Skip to comments.Assembling defense team will be among the initial challenges (perp KSM & classified evidence)
Posted on 11/16/2009 3:22:01 PM PST by Libloather
Assembling defense team will be among the initial challenges
Federal court set to confront issue of self-representation
By Peter Finn
Washington Post Staff Writer
Sunday, November 15, 2009
In a military commission at Guantanamo Bay, Khalid Sheik Mohammed kicked his military attorney off the defense team, forced a civilian lawyer to sit at the back of the courtroom and reluctantly accepted the presence of another advisory civilian counsel to help him defend himself.
That is, of course, if Mohammed doesn't attempt to plead guilty to capital charges so he can be executed -- his stated desire in a quest for martyrdom.
Three of the Sept. 11 defendants, including Mohammed, represented themselves before the military tribunal, but it is unclear what strategy they will adopt in federal court.
When the case was removed from the military system Friday, a military judge was still considering whether two of the defendants, Ramzi Binalshibh and Mustafa Ahmed al-Hawsawi, were mentally competent to represent themselves, despite the objections of their military counsel.
The issue of self-representation will have to be resolved again in federal court, but for all five defendants. And there are likely to be lengthy proceedings to determine whether the defendants are fit to represent themselves.
As indigent defendants, the five are entitled to a federal public defender and one or more "learned counsel," or lawyers with significant experience in death penalty cases, because the men are likely to face capital charges.
But they have a constitutional right to act as their own attorneys. If they do so, they will still be assigned shadow or advisory counsel with security clearances because Mohammed and the other defendants will not have the right to review the classified evidence.
(Excerpt) Read more at washingtonpost.com ...
I assume that Ramsey Clark and Lynne Stewart already have their bags packed.
No Miranda Reading when he was arrested. Did they use search warrants to get their evidence? Confessions given under duress? This guy walks if he plays his cards right.
If the feds were smart this whole trial would be a big sting. Plant phony classified evidence in court papers, and bust the “civil rights” attorney when it shows up in enemy hands.