Investigating the Gitmo lawyers

NY Times:

A provision tucked into a defense bill before Congress would direct the Pentagon’s inspector general to investigate any suspected misconduct by lawyers for Guantánamo Bay detainees, opening a new chapter in a recurrent political controversy over legal ethics and the representation of terrorism suspects.

The measure is part of a major defense bill that the full House of Representatives is expected to begin debating this week. It was added late last week, shortly before the House Armed Services Committee unanimously approved the legislation.

The provision would require the Pentagon inspector general to investigate instances in which there was “reasonable suspicion” that lawyers for detainees violated a Pentagon policy, generated “any material risk” to a member of the armed forces, violated a law under the inspector general’s exclusive jurisdiction, or otherwise “interfered with the operations” of the military prison at Guantánamo.

The inspector general would be required to report back to Congress within 90 days after the provision became law about any steps the Pentagon had taken in response to such conduct by either civilian or military lawyers.

Lawyers for Guantánamo detainees have reacted with outrage to the proposal, saying it would have a chilling effect on their efforts to help detainees get habeas corpus hearings or to defend them in military commission trials. They are organizing to try to persuade Congress to strip the language before enacting the final bill, which must also still pass the Senate.

...


It sounds like the Gitmo lawyers are helping to make the case for the legislation. By acting as lawyers for the enemy they really deserve worse than an IG investigation. The law does not appear to address the egregious conduct of some of the lawyers in disclosing the identity of CIA officers. The Supreme Court should have never given the enemy habeas rights to begin with.

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