FAS

ACLU Files Suit on Behalf of Fired CRS Official

01.11.10 | 1 min read | Text by Steven Aftergood

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.

publications
See all publications
Government Capacity
Blog
What the Metascience Community Should Learn From the Federal Evidence Movement Before Making Our Mistakes

The emerging federal metascience community is asking fascinating questions that are equally vital for democratic legitimacy: beyond “did this program work” to “how does the federal R&D enterprise itself work, and how could it work better?” 

06.03.26 | 12 min read
read more
Environment
Blog
I Want to Talk About Solar Geoengineering and You Should Too!

If you’re new to the climate intervention space, welcome! The TL;DR: if we can’t stop the most catastrophic impacts of climate change with current tools quickly enough, then we need a bigger toolbox.

06.02.26 | 6 min read
read more
Environment
Blog
Disaster Policy Nerds Explain the Good, Bad, and Ugly in FEMA Review Council Report

After months of delay, the council tasked by President Trump to review the FEMA released its final report. Our disaster policy nerds have thoughts.

05.21.26 | 8 min read
read more
Global Risk
Press release
Federation of American Scientists, Future of Life Institute Present Converging Risks Report, AI Impact Awards at Gala

FAS and FLI partnered to build a series of convenings and reports across the intersections of artificial intelligence (AI) with biosecurity, cybersecurity, nuclear command and control, military integration, and frontier AI governance. This project brought together leaders across these areas and created a space that was rigorous, transpartisan, and solutions-oriented to approach how we should think about how AI is rapidly changing global risks.

05.20.26 | 9 min read
read more