Layne Morris

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Sergeant Layne Morris (b. circa 1961) is a retired soldier in an American Special Forces unit. Sergeant Morris was wounded during a fire-fight on July 27, 2002 that left Sergeant 1st Class Christopher J. Speer dead.

Although the 15 year-old Canadian Omar Khadr was said to be responsible for Speer's death, it is uncertain who actually wounded Morris.

Khadr's father Achmed Said Khadr had been a close associate of Osama bin Laden and worked alongside Al-Qaeda. In a controversial move Sergeant Morris joined with Sergeant Speer's widow, Tabitha Speer, in a legal action against Achmed Khadr's estate. His argument is that since Omar Khadr was only fourteen, he couldn't be held responsible for his actions -- but his father could.

1 Acts of war
2 Guantanamo military commissions
3 Comments on Khadr's charges under the Military Commissions Act
4 U.S. Terrorism Risk Insurance Act
5 Comments on the unredacted testimony of witness OC-1
6 References
7 External links

[edit] Acts of war

Normally "acts of war" are not subject to civil suits. Morris and Speer argue that Khadr was a terrorist, not a soldier -- so his actions were not an act of war, but terrorism, and were therefore subject to civil suits.

Speer was wounded at the end of the skirmish, by a grenade allegedly thrown by Omar Khadr, thought to be the only survivor in the ruins of the compound. But Sergeant Morris was wounded at the beginning of the skirmish, so it is unclear whether one of Khadr's comrades wounded him. It has recently been established that there was another survivor besides Khadr. He was shot to death by one of the U.S. soldiers, who then admits he shot Khadr twice in the back, although nobody claims to have seen Khadr doing anything hostile.

Guantanamo military commission prosecutor Morris Davis said, on January 10, 2006, that he plans to call Layne Morris as a witness against Khadr.

On February 16, 2006 U.S. District Judge Paul Cassell awarded Morris and Tabitha Speer triple damages, totalling $102.6 million.^[1]

[edit] Guantanamo military commissions

Omar Khadr was named as one of the ten detainees who faced charges before special military commissions. These commissions were not courts martial.

Main article: Guantanamo military commission

Colonel Morris Davis, the chief Prosecutor, announced that he was going to call Layne Morris as a witness against Khadr. Colonel Davis indicated that he was going to call on Sergeant Morris to testify that he too knew he was injured by Khadr. In an interview on Feb 6, 2008, Layne Morris admitted that he was outside the compound when injured, and couldn't see who injured him. Furthemore, Sgt Layne stated he was airlifted out before the special forces group entered the compound, so could not have witnessed anything inside, including the death of Sgt Speer. He never laid eyes on Omar Khadr. Layne's interview can be heard on CBC Radio for Feb 6, 2008 on the program, "The Current" On June 29, 2006 the US Supreme Court upheld an earlier ruling that the commissions were unconstitutional, violated the Uniform Code of Military Justice and the USA's obligations under the Geneva Conventions.

Sergeant Morris told interviewers he was disappointed that the military commissions had been overturned.

"It is justice delayed. I don't think that's a good thing ... I think those tribunals could have provided a trial viewed as fair by most of the world. In that sense, I think it is unfortunate,"^[2]
"I guess I don't agree with giving these people all of the legal rights that citizens have,"^[3]
"I think everyone on both sides of the political aisle just wants to see some sort of resolution to their status and I guess it's just going to take longer now to figure out how that process is going to work."^[4]
"I've always believed, with the military culture, the U.S. would want a pound of flesh for one who allegedly killed one of its own."^[4]

[edit] Comments on Khadr's charges under the Military Commissions Act

On May 10, 2007 Omar Khadr was charged, a second time, under the Military Commissions Act of 2006.^{[citation needed]}

On June 4, 2007 Colonel Peter Brownback, the officer presiding over Khadr's military commission dropped all charges against Khadr.^[5] An article on the website of City TV reported that Morris was angry over the dismissal of charges against Khadr.

[edit] U.S. Terrorism Risk Insurance Act

An article published in the June 14, 2007 Salt Lake Tribune said that Morris and Speer's widow might collect funds via the U.S. Terrorism Risk Insurance Act.^[6] The article quotes a Treasury Department official who acknowledged that Ahmed Khadr's assets had been frozen, but said it was up to Morris and Speer to locate them. The article said that Senator Orrin Hatch had been asked to intervene, and that he was "very interested".

On January 26, 2008 Dawn House wrote in the Salt Lake Tribune that it is the position of the US Federal Government that it has "sovereign immunity" over the seized funds, and that it does not have to comply with a judgment in a civil suit.^[7] House quoted a motion submitted by Jeffrey Taylor, a United States Attorney:

"Although sovereign immunity may be waived there is no waiver in this case."

[edit] Comments on the unredacted testimony of witness OC-1

A package of documents handed out to reporters prior to a hearing where Colonel Peter Brownback was scheduled to hear arguments as to whether Omar Khadr combatant status was legal or illegal contained a classified document that contained surprise testimony.^[8] A five page statement, from an American who shot Khadr, revealed that Khadr hadn't been the only occupant of the compound to have survived the American aerial bombardment. The statement revealed that Khadr had been shot in the back, that he was sitting upright, with his back to the skirmish.

Further information: testimony of witness OC-1

In a telephone interview with Michelle Shephard of the Toronto Star Morris said^[8]:

"That was a total shock to me. Everyone had told me from the get-go that there was only one guy in there."

According to the Shephard, Morris believes there is evidence that: "Omar was the grenade man."

In a broadcast on the Canadian Broadcasting Corporation show The Current, transmitted on Wednesday February 6, 2008, Morris stated^[9]:

"I was shocked. I wasn't really sure if I ought to believe it or not." "Everyone was dead. You can't say this kid was manipulated, he was forced into anything." "Instead of surrendering and calling it a day, he made the decision to wait until personnel got close enough that he could restart the battle, pop up and throw a hand grenade." "I'm fine with this dragging on for another five years before there's a trial as long as they stay locked up."