Defense Counsel to DCCA: Still No Face Time with Al-Bahlul
The defense lawyer for Guantanamo detainee and military commission convict Ali Hamza Ahmad Suliman Al-Bahlul has reported to the D.C. Circuit once more on his efforts to meet with his client. The D.C. Circuit ordered that counsel collect an affirmation by the detainee himself indicating that he would like to continue to appeal his conviction.
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The defense lawyer for Guantanamo detainee and military commission convict Ali Hamza Ahmad Suliman Al-Bahlul has reported to the D.C. Circuit once more on his efforts to meet with his client. The D.C. Circuit ordered that counsel collect an affirmation by the detainee himself indicating that he would like to continue to appeal his conviction. This situation arose because of conflicting reports, one from Al-Bahlul himself addressed to the Court, and another from defense counsel shortly thereafter explaining the detainee's confusion about the status of his case.
Michel Paradis, the primary defense counsel in question, visited Guantanamo again on August 12 and sought a meeting with Al-Bahlul as he did in June, but the detainee declined to meet with him once again.
Defense counsel explain that Al-Bahlul's last instructions to his attorneys were that he wished them to remain "on the field," and Al-Bahlul refused to meet with them until after the D.C. Circuit issues its final ruling in the en banc appeal of his military commission conviction. Counsel once more regrets that in that May meeting, he did not ask Al-Bahlul to memorialize his wishes on paper; he notes that Al-Bahlul requested that JTF-GTMO's Assistant Staff Judge Advocate witness his instructions to the attorneys.
Counsel request that the Court not prejudice Al-Bahlul's case because of their own failure to obtain his wishes put on paper; the presence of the staff judge advocate seemed to suffice as proof of the detainee's directives.
Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT.
Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.