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: JURIST - The Paper Chase

Federal judge tentatively approves military lawyers representing Guantanamo detainee

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] A federal judge said Tuesday that former Guantanamo Bay detainee Ahmed Ghailani can be represented by his military lawyers in civilian court, pending the approval of superior officers. US District Judge Lewis Kaplan, who said he expected the representation to be approved, asked the US Department of Defense to make their decision within a week. Kaplan's approval followed a request made by Ghailani to have military lawyers Colonel Jeffrey Colwell and Major Richard Reiter continue representing him. Jurist Forum contributing editor and law professor Victor Hensen said that it is rare for military lawyers to represent defendants in a civilian court and suspects that superior officers won't approve the representation. Additionally, Kaplan urged government officials to decide with haste whether they will seek the death penalty in the case if Ghailani is convicted of conspiracy, estimating that the trial will take place next year. Ghailani, who faces charges for his alleged involvement in the 1998 bombings of US embassies in Tanzania and Kenya, is the first Guantanamo detainee to be brought to the US for prosecution. Having been held at the Guantanamo facility since 2006, Ghailani was transferred to the US District Court for the Southern District of New York last week to face 286 separate counts including involvement in the bombings and conspiring with Osama bin Laden and other members of al Qaeda to kill Americans worldwide. He pleaded not guilty at his initial appearance. The announcement that Ghailani would be tried in federal court came last month following the ordered review of all Guantanamo detainees pursuant to plans to close the detention facility.

Full post as published by JURIST - The Paper Chase on June 17, 2009 (boomark / email).

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