ACLU Files Suit on Behalf of Fired CRS Official
The American Civil Liberties Union filed a lawsuit Friday on behalf of Col. Morris D. Davis, a former chief prosecutor at Guantanamo, alleging that he was unlawfully fired from the Congressional Research Service because he made statements as a private individual that were critical of Obama Administration policy on military commissions. (“CRS Fires A Division Chief,” Secrecy News, December 4, 2009.)
“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,” said ACLU attorney Aden Fine.
The lawsuit names as defendants James H. Billington, the Librarian of Congress, as well as CRS Director Daniel P. Mulhollan, who is sued in his personal capacity.
At the root of the matter, ACLU argues, are ambiguous Library regulations and a problematic 2004 CRS policy (pdf) on “outside activities” by CRS employees.
“Neither the Library’s regulations nor CRS’s policy establishes a standard for determining which outside speaking and writing is permissible and which is not. The regulations and policy afford the Library and CRS unfettered discretion to determine which speech to punish,” according to the ACLU lawsuit (pdf).
“We maintain that the removal of Mr. Davis is justified,” wrote Library of Congress General Counsel Elizabeth Pugh on December 14, 2009 (pdf).
The case was assigned to Judge Reggie Walton of the DC District Court. A job vacancy notice for Mr. Davis’s position was posted on USAJobs on January 8, 2010.
Satellite imagery of RAF Lakenheath reveals new construction of a security perimeter around ten protective aircraft shelters in the designated nuclear area, the latest measure in a series of upgrades as the base prepares for the ability to store U.S. nuclear weapons.
It will take consistent leadership and action to navigate the complex dangers in the region and to avoid what many analysts considered to be an increasingly possible outcome, a nuclear conflict in East Asia.
Getting into a shutdown is the easy part, getting out is much harder. Both sides will be looking to pin responsibility on each other, and the court of public opinion will have a major role to play as to who has the most leverage for getting us out.
How the United States responds to China’s nuclear buildup will shape the global nuclear balance for the rest of the century.