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View Diary: Defense bill's "war on lawyers" (66 comments)

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  •  steve vladeck (10+ / 0-)

    at balkinization:

    With these observations in mind, the potential practical effect of this provision is deeply disturbing. One can only imagine the kind of chilling effect it might have on lawyers to know that their efforts to provide the Guantánamo detainees with the meaningful access to the courts required by the Supreme Court in Boumediene will nevertheless subject them to the scrutiny of the House and Senate Armed Services Committees. Moreover, the "reasonable suspicion" standard could itself force counsel to think twice before challenging extant DoD policies governing their interactions with their clients, thereby interfering with counsel’s ability zealously to represent their clients. The mere threat of investigation could easily force compliance with troubling policies limiting lawyer-client interaction that counsel might otherwise seek to challenge. Say what you will about the merits of these cases, but I had thought we’d long-since settled the appropriateness of allowing lawyers in these cases vigorously to represent their clients in court, consistent with the highest traditions of the profession.

    The cold passion for truth hunts in no pack. -Robinson Jeffers

    by Laurence Lewis on Thu May 27, 2010 at 02:20:13 PM PDT

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