Globe and Mail
Ben Fox
Adam Goldman
The new commander of the Guantanamo Bay prison wants a team of government and law enforcement officials to be allowed to review all communications between lawyers and inmates accused of helping organize the Sept. 11 attacks, The Associated Press has learned.
The proposed changes, contained in a 27-page draft order, have sparked a backlash from the Pentagon-appointed lawyers representing the five Guantanamo prisoners charged in the attacks. They say the new rules would violate attorney-client privilege and legal ethics and deprive the prisoners of their constitutional right to counsel.
The order is still in draft form and has not yet been signed by the commander, a detention centre spokeswoman, Navy Cmdr. Tamsen Reese, said Tuesday. She said the commander was not immediately available for an interview.
Lawyers for the Sept. 11 prisoners received the draft order from the commander, Navy Rear Adm. David Woods, on Dec. 22 and were told to sign an agreement to abide by the rules within 48 hours.
Instead, they sent a written response contending that requiring them to abide by such rules in order to see their clients was illegal.
“This requirement, as a precursor to engaging in client communications, interferes with the attorney-client relationship, compels counsel to violate ethical obligations, and therefore renders it impossible for counsel to effectively represent our clients,” they wrote, appealing for more time to review the proposed order.
The memo was signed by at least one member of each legal team representing the five prisoners, according to a military official who spoke on condition of anonymity because the document had not been publicly released.
Ben Fox
Adam Goldman
The proposed changes, contained in a 27-page draft order, have sparked a backlash from the Pentagon-appointed lawyers representing the five Guantanamo prisoners charged in the attacks. They say the new rules would violate attorney-client privilege and legal ethics and deprive the prisoners of their constitutional right to counsel.
The order is still in draft form and has not yet been signed by the commander, a detention centre spokeswoman, Navy Cmdr. Tamsen Reese, said Tuesday. She said the commander was not immediately available for an interview.
Lawyers for the Sept. 11 prisoners received the draft order from the commander, Navy Rear Adm. David Woods, on Dec. 22 and were told to sign an agreement to abide by the rules within 48 hours.
Instead, they sent a written response contending that requiring them to abide by such rules in order to see their clients was illegal.
“This requirement, as a precursor to engaging in client communications, interferes with the attorney-client relationship, compels counsel to violate ethical obligations, and therefore renders it impossible for counsel to effectively represent our clients,” they wrote, appealing for more time to review the proposed order.
The memo was signed by at least one member of each legal team representing the five prisoners, according to a military official who spoke on condition of anonymity because the document had not been publicly released.
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