Case Coverage: Military Commissions

Details on a Lawyer's Undetailing

By Benjamin Wittes, Wells Bennett
Tuesday, July 17, 2012, 11:01 AM

The disqualification and technical issues resolved---and Judge Pohl suddenly audible---the judge and parties move briskly to the next issue: the notice of Michel Paradis’ “undetailing” from the case (AE83). There isn’t a motion there, per se; though Judge Pohl notes that the defense had an opportunity to present evidence as to why Mr. Paradis’ ongoing representation of Al Nashiri would not pose a conflict, but did not. Accordingly, the commission finds that Mr. Paradis’ ongoing representation of Al-Nashiri and Al-Bahlul would pose a conflict. Judge Pohl says he’ll entertain a motion from the defense if it objects to the ruling --- as Lt. Cmdr. Stephen Reyes evidently does. He wants to clarify the record, in particular to note that Col. Colwell, the Chief Defense Counsel, had not actually raised a conflict.

Reyes also adds a new issue, regarding an attempted ex parte communication related to Mr. Paradis: the prosecution had sent an e-mail or voicemail to the court, regarding Mr. Paradis; in responding, the court included both prosecution and defense. Thus Reyes notes that Mr. Paradis should have been included originally on the e-mail. He wants to add the initial communication to the record, and plans to file a motion later. The court rejects this request.