Moe Davis served as chief prosecutor of the Guantánamo military commissions from September 2005 until October 2007. He established a policy that evidence obtained through waterboarding—which he regarded as torture—would not be admissible. As prosecutors prepared cases against high-value detainees transferred from CIA custody, Davis said his superiors, including Pentagon General Counsel William J. Haynes II, overruled that policy. Davis resigned in October 2007 and transferred to head the Air Force Judiciary, stating that he would not take orders from officials who considered waterboarding acceptable.
Davis also alleged that Pentagon officials exerted political pressure over prosecutions and that the commissions suffered conflicts of interest. He repeated those claims while testifying for the defense in the 2008 military commission of Salim Ahmed Hamdan, saying Pentagon interest intensified after September 2006 transfers of CIA-held detainees to Guantánamo. The episode unfolded amid broader legal instability: the Military Commissions Act of 2006 restricted detainees’ access to federal courts, while the Supreme Court agreed on June 29, 2007, to hear habeas-corpus challenges. Davis later said he was denied an end-of-tour medal after speaking publicly about the process, alleging a chilling effect on military lawyers.