From an editorial in today's New York Times, Injustice in Guantánamo:

The Bush administration has already denied each of the Guantánamo detainees one basic right guaranteed in the civilian justice system: a speedy trial. Now it appears determined to deny many more. Before these prosecutions go any further, the administration should overhaul its procedures until it has a system capable of exonerating the innocent, and of showing a skeptical world that those who are convicted are in fact guilty.

On August 2, 2003, the Board of Directors of the National Association of Criminal Defense Lawyers (NACDL) passed a resolution regarding lawyers' participation in the tribunals. We just received the full text today:

WHEREBY a Military Order of November 13, 2001, “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,” 66 F.R. 57833 (Nov. 16, 2001), and its implementing instructions issued April 30, 2003, defined the proceedings for representing the accused in Military Commissions at Guantanamo Bay;

WHEREBY the Military Commission Instructions impose severe limitations on defense counsel and deny due process and attorney-client confidentiality and privilege;

WHEREBY such limitations make it impossible for counsel to provide adequate or ethical representation, and representation before such a commission would make it necessary for a criminal defense attorney to contract away his or her client’s rights, including the right to zealous advocacy;

THEREFORE BE IT RESOLVED that NACDL deems it unethical for a criminal defense lawyer to represent a person accused before these military commissions;