military tribunals

["James Daly" <james.irldaly@xxxxxxxxxxxx>]

full article at

http://www.law.com/servlet/ContentServer?pagename=OpenMarket/Xcelerate/Preview&c=LawArticle&cid=1052440727606

Dan Christensen
Miami Daily Business Review
05-14-2003


The federal government's ground rules for military trials of foreign
terrorist suspects detained on and off the battlefield are just out,
and they're sending chills through veteran civilian defense lawyers.

The new rules spell out 33 crimes of war to be prosecuted and
procedures for imposing sentences that include death. In addition, the
U.S. Department of Defense's set of eight "military commission
instructions" imposes conditions of service on civilian defense
counsel that some lawyers say will make it extraordinarily difficult
to win acquittal for clients -- and will impose financial hardships
that will discourage involvement by skilled and successful private
attorneys.

"A competent attorney will face incredible obstacles in simply
presenting a meaningful defense," said Georgetown University law
school professor David Cole.

Under the rules, suspects facing a military trial may retain a
qualified private defense lawyer, assuming they can find one. Hired
lawyers, though, will play second banana to the primary defense lawyer
on cases -- the military judge advocate general, or JAG.

To be eligible to participate, civilian attorneys must swear an oath
that includes the following: "I understand that my communications with
my client, even if traditionally covered by the attorney-client
privilege, may be subject to monitoring or review by government
officials using any available means, for security and intelligence
purposes."

And this: "I will not discuss or otherwise communicate or share
documents or information about the case with anyone except persons who
have been designated as members of the defense team."

"That's a flat-out gag order," said Miami attorney Neal Sonnett, a
former president of the National Association of Criminal Defense
Lawyers who currently chairs the American Bar Association's task force
on the treatment of enemy combatants.