ETHICALLY CONSTRAINED DEFENSE COUNSEL MUST WITHDRAW

    Leaving the client without a lawyer to protect his rights could even be worse. I don’t know if I’ve done the right thing, but I don’t think I really had a choice.


    US Navy Lieutenant Alaric Piette 

    In an earlier post I nominated Marine Brigadier General John Baker, Chief Defense Counsel of the Military Commissions Defense Organization at Guantanamo Bay, for the 2017 Defense Lawyer Profile of Courage. Brig. Gen. Baker risked his military career, his future, his retirement benefits and much more by doing the right thing when lesser defense counsel in his place would have caved in or have deluded themselves into believing that going along to get along was ethically the right thing to do.

    Brig. Gen. Baker gave no quarter: he discharged three civilian members of Abd al-Rahim al-Nashiri’s defense team (Richard Kammen, Rosa Eliades and Mary Spears), who were no longer able to ethically represent their client because communications with their client were secretly being monitored by the US government. This left al-Nashiri with just a single military lawyer, former US Navy SEAL, Lieutenant Alaric Piette. By his own admissions Lt. Piette is not learned – qualified by specialized training and experience to defend Guantanamo accused in cases where the US government is seeking the death penalty. Continue reading “ETHICALLY CONSTRAINED DEFENSE COUNSEL MUST WITHDRAW”

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    WITHDRAWING FROM A CASE: Comment and Response

      I greatly appreciate those who take time to comment on my blog posts.  Sometimes praise. Other times critical.  Often expanding the conversation.  Always welcome. When appropriate, I will make a brief reply directly in the comment function.  However, whether due to the subject matter or length of the reply, I will occasionally reply in a free-standing post.  Today’s post is such an occasion, as I respond to a lengthy comment from Mr. Bryan Miller to my post WITHDRAWING FROM A CASE: Abandoning ship or doing what is in the client’s best interest.


      Dear Bryan,

      Thank you for your recent comment to my post WITHDRAWING FROM A CASE:  Abandoning ship or doing what is in the client’s best interest. First, let me say that it is good to hear from you and see that you are doing well in your diverse private practice.  Though I was sorry to see that you didn’t include in your professional bio your time working for me in The Hague as an extern on the Ieng Sary case at the Extraordinary Chambers in the Courts of Cambodia.  In any event, many of your comments and questions are obviously beyond the scope of the post, though interesting nonetheless. I address them seriatim: Continue reading “WITHDRAWING FROM A CASE: Comment and Response”

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