Friday, May 23, 2008

Terror suspect phones Sudan to hire own lawyer


GUANTANAMO BAY NAVY BASE, Cuba -- Within hours of a judge's order, an accused al Qaeda conspirator from Sudan got a call from home Thursday to consult with his family on how they might hire him a lawyer, at their own expense.

Ibrahim al Qosi, 47, had earlier fired his U.S. military lawyer and threatened to boycott his war crimes trial. He said he wanted to talk by telephone with his brother, presumably in Khartoum, to get the Sudanese Bar Association to line him up a defense lawyer instead.

In response, Air Force Lt. Col. Nancy Paul, a military judge, ordered lawyers to arrange the call through the International Committee of the Red Cross. She gave them until July 1.

But commanders at the prison camp, ringed by barbed wire and overlooking the Caribbean, accomplished the assignment soon after the judge gaveled the court to a closure.

''It's done,'' said Navy Cmdr. Pauline Storum, spokeswoman for the detention center.

The call lasted about one hour, Storum said, unaware of what was discussed or who was on the other end.

Just hours earlier, Qosi had sat placidly at the war court, miles from the prison camp, wearing the crisp white tunic and trousers of a cooperative captive -- and politely insisted that he would not accept the services of his Pentagon-appointed defense attorney.

''I would like you to allow me to contact my family in Sudan so I can get a legal advisor through the bar in my country,'' Qosi told the judge.

It was a stark contrast to a tense hearing a day earlier for an alleged al Qaeda foot soldier from Afghanistan, who bit and spat on guards ordered by another judge to force him into his arraignment.

Qosi is accused of conspiracy and providing material support for terrorism for allegedly working as Osama bin Laden's bodyguard and driver and as a member of an al Qaeda mortar crew. Conviction carries a maximum sentence of life in prison.

Earlier allegations that he worked as an al Qaeda payroll clerk in Khartoum, Sudan, and ran bin Laden's kitchen in Jalalabad, Afghanistan, are omitted from his current charge sheet.

At his arraignment in April, Qosi threatened to boycott his trial. He said he would not accept any U.S.-appointed lawyer, military or civilian, and called the war crimes court illegitimate.

Thursday, his Air Force judge spent a chunk of the morning session trying to get Qosi to let Navy Cmdr. Suzanne Lachelier help him hire his own lawyer. He refused.

''I've been imprisoned here for 6 ½ years. I have no contact with the outside world,'' he said. ``If you allow me to call my family, I will ask them to do that.''

The prison camps launched the Red Cross telephone call program two months ago. It lets cooperative captives get a once-a-year hour-long phone call from home.

So far, approximately 35 of the 270 detainees have received calls, Storum said.

Next will come the more delicate issue of what role a lawyer lined up by Sudan's Bar Association might play at Qosi's trial.

War court rules largely require that U.S military attorneys act as defense counsel, in part because of national security concerns at Guantánamo itself and involving evidence at trial.

A clause in the war court manual lets a detainee defend himself or hire his own attorney, so long as there is no U.S. government expense. But the lawyer must be a U.S. citizen and get a Defense Department security clearance that lets the lawyer travel to this remote base.

The war court rules also permit an alleged terrorist to have a foreign attorney consultant on his defense team. But they say the detainee's U.S. military-appointed defense counsel -- whom Qosi rejects -- must apply to have the foreign lawyer join the team.

After that, it is up to a Bush administration political appointee, or the trial judge, to approve that foreigner's role.

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