ABA Journal - Law News Now

Legal Ethics

I’ll Be a Potted Plant, Gitmo Defense Lawyer Fears

Posted Apr 9, 2008, 05:01 pm CDT
By Martha Neil

As efforts to conduct military trials of terrorism suspects held at the Guantanamo Bay military prison inch forward, some suspects and their counsel are not optimistic about the process.

One Saudi defendant today politely informed a military judge that his planned war crimes trial is a sham in which he will not participate, reports the Los Angeles Times. Ahmed Mohammed Ahmed Haza Al-Darbi, 33, is accused of conspiracy and providing material support for terrorism by allegedly training with al-Qaida and plotting to attack ships in a sea passage leading to the Persian Gulf.

"History will record these trials as a scandal," he reportedly told the judge, noting that he does not want to be represented by a lawyer at trial either. "I advise you, the judge, and everyone else who is present to not continue with this play, this sham."

This development leaves his Army defense lawyer, Lt. Col. Brian Broyles, in a difficult position: He is required by military commissions rules to go ahead with the defense, but Broyles plans to seek guidance from Kentucky bar officials and the Army JAG Corps about whether he is ethically permitted to do so without Al-Darbi's assistance.

"There's every possibility that I'll end up being a potted plant," says Broyles.

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