The Pentagon blocked the former chief prosecutor at Gitmo, Col. Morris Davis, from testifying this morning to the Senate Judiciary Committee. Here's how Sen. Dianne Feinstein explained it at the opening of the hearing:

"We assured the administration that Colonel Davis would not be asked about open and pending cases. But we were told simply that Colonel Davis was active duty military, and because he was active duty military, they could issue an order he had to follow."

I'm tempted to ask, Can they do that? But they just did. So, yes, apparently they can. But is it legally permissible for the Pentagon to order an officer not to testify to Congress. Is the key here that Morris was invited to testify and not subpoenaed?

We'll have more on this shortly.