Counterterrorism Expert and Author Mark Fallon Endorses Moe Davis

Statement from Mark Fallon:

On November 13, 2001, President George W. Bush issued a military order giving the
Department of Defense the authority and responsibility of bringing suspected terrorists to
justice before a military commissions process. By January 11, 2002, hundreds of “suspects”
began arriving at Naval Station Guantanamo Bay, Cuba. I was appointed as the first chief
investigator of a special investigative task force that was established to exclusively focus on the
criminal investigations supporting this new national policy. What few knew at the time was
that this entire alternative judicial process would be tainted, along with any subsequent
evidence, by a national policy of state-sponsored torture, which “seemed to stretch beyond the
boundaries of any legal propriety (1) .

While many details of the cruelty and human degradation that was the cornerstone of the
detention and “interrogation” programs of the post-9/11 era remain highly guarded secrets,
what we do know is that courageous patriots stepped forward and ventured into the light to
illuminate the darkness of our past deeds. Moe Davis is one such patriot and leader who put
service before self and stood on the principles that are enshrined in our Constitution and that
are the bedrock of the rule of law.

Moe Davis was the chief prosecutor of the military commissions process from 2005-2007 and
refused to use evidence obtained through torture in trials. This courageous act was while
George W. Bush was still in office, before the Senate Armed Service Committee released the
results of their inquiry into the treatment of detainees in U.S. custody in 2008 (2) or the Senate
Torture Report Executive Summary was released in 2014 (3) . Moe Davis had the courage of his
convictions to stand his ground two years before Susan Crawford, the convening authority
under George W. Bush, refused to refer a terrorist suspect for trial before military commissions
due to his torture (4).

In 1983, Moe Davis chose to serve our nation, when he became an officer in the United States
Air Force. The attacks of 9/11 tested his mettle and he proudly served with distinction and
honor. The type of leadership and courage Moe Davis displayed was not common, but
extraordinary times call for extraordinary leadership. In these extraordinary times, Moe Davis
has once again chosen to serve as a representative of North Carolina’s 11 th district. He has
shown he will stand up for what he believes in, and as a Congressman in the 11 th District of
North Carolina, he will stand up for his district, and for our country.

(1)  https://www.law.upenn.edu/live/news/9270-how-will-history-judge-the-military-commissions
(2) https://www.armed-services.senate.gov/imo/media/doc/Detainee-Report-Final_April-22-
2009.pdf
(3) https://www.intelligence.senate.gov/sites/default/files/publications/CRPT-113srpt288.pdf
(4) https://www.reuters.com/article/us-usa-guantanamo-torture/u-s-official-says-guantanamo-
detainee-was-tortured-idUSN1446423420090115

Fallon was an NCIS Special Agent for 27 years. He served as Deputy Assistant Director for Counterterrorism as well as Chief of Counterintelligence Operations – Europe, Africa, Middle East Division. He is also the author of “UNJUSTIFIABLE MEANS – The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture.”

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