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Profile: Benjamin Davis
Benjamin Davis was a participant or observer in the following events:
Law professor Benjamin Davis calls on former Bush administration officials to step forward and cooperate with the Justice Department investigation into torture, being led by prosecutor John Durham (see August 24, 2009). Davis makes his call after attending a debate called “After Guantanamo” at Case Western Reserve Law School. During that debate, he writes, “members of the former administration regaled the audience with stories about the mistakes made and the arrogance demonstrated by persons with whom they had worked on the issues of detention, interrogation, and military commissions.” Davis writes that “it would seem preferable for the former administration members to tell their stories to the federal prosecutor rather than to audiences at conferences.” He calls the stories “appalling,” citing incidents of “arrogant disdain for military lawyers” displayed by senior Bush officials, widespread ignorance of military law, “and the general indifference of those tasked with developing detention, interrogation, and military commission policy in the prior administration.” Davis calls on the former adminstration officials to go farther than they did at Case Western: “Names were not named in the conference, but names should be named to John Durham. He is permitted to ‘follow the facts wherever they lead,’ but if those lawyers, other civilians, and uniformed types who know where the dogs are buried refrain from coming forward, they will make the task more arduous than it needs to be. Everyone who has a story is a witness in piecing together what really went on. Every lawyer has also sworn an oath to be an officer of the court and is under an ethical duty to refrain from abetting crimes. Help John Durham find the facts.” He concludes by asking: “[B]eyond legal or ethical obligations, the real question is of what these architects of detention, interrogation, and military commission policy are made of. Are they made of the stuff that led Specialist Darby [Joseph Darby—see January 13, 2004] to clearly see what was wrong with detainee treatment in Abu Ghraib, thus prompting him to provide military investigators with the incriminating photos? Or are these persons made of the stuff of cowards that hope this will all go away if they do not say anything to anyone—posturing in public and cowering in private?” [Jurist, 9/18/2009]
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