Washington, DC (Oct. 13, 2017) – Today, Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense Organization, found good cause to allow the withdrawal of three members of the defense team in the case of United States v. Nashiri due to concerns that the government compromised attorney-client confidentiality. United States v. Nashiri is the trial of Abd al Rahim al Nashiri, who is the alleged mastermind of the 2000 bombing of the U.S.S. Cole.
Rick Jones, President of the National Association of Criminal Defense Lawyers (NACDL), issued the following statement:
"The accusations of government overreach have plagued the Guantanamo military commissions since their inception. Instances of the government eavesdropping on confidential attorney-client conversations have been documented repeatedly, from them using fake smoke detectors as listening devices to attempting to turn non-attorneys on the defense team into informants.
"Today’s excusal of three defense lawyers proves again the flawed nature of these commissions. Attorney-client privilege is a linchpin to any fair criminal trial. Without it, justice cannot be sought nor served.
"General Baker found good cause to allow the withdrawal of three civilian lawyers, including Mary Spears, Rosa Eliades, and learned counsel Richard Kammen. Regardless of whether this is due to outrageous overreach or deliberate malicious action by the government, today’s action proves that the military commissions system is fundamentally damaged. This government interference with the defense team caused an ethical crisis which dealt yet another blow to an already flawed system."
NACDL has long been concerned about attorney-client privilege at Guantanamo, as reflected, for example, in its 2012 NACDL ethics opinion. Previous NACDL statements on Guantanamo and attorney-client communications can be found here and here.
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
Alexandra Funk, NACDL Public Affairs & Communications Assistant, (202) 465-7647 or firstname.lastname@example.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.