Cellblock, Camp Delta, Guantanamo, Cuba

Advocating for criminal defendants when judges blunder is part of the job of a criminal defense lawyer. As a Fairfax criminal lawyer, I know that numerous judges make serious blunders in making a variety of vital decisions. The humble judges who blunder have better potential for getting back on track than the judges convinced that they are right when they are not.

Standing up to a judge who blunders sometimes brings risks. That is part of the territory of being an effective criminal defense lawyer.

Al-Nashiri’s civilian lawyers stand firm advocating against military judge’s ordering their return to the case

A great example of such courage by criminal defense lawyers comes from the ongoing impasse between the Guantanamo judge of capital defendant Abd al-Rahim al-Nashiri’s, and the three civilian lawyers in his case. Those civilian lawyers are lead defense lawyer Richard Kammen, attorney Rosa Eliades, and attorney Mary Spears. (Richard and Rosa attended the Trial Lawyers College at the same time, a few years after I attended.)

Fairfax criminal lawyer emphasizes the necessity of attorney-client confidentiality

Richard Kammen confirms intrusions into attorney-client confidentiality at Guanatanamo, which has included “microphones hidden in smoke detectors.” Such a situation is intolerable, no matter how serious the alleged crime of a defendant. Brigadier General John Baker — the Chief Defense Counsel for the Guantanamo Military Commission — concurred and relieved the civilian lawyers’s assignment to Al-Nashiri.

No judge should force lawyers to maintain a charade of justice

Richard Kammen recognizes that the Guantanamo military commission system “is an un-American façade of a court system that cannot provide fairness.” Nonetheless, Al-Nashiri’s military commission judge Air Force Colonel Vance Spath blundered in convicting and entencing General Baker to twenty-one days of confinement (since stayed pending further review) for criminal contempt of court for relieving the Al-Nashiri’s civilian lawyers without first obtaining the court’s permission. Spath further blundered by ordering Al-Nashiri’s civilian lawyers’ presence for the next court proceeding.

General Baker and the civilian lawyers stand up to military commission judge Spath

Praised be General Baker for standing up to Judge Spath, writing that as chief defense counsel, he has “unilateral, unreviewable authority to excuse counsel for good cause…Nowhere do the Rules make provision for the review or reversal of that determination.”

Praised be Al-Nashiri’s civilian lawyers for declining Judge Spath’s directive to appear at the next court proceeding.

Congratulations to Richard Kammen for obtaining a federal judge’s temporary order to prevent Kammen’s arrest for not following that directive from Judge Spath.

Advocating for criminal defendants is a high calling. Thanks to Al-Nashiri’s civilian lawyers and General Baker for taking the right path.

Fairfax criminal lawyer Jonathan L. Katz fully fights for his clients, since 1991. To discuss your case with Jon in confidence, please call his staff to schedule an appointment, at 703-383-1100.