National Public Radio: Talk of the National Public Radio: Talk of the Nation Nation

February 15, 2007February 15, 2007 This is TALK OF THE This is TALK OF THE

NATION. I’m Neal NATION. I’m Neal Conan in Conan in Washington.Washington.

In December 2003, In December 2003, Lieutenant Lieutenant Commander Charles Commander Charles Swift, a Navy lawyer, Swift, a Navy lawyer, got a letter from the got a letter from the Department of Department of Defense.Defense.

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They told him, to his surpriseThey told him, to his surprise

that he’d been that he’d been assigned to assigned to represent one of represent one of the detainees the detainees

being held at being held at Guantanamo Guantanamo Bay.Bay.

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Salim Ahmed HamdanSalim Ahmed Hamdan

a citizen of Yemen, a citizen of Yemen, was picked up in was picked up in Afghanistan a few Afghanistan a few months after the months after the American troops there American troops there toppled the Taliban, toppled the Taliban, and he acknowledged and he acknowledged service as Osama Bin service as Osama Bin Laden’s driverLaden’s driver

Osama Bin LadenOsama Bin Laden

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Did you have any idea of what you were getting Did you have any idea of what you were getting into the day you got that letter from the Defense into the day you got that letter from the Defense Department?Department?

I was surprised when the letter conditioned my I was surprised when the letter conditioned my access to Mr. Hamdan on a guilty plea.access to Mr. Hamdan on a guilty plea.

They’d asked Colonel Gunn to appoint - who is They’d asked Colonel Gunn to appoint - who is the chief defense counsel - to appoint defense the chief defense counsel - to appoint defense counsel for the limited purpose of negotiating a counsel for the limited purpose of negotiating a guilty plea. guilty plea.

And the letter made quite plain that you would And the letter made quite plain that you would see the prosecutor to get access, and that if for see the prosecutor to get access, and that if for some reason you were unable to negotiate a some reason you were unable to negotiate a guilty plea, that that access could be cut off.guilty plea, that that access could be cut off.

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Values and Duties You Would Consider Values and Duties You Would Consider If You Were in Swift’s DilemmaIf You Were in Swift’s Dilemma

Duty to follow Duty to follow ordersorders

Represent client as Represent client as best as possiblebest as possible

Set aside feelings Set aside feelings about representing about representing a terrorista terrorist

Career aspirationsCareer aspirations Representing a Representing a

terrorist inside the terrorist inside the militarymilitary

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Values and Duties You Would Consider Values and Duties You Would Consider If You Were in Swift’s DilemmaIf You Were in Swift’s Dilemma

Duty to inform Duty to inform client of optionsclient of options

Innocent until Innocent until proven guiltyproven guilty

Desire to obtain Desire to obtain useful military useful military intelligenceintelligence

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Values and Duties You Would Consider Values and Duties You Would Consider If You Were in Swift’s DilemmaIf You Were in Swift’s Dilemma

Going through a Going through a fair processfair process

Access to non-Access to non-military justicemilitary justice

Challenging unjust Challenging unjust systemsystem

Being willing to Being willing to assume in your assume in your own mind that he own mind that he could be innocentcould be innocent

Decline to Decline to represent an Al represent an Al Qaeda memberQaeda member

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Values and Duties You Would Consider Values and Duties You Would Consider If You Were in Swift’s DilemmaIf You Were in Swift’s Dilemma

Find the truth of Find the truth of the matterthe matter

CourageCourage

Client’s wishesClient’s wishes

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Apply Georgia Rules to Swift’s Apply Georgia Rules to Swift’s DilemmaDilemma

Terminology: pp 5-Terminology: pp 5-6 6

GRPC 1.2 (pp 7-8)GRPC 1.2 (pp 7-8) GRPC 1.8(f) (p23)GRPC 1.8(f) (p23)

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