SMRs and AMRs

Monday, October 16, 2006

Marine Corps Issues Gag Order in Detainee Abuse Case

The action has lawyers worrying they could be punished for defending Guantanamo clients.
By Carol J. Williams
LA Times Staff Writer

MIAMI — The U.S. Marine Corps has threatened to punish two members of the military legal team representing a terrorism suspect being held at Guantanamo Bay if they continue to speak publicly about reported prisoner abuse, a civilian lawyer from the defense team said Saturday.

The action directed at Lt. Col. Colby Vokey and Sgt. Heather Cerveny follows their report last week that Guantanamo guards bragged about beating detainees, said Muneer Ahmad, an American University law professor who assists in the defense of Canadian suspect Omar Khadr.

The order has heightened fears among the military defense lawyers for Guantanamo prisoners that their careers will suffer for exposing flaws and injustices in the system, Ahmad said.

"In one fell swoop, the government is gagging a defense lawyer and threatening retaliation against a whistle-blower," Ahmad said. "It really points out what is wrong with the detainee legislation that Bush is scheduled to sign on Tuesday: It permits the abuse of detainees to continue, immunizes the wrongdoers and precludes the detainees from ever challenging it in court."

The Marine Corps said the gag order had been issued to ensure the legal team's actions were in compliance with professional standards. "The Chief Defense Counsel of the Marine Corps, as Lt. Col. Vokey's direct supervisor, has directed him not to communicate with the media on this case pending her review of the facts," said 1st Lt. Blanca E. Binstock of the Marine public affairs office.

Defense lawyers for Guantanamo prisoners say the personal stakes are high and point to the Navy's failure to promote Lt. Cmdr. Charles Swift after he successfully challenged the legitimacy of the Pentagon's war-crimes commissions. Two weeks after the Supreme Court ruled the commissions unconstitutional and lacking in due process, Swift was passed over for advancement and will be forced by the Navy's up-or-out policy to retire by summer.

(There is more, here.)

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