Lawyers say rules that allow evidence they may never be allowed to see, permit the government to eavesdrop on their conversations with clients, and require them to get official permission before discussing the case with witnesses or other attorneys make it impossible to prepare a meaningful defense.
"The rules have been crafted in such a way that civilian defense lawyers will find it almost impossible to effectively participate in military-tribunal cases," said Miami attorney Neal R. Sonnett, chairman of an American Bar Association task force on the treatment of enemy detainees. "And, in fact, there are many fine lawyers who believe it would be unprofessional and even unethical for a lawyer to get involved under the circumstances the government is laying down."
The proceedings are expected to begin here later this year. The United States has been holding terror suspects at Guantánamo indefinitely, without prisoner-of-war status or criminal charge, access to lawyers or visits from family.
A defendant acquitted by a commission will not necessarily be freed. The administration has reserved the right to continue holding any prisoner who officials say has continuing intelligence value or poses a threat to the United States.
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