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May 26, 2010

ABA President Lamm Opposes Authorizing Defense Department Investigations of Guantanamo Detainees’ Lawyers

Cites Chilling Effect on Defense, Justice Department Authority Over Inquiries

ABA President Carolyn B. Lamm

ABA President Carolyn B. Lamm

Citing “the dependence of the justice system on lawyers providing ‘zealous and effective counsel,’” the _ is calling on Congress not to include a provision in the National Defense Authorization Act for Fiscal Year 2011 directing the inspector general of the Department of Defense to investigate lawyers representing Guantanamo detainees.

In a letter sent today to the chair and ranking member of the Senate Armed Services Committee, ABA President Carolyn B. Lamm said the legislation “will compromise the professional independence of counsel and divert already starved defense resources from defending clients to defending the conduct, practices, actions and strategies of their lawyers.”   The provision was included in the bill as reported out of the House Armed Services Committee Friday.

“The American system of justice depends on the essential role of lawyers in counseling their clients.  This includes providing zealous and effective counsel, even to those accused of heinous crimes against this nation in the name of causes that evoke our contempt,” said Lamm.  Lawyers “who engage in inappropriate conduct or counsel a client to engage in conduct that is criminal or fraudulent are subject to the disciplinary authority of the jurisdiction(s) in which they are admitted to practice,” she added, noting the Department of Justice is the appropriate agency to investigate and prosecute allegations of legal wrongdoing, not the Department of Defense. 

A full copy of the Senate letter will be posted here.  A similar letter is being sent to all Members of the House of Representatives in advance of a vote.

Comments (1)

  • *Pingback*
    8:13 PM May 26, 2010
    This Post Referenced in: CAAFlog » Gitmo Defense Lawyer Provision in FY2011 NDAA

    ... are some responses to Sec. 1037 of the FY2011 NDAA, ABA letter here and Prof. Vladeck at Balkinization ...