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Guantanamo Defense Lawyer Interview

By Jeralyn, Section Terror Detainees
Posted on Tue May 10, 2005 at 12:51:55 PM EST
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The Talking Dog has an interview with Josh Dratel, the New York criminal defense lawyer who is co-counsel for Guantanamo detainee David Hicks of Australia. Josh also is co-author of The Torture Papers. Here's one interesting section of the interview, but go read the whole thing.

Joshua Dratel: Of the people released from Guantanamo so far,
there seems to be something in common: they are let at out at a critical moment when due process from the American government would have to be provided otherwise. This is quite galling, actually. Because as a result of this, we are sending people to their home countries who, if the accusations against them are to be believed, are remarkably "dangerous". We know this because "factual records" for each detainee released have been made public. David, who is not alleged to have shot anyone or committed any kind of a terrorist act, is still detained.

By contrast, consider another Australian national, Mahmoud Habib, who was released. Why? He had previously been rendered to Egypt after transport from Pakistan, and he alleged that he was abused (tortured perhaps) in Egypt. Rather than grant discovery on this rendition issue, in a lawsuit brought by Habib, the government abruptly decided to release him. Based on the government's allegations in the "factual record" it filed in the district court, Habib was alleged to have trained Al Qaeda terrorists in martial arts and hand to hand combat..

Talking Dog: Including the 9-11 hijackers themselves?

Joshua Dratel: Correct. Habib is alleged to have taught Al Qaeda hijacking teams hand to hand combat-- and he goes home, whereas David sits in detention. David is not merely a seconde class citizen detainee, he is a second class Australian citizen detainee. There is no rhyme or reason to any of this.

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    Guantanamo Defense Lawyer Interview | 2 comments (2 topical)
    Re: Guantanamo Defense Lawyer Interview (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:56 PM EST
    Josh is fantastic. For those interested and in the NYC area, Josh will be giving a lecture on the use of international law in domestic criminal court (with special focus on the death penalty) at the Association of the Bar of the City of New York currently scheduled for July 7, 2005. His lecture is part of the anuual Continuing Legal Education program on habeas corpus and the death penalty aimed at defense & pro bono lawyers that the city bar throws each year. - karl

    Re: Guantanamo Defense Lawyer Interview (none / 0) (#2)
    by john horse on Sat Dec 17, 2005 at 12:58:57 PM EST
    Great interview. There is an Alice in Wonderland quality to our system of justice in Guantanamo that would be funny if it weren't so tragic. As Dratel points out, there are no set rules. The Uniform Code of Military Justice and the Geneva Conventions have been thrown out. This allows the government to make up the rules as it goes along or as it suits them.
    Talking Dog: Did you consider it some kind of irony that you were representing an Australian in a kangaroo court? Joshua Dratel: I always want to say that, but am afraid to because it's too corny.
    Exactly.

    Guantanamo Defense Lawyer Interview | 2 comments (2 topical)