Air Force Searched Lawyers' Offices

[Judi Lynn]

Air Force Searched Lawyers' Offices

THE ASSOCIATED PRESS

December 17, 2003


Washington - Military authorities searched offices of lawyers who represent an Air Force interpreter charged with spying at the Guantanamo Bay, Cuba, prison, one of the man's lawyers said yesterday.

The Air Force delayed a preliminary hearing for Senior Airman Ahmad I. al-Halabi because of the search and other actions last week that defense lawyers say have interfered with al-Halabi's preparations for his military trial. The hearing, which had been scheduled for yesterday, was rescheduled for Jan. 13, the Air Force said.

Al-Halabi is charged with espionage and aiding the enemy for allegedly e-mailing secrets from the prison camp to an unidentified person and planning to carry notes from some of the prisoners to his native Syria. His lawyers say he is innocent.

On Thursday, Air Force investigators searched the offices of al-Halabi's military lawyers at Vandenberg Air Force Base in California, his civilian lawyer, Donald G. Rehkopf Jr., said. The investigators, who had a military warrant, copied the hard drive of one of the defense lawyers' computers, Rehkopf said.

Air Force agents also burst into a room where al-Halabi was meeting with his lawyers Wednesday and took hours to return documents and a laptop computer to him Dec. 10 when he was taken from a jail at Vandenberg to Travis Air Force Base, also in California, Rehkopf said. (snip/...)

http://www.newsday.com/news/nationworld/nation/ny-usguan173588089dec17,0,460028.story?coll=ny-nationalnews-headlines

[bowens43]

1. Welcome to bushes america

a police state.

[saigon68]

13. NO MILITARY JUSTICE IS TO JUSTICE as military music is to music.

It is bull shit and anyone with half a brain will stay out of the service.
This will ultimately be the down fall of the military.

The same type of shit went on in the Viet-Nam years(and right after the war) and the troops voted with their feet and got discharged when their time was up and away from the "chicken shit".

[tlcandie]

2. Watches as our freedoms fly further into never never land....

:(

[frylock]

3. probably there to plant pr0n on his attorney's computers as well.

[tom_paine]

4. Yes, Imperial Amerika is in fact a Totalitarian Place

But the Totalitarianism hasn't yet "trickled down" to our daily lives...YET.

Though the Busheviks certainly enjoy giving us little hints and previews.

[Jacobin]

5. Ah yes....attorney-client privilege? A silly notion with no place in

Bush's Amerika.

Let's just intimidate the hell out of their lawyers and steal all their work product.

That'll be great for the constitution.

[Eric J in MN]

6. despicable

I'm sure the judge would be thrilled if another judge issued a warrant to copy everything on his or her hard drive.

[punpirate]

7. Keep in mind...

... that the military justice system is different than civil law, and always has been. In that system, one is presumed guilty, and it is up to the defendant to prove innocence. Moreover, this search was of the military lawyers' records, not those of al-Halabi's civilian lawyer, and is likely permissible under military law--pretty much everything on a military base is the government's property.

That said, I'm not sure that the UCMJ favors interrupting lawyer-client conferences, but rules that the Bushies have put into effect probably negate those rights, as well.

The real problem here is the set of conditions under which Guantanamo's "unlawful combatants" are detained. Had they been properly designated POWs, there would have been a variety of means of communicating with families while in detention, regular Red Cross visits, etc., which would assure families that they were well and were being treated fairly.

Not having those long-established means has certainly compromised sympathetic members of the military. I hope this trial is open to the press and the public, as I doubt that the "secrets" mentioned are truly strategic in nature, but are, more likely, messages to families and/or assertions of improper treatment in detention.

[teryang]

10. Wrong, thank god...

<... that the military justice system is different than civil law, and always has been. In that system, one is presumed guilty, and it is up to the defendant to prove innocence. Moreover, this search was of the military lawyers' records, not those of al-Halabi's civilian lawyer, and is likely permissible under military law--pretty much everything on a military base is the government's property.>

The standard of proof in a military trial is the same, and so is the presumption of innocence. The military lawyer's records if they pertain to confidential attorney client communications should be protected as well. However, there seems to be a new standard developing where no attorney client privelege is accorded to the accused, whether they be civilian or military, in the case of "terrorism" related cases. However, the conduct of the Air Force here is outrageous and wholly pretextual. They'll try to back channel messages to the Air Force Court of Review or whatever they call it now. It might not get by the Court of Military Appeals. If it doesn't, it'll go to the Supreme Court. This isn't about the detainees, it is about a UCMJ action against an airman. They are probably trying to get him to accept an unfavorable deal or admin discharge. It's all about intimidation. What Judge or Magistrate would sign that kind of warrant?

I will admit however, that breaking into a defense lawyers office or threatening to have him killed is nothing new in the military. Most of the Judges are prosecutors with robes on. They are so political and concerned about their promotions, justice is the last thing on their minds. I guess I answered my own question.

edited for grammar and usage as usual.

[punpirate]

12. Sorry `bout that....

You're quite right--I should have checked. Art. 51, UCMJ.

Cheers.

[DoNotRefill]

16. the rules of evidence...

under the UCMJ are very different than the rules uder the civilian law. Items of probative value which would be excluded under the civil law may be admitted under the UCMJ.

[tlcandie]

8. The bright side... ?

If you want out of being in the military get porn up on your puter or have an affair.. both illegal!

Tell em you use puters to watch/view porn and that you believe in cheating on your spouse!

[LiberalFighter]

11. If I was in the military...

I would prefer to have something else that is illegal under military standard other than the above mentioned acts. And would not be prosecuted under civilian law.

Would an archive or database of anti-war or non-christian material work?

[0007]

14. During the Korea war, some guys tried to get out of the service,

by getting into bed with another soldier and getting caught by the CQ. Didn't work. Many jet pilots were gay while the Air Force knew, they still didn't discharge 'em.

[AnnabelLee]

9. Is there an outside chance

that these lawyers might have figured such a thing would happen, & did not put anything sensitive on their computers? Probably not.:-(

[smaug]

15. Unfortunately, you're probably right

Even though many of us like to think of lawyers as ambulance chasing, self-absorbed reptiles, most trial lawyers are usually pretty good, and expert at working a courtroom rule of law system. However, since this sort of search and seizure destroys attorney-client confidentiality, and provides the prosecution's #1 ally, the Air Force hierarchy, with defense strategy and information, it's like USC/LSU/Oklahoma (take your pick) playing a junior high school football team -- all the advantage to one side. Bluntly, this is (as stated earlier in this thread) an attempt to force a plea bargain and/or admin discharge (ask any vet or current service member why this is bad).

I'll wager that this is being done because, essentially, the Air Force may not have any more real evidence (that would stand up in a court) than the Army really has against Captain Yee. Because this airman has real lawyers, the AF has panicked, and these goon tactics are an attempt to screw the pooch.

A really good lawyer will have a field day with this . . . especially, if this guy isn't really guilty (which I wonder, since the flurry of 'spies at Gitmo!' stories have disappeared - wonder what the stories were *supposed* to cover for - Valerie Plame's outing, perhaps?).

Man, I'm starting to sound like a conspiracy theorist. . . aauugh!