Legal Ethics

Military Defense Lawyer Joins Client in Gitmo Trial Boycott

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A military lawyer appointed to defend an unwilling client in a terrorism trial before a military tribunal at Guantanamo Bay, Cuba, has joined his client in refusing to participate in courtroom proceedings.

After the defendant, former Osama bin Laden aide Ali Hamza al-Bahlul, opted to say nothing during the trial, his Pentagon-appointed attorney, U.S. Air Force Maj. David Frakt, told the court “I will be joining Mr. al-Bahlul’s boycott of the proceedings, standing mute at the table,” reports Reuters.

Frakt then remained silent when questioned by the judge, Air Force Col. David Gregory. He said Frakt may honor his client’s wishes by remaining silent, because the prosecution has the burden of proving the case against Bahlul, who is accused of preparing recruiting materials and providing other assistance to al-Qaida leaders.

“Ali Hamza al-Bahlul, about 40, of Yemen becomes the second Guantánamo detainee to face trial as an alleged terrorist at the first U.S.-run war crimes tribunal since World War II,” reports the Miami Herald. “In years of pretrial hearings, he has never disputed the charges against him. But he rejects the authority of the U.S. military court.”

Additional coverage:

Associated Press: “Guantanamo prisoner and lawyer boycott trial”

Agence France-Presse: “Al-Qaeda propagandist goes on trial at Guantanamo”

Human Rights First (Aug. 2008): “Representing the Unwilling”

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