Shame On Colonel Morris Davis

The New York Times today published a rebuttal not only of justice but of moral practice in its most forgiving sense.

The article, an op-ed piece by Morris Davis, an Air Force lawyer, generously and insipidly defends the existence of and practices within America's Guantánamo Bay detention facility.

Culture Project does not stand for everyone. But many, many people stand with us in our fight to close Guantánamo, now, and to end the Bush regime's suspension of habeas corpus ("Latin: [We command that] you have the body") that has kept hundreds of men locked in cages in Cuba, wondering why they are there and when they are going to go home, go to jail, or even die.

The questions we continue to have with regard to Guantánamo and all attendant persons and practices are not, are emphatically not: "Are the prisoners kept there particularly comfortable; do they have the Qur'an [not 'Koran,' Mr. Davis]; are their meals hot enough, fibrous enough, etc.?"

The lingering question that we have is this: Is it right to keep men detained for indefinite periods of time without charging them, in a foreign country, on the pretext that they are or may be "terrorists" or "enemy foreign combatants" or some other jargon, as opposed to ordinary, respectable criminals? If a man commits a crime - if the government thinks a man commits a crime - that man should be jailed, according to the rule of law, and given a swift and fair trial. He should not be detained forever in another country, no matter how hot his meals are (now, after our play and others like it and a general shitstorm of media attention).

Mr. Davis seems uninterested in justice in the grand, ideal, popular sense - the sense of "justice" that we think many of you out there are most interested in. Not the justice of which Geneva Conventions article specifies what number of hot meals must be provided for which class of "enemy combatant," but the kind of justice that would never hold so many men without trial for so long.

It is right that the United States should respect international law regarding the detention of prisoners. It is more right that we should not detain them indefinitely, caged like dogs, and call ourselves heroes for closing Camp X-Ray five years ago, or for admitting that not every inmate is guilty, or for handing out Qur'ans.

From wikipedia and MSNBC.com:

Most of the detainees still at Guantánamo are not scheduled for trial. As of November 2006, according to MSNBC.com, out of 775 detainees who have been brought to Guantánamo, approximately 340 have been released, leaving 435 detainees. Of those 435, 110 have been labeled as ready for release. Of the other 325, only "more than 70" will face trial, the Pentagon says. That leaves about 250 who may be held indefinitely.