"I Did Not Come Here To Defend Myself': Responding to War on Terror Detainees' Attempts To Dismiss Counsel and Boycott the Trial

Abstract

A significant portion of the war on terror detainees who have been charged at Guantanamo have announced their intentions to dismiss their attorneys, to waive their right to be present at their trials, or to take both actions simultaneously so that their interests will not be represented. This Note demonstrates that strong justifications, rooted in international and domestic legal rules and precedent, support honoring the detainees’ requests. Yet the military tribunal proceedings are designed to follow the adversarial model to achieve just outcomes; granting the detainees’ procedural requests can, in certain situations, undermine the ability of the military commissions to reach just outcomes in favor of the personal whims of the detainees. When a detainee’s procedural request threatens to undermine the adversarial model, I propose that military adjudicators appoint an amicus curiae counsel to provide sufficient process on behalf of the tribunal. author. Yale Law School, J.D. expected 2008; Yale University, B.A. 2005. The author is especially indebted to Professor Michael Wishnie for his support and advice throughout this project. He also wishes to thank Maj. Thomas Fleener and Lt. Cmdr. William C. Kuebler of the U.S. Department of Defense Office of Military Commissions for their firsthand insights; Professor Muneer Ahmad, Peter Elikann, Justice Joette Katz, Justice Richard Palmer, Priti Patel, and Katherine Wiltenburg Todrys for their comments on earlier drafts; and Benjamin Siracusa for his expert editing. 0070.BLOOM 10/25/2007 10:58 AM i did not come here to defend myself