press.
Still, they at a couple of points expressed the mandarin equivalents of "This is wrong" and "I don't believe it." It remains to be seen whether this is more than token independent-mindedness -- but if it is more, it augurs well for the final report.
And those who prefer or need video/audio can click here for Gilligan offering his thoughts on today's hearing to the BBC. The Daily Mail weighs in, "Quite the most striking aspect of Alastair Campbell's evidence to the Iraq War inquiry is that most of it was untrue. Blatantly, breathtakingly untrue. Take his claim that he was not making the case for war when he produced his dossier on Saddam Hussein's (non-existent) weapons of mass destruction. Oh, yes you were, Mr Campbell. That was the whole point of the exercise."
The Iraq Inquiry continues tomorrow. Meanwhile, another finding on the illegal was arrives. David Charter (Times of London) reports:
The invasion of Iraq had no sound mandate under international law, according to the Dutch inquiry into the war released this morning.
In a devastating rejection of the position of the British and Dutch governments, the inquiry, led by the former head of the Netherlands' Supreme Court, decided that the United Nations resolutions did not provide a legal basis for the use of force.
Dutch ministers were further criticised in the report of the Davids Commission, which sat for ten months, for using intelligence from Britain and the US that showed Iraq had weapons of mass destruction (WMD), rather than the "more nuanced" assessment of its own secret services.
Today BBC News offers this analysis: "The report demolishes the Dutch ase for supporting the invasion, says the BBC's Europe correspondent Jonny Dymond. It could also be taken to reinforce the international case against the Iraq war, he says." The Times of India explains, "The commission's report said the wording of UN resolution 1441 'cannot reasonably be interpreted (as the Dutch government did) as authorising individual member states to use military force to compel Iraq to comply with the Security Council's resolutions.' The resolution, passed in 2002, had offered Iraq 'a final opportunity to comply with its disarmament obligations'." Gilbert Kreijger (Independent of London) adds, "The report said the Dutch government did not adequately inform parliament in 2002 and 2003 about a US request that it support planning for the invasion, and about the timing of Dutch logistical support for the invasion." Radio Netherlands reports on the reaction of the country's Labour Party noting, "Marietta Hamer, leader of Labour's parliamentary party, says she was 'unpleasantly surprised' by Mr Balkenende's response to the report. Labour has called on Mr Balkenende to emphasise the difference between the 2003 cabinet -- the party was in opposition at the time -- and the current one. The party has called for another response to the criticisms in the Davids report this week."
Turning to political news. First up, Jalal Talabani's heart has yet to completely fail him so he must have one. He certainly zips over to the US to have his arteries zipped clean often enough. But the president of Iraq -- who can't run for re-election because he's become one of the most despised politicians in the Kurdistan region (where he hails from -- declaring Kurdish independence a dream that must be tossed aside is what killed his party's chances in the summer elections) and who is supposed to be out of office by the end of the month -- can't stop 'suggesting' at a time when so few want to hear from him. Waleed Ibrahim, Jim Loney, Missy Ryan and Lin Noueihed (Reuters) report that today he called for measures exempting Parliament from prosecution because he's offended by some statements and he just knows these are Ba'athist statements. The only 'bath' Jalal knows from is the grease bath he absorbs each and every meal. This is the man who toppled in a Chicago bookstore and his own detail team needed help lifting him. In July the KRG held elections and one winner was Barham Saleh. As such he left his position as Nouri al-Maliki's deputy prime minister. AFP reports Roz Nuri Shawis has been made the new deputy prime minister. Meanwhile Alsumaria TV reports today: "Iraqi MP Izzat Al Shabandar escaped an assassination attempt in Al Jadriya District near the bridge leading to the presidential palace and Baghdad University Compound." They also note that 1 Iraqi Christian -- 50-year-old Hikamt Elias -- was shot dead in Mosul yesterday. But the big news will probably be the ongoing crackdown in Iraq's capital. Waleed Ibrahim, Jim Loney and Janet Lawrence (Reuters) report Baghdad is under curfew with at least 25 people arrested. What's known? Damn little. So you know the New York Times is all over it, pressed up against it, breathless and heavy panting. Today's groper is Timothy Williams. It's always cute when the paper goes weak knee-ed over claims instead of stating outright, "The following are claims by an installed government desperate to remain in office and we cannot verify any of what follows." So Nouri's image took a beating and now he claims he has stopped at least 4 -- count 'em, 4 -- suicide bombings today. You know what? The moon didn't crash into the earth today either. Maybe Nouri should claim credit for that as well. I'm sure the New York Times would breathlessly repeat it. The same Timmy that gushes today of how "the plot discovered by the Iraqi government on Tuesday would have been devastating if carried out." Much more devastating, of course, if it were a real plot. But Timmy can't verify that and why do reporting when there are so many fewer rules in 'reporting.' Besides, it's fun too! Watch: Timothy Williams denies rumors that he is pregnant with Nouri al-Maliki's child insisting that thus far, they've just done a half-and-half (mutual jackoff), government sources say. See! Fun!
An Iraqi correspondent for McClatchy Newspapers explains that the curfew lasted for two hours and that rumors flew like crazy:
The rumors today reminded me with those during Saddam regime when Saddam's followers used to spread rumors to control Iraqis and they strongly succeeded . Rumors are the most powerful weapons in Iraq an unfortunately, my people are very easy victims for this weapon.
Poor Timmy, from headline to text, Chip Cummins (Wall St. Journal) does a much better job establishing what's known and what's claimed. Xinhua adds, "A police source told Xinhua that the Iraqi forces mainly focused their search operations on eastern Baghdad neighborhoods, including the Shiite bastion of Sadr City, which has long been the stronghold of Mahdi Army militia, loyal to radical Shiite cleric Moqtada al-Sadr."
Laith Hammoudi (McClatchy Newspapers) reports a suicide car bombing outside Baquba which claimed the lives of 3 guards of "The manager of the economic security Directorate Captain Raid Akram" and the life of Akram as well.
Lastly, in the US, Morris Davis is fighting for his liberty. Matthew Rothschild (The Progressive) details how the man who objected to Bush's attempts at a kangaroo court (Guantanamo) retired and went to work for the Library of Congress only to be fired there for his personal, off the job, comments:
While there, he continued to speak out against the military tribunals in Guantanamo. In an op-ed on November 10, 2009, in the Wall Street Journal, he took issue with the Obama Justice Department's decision to try some Guantanamo detainees in federal court and others in military court.
"In effect, it means that the standard of justice for each detainee will depend in large part upon the government's assessment of how high the prosecution's evidence can jump and which evidentiary bar it can clear," he wrote. "The evidence likely to clear the high bar gets gold medal justice: a traditional trial in our federal courts. The evidence unable to clear the federal court standard is forced to settle for a military commission trial, a specially created forum that has faltered repeatedly for more than seven years. That is a double standard I suspect we would condemn if it was applied to us."
He also published a letter to the editor in The Washington Post on the same date, criticizing former Attorney General Michael Mukasey for contending that "the decision to try Guantanamo detainees in federal courts comes down to a choice between protecting the American people and showcasing American justice." This, said Davis, was "fear mongering."
The ACLU is representing Davis and Rachel Myers explains, "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. Davis, and other public employees, don't check their free speech rights at the Library of Congress gate."