Tuesday, April 19, 2011

NY City Bar Letter to DoD Regarding GTMO Protective Order

The Association of the Bar of the City of New York sent a letter to Jeh Johsnon, DoD General Counsel Regarding the Protective Order Governing Guantanamo Defense Counsel.  The letter expresses the Associations concern with the Protective Order and Procedures for Counsel Access to Detainees Subject to Military Commission Prosecution at the United States Naval Station in Guantanamo Bay, Cuba, dated March 4, 2011 (the “Protective Order”). They urged delay of the effective date of the Protective Order until the matters raised in the letter can adequately be addressed.  The Association is most concerned with the Protective Order’s provisions that threaten the attorney-client relationship by dramatically restricting and burdening communication between an attorney and his or her client, and by requiring counsel, under certain circumstances, to forfeit the protections of the attorney-client privilege in order to provide representation consistent with the terms of the Protective Order.