Armed Conflict Criminal Justice & the Rule of Law Terrorism & Extremism

6/16 Session #1: Meet the DOJ Lawyers

Wells Bennett
Monday, June 16, 2014, 9:16 AM
Our special session convenes.  The scene differs a bit from the Guantanamo norm. Defense attorneys and staff are in the courtroom, along with the five 9/11 accused.  But, and consistent with the unique nature of the proceedings, the usual complement of prosecutors is missing.

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Our special session convenes.  The scene differs a bit from the Guantanamo norm. Defense attorneys and staff are in the courtroom, along with the five 9/11 accused.  But, and consistent with the unique nature of the proceedings, the usual complement of prosecutors is missing. Instead we see a new squad of government attorneys---each presumably belonging to the special group of outside lawyers asked to inquire into, and report back on, the defense’s allegations regarding conflicts. Without further ado the lead special counsel, Fernando Campoamor-Sanchez, identifies himself and presents his credentials---and does the same for co-counsel Maia Miller, Heidi Boutros-Gesh, and Kevin Driscoll. Walid Bin-Attash's Learned Counsel, Cheryl Bormann, rises and complains: she seeks a brief delay to speak with her client about attorney notes, which summarized events arising at Saturday’s pre-hearing conference; but which the Guantanamo Privilege Review Team would not process over the weekend. (She’s spoken to him since, but can’t be sure she recalled everything from her written record.) The court agrees to give the lawyer thirty minutes to chat with Bin Attash, just as soon as court and counsel have finished with some preliminary matters. The most pressing of them has to do with, of course, the accused's presence.  We thus march through the usual advice of rights.  Does each accused understand his right to be present, along with the bad consequences that might follow even a knowing, voluntary decision to absent himself?  When asked, all five accused say yes, they do understand. Now its quick break time, to allow for Bormann to speak to Bin Attash.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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