David Hicks U.S Military lawyer unlikely to face charges
THE chief US prosecutor for David Hicks' upcoming trial says he would be "dumbfounded" if the Australian terror suspect's US military lawyer, Major Michael Mori, was court-martialled for outspoken comments.
There's a reason why they're known as 'mouthpieces'. | Colonel Morris Davis said he had no power to charge Maj Mori for contemptuous comments made against US President George W. Bush, the US Secretary of Defense or Congress.
But his commanding offficer does. | There were fears that if Maj Mori was court-martialled it would delay Hicks's long-awaited military commission trial.
"I'm not aware of anybody, anywhere that has any intention of charging Maj Mori with anything," Col Davis said.
Col Davis created headlines on the weekend when he suggested Maj Mori may have breached Article 88 of the US Uniform Code of Military Justice (UCMJ). Article 88 prohibits military officers from using "contemptuous words" against the president, vice president, US secretary of defense or Congress.
Maj Mori, during numerous trips to Australia and in interviews in the US, has been a staunch critic of the military commission system set up by President Bush, the US Secretary of Defense and Congress to prosecute Hicks and other Guantanamo Bay inmates.
Col Davis stood by his allegation that Maj Mori had gone "too far" in his campaign to free Hicks, including attending rallies dressed in US military uniform. "I certainly wouldn't permit that from my folks," Col Davis said. "But, he's not one of my folks."
Asked if he believed Maj Mori should be court-martialled for breaching Article 88 of the UCMJ, Col Davis said "it's not my decision".
"He's not in my chain of command," Col Davis continued. "I have no authority over him.
"I'm in the Air Force, he's in the Marine Corps.
"I'm not responsible for Major Mori."
Col Davis said it was extremely rare for a military officer to be prosecuted for an alleged Article 88 violation. "You can count the number of court martials for Article 88 violations on one hand," Col Davis said. "They are very uncommon.
"I would be absolutely dumbfounded if this kind of thing rose to that level."
Posted by: Snuling Gloling9123 2007-03-06 |