GUANTANAMO BAY NAVY BASE, Cuba - The U.S. government is blocking the American Civil Liberties Union from paying attorneys representing suspected terrorists held here, insisting that the ACLU must first receive a license from the U.S. Treasury Department before making the payments.
ACLU director Anthony Romero on Tuesday accused the Bush administration of "obstruction of justice" by delaying approval of the license, which the government argues is required under U.S. law because the beneficiaries of the lawyers' services are foreign terrorists.
"Now the government is stonewalling again by not allowing Americans' private dollars to be paid to American lawyers to defend civil liberties,'' Romero said.
Treasury Department spokesman John Rankin declined to comment on the showdown with the ACLU, citing privacy policies.
But he said the Treasury Department's Office of Foreign Assets Control "is treating this request with the seriousness it deserves and strives to process license applications as expeditiously as possible.''
OFAC is perhaps best known for enforcing regulations against Americans' spending money in places like Cuba or North Korea. But OFAC also is responsible for making certain American funds aren't sent to terrorist groups.
The ACLU announced in April that it was teaming with the National Association of Criminal Defense Lawyers to provide top-flight criminal attorneys to Guantanamo detainees facing the death penalty before military commissions at Guantanamo for their alleged role in the Sept. 11, 2001, terrorists attacks.
Under the program, called the John Adams Project after the second American president, who earned criticism from fellow colonists from defending British soldiers, attorneys representing the detainees would be paid for travel, expenses, research and copying as well as $250 an hour. The ACLU said $8.5 million had been set aside for the project. Romero said attorneys already are due $200,000 in payments.
The program was endorsed by a wide range of lawyers including former Attorney General Janet Reno and former FBI Director William Webster.
Participants include Boise, Idaho, lawyers David Nevin and Scott McKay, who are defense consultants to alleged 9/11 architect Khalid Sheik Mohammed, 43; Seattle attorneys Jeff Robinson and Amanda Lee, defending Mohammed's nephew, Ammar al Baluchi, 30, who noted at his June 5 arraignment that he is a Microsoft certified computer engineer; and Chicago lawyer Tom Durkin, defending Ramzi bin al Shibh, accused of organizing some of the Sept. 11 hijackers.
Nevin declared himself surprised at the standoff, especially since the ACLU had long been "in the business of defending people's rights.''
He added: "Obviously, everyone is going to do whatever is required to be done. But, intuitively, it seems odd to me that anyone's permission is necessary.''
The Treasury Department's Rankin this week offered no timetable for when the license might be issued.
''OFAC processes thousands of license requests each year for a variety of sanctions programs and consults with other offices and leadership in the U.S. Treasury and other agencies as the circumstances merit,'' he said.
Rankin said OFAC's role in the case was triggered because the Bush administration has designated Mohammed, the alleged 9/11 mastermind, and the other four defendants as "Specially Designated Global Terrorists.''
There was no explanation, however, of how that designation squares with the administration's insistence that the military commissions operate under the assumption that the accused are considered innocent until proven guilty.
© 2008 McClatchy Newspapers
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12 Comments so far
Show AllC'mon! Like this government can do anything on time. Get real! Charge interest payments on top! Pencil dicks don't care. They might have alot of emails to read or something. The only thing they, this government, dem or repug, can do quick, is fight and bitch! Oh, my bad, TALK, is another, and alot of it!
If the dems win the election, they can always turn the bush and co. to the international court. Ship them out to the Ague, like the rendition program that they have used so well.
Is there any government agency left that has not been completely politicized? Every day, you wake up thinking "how much worse can it get" and the answer is always : "A LOT".
wolf123, the ACLU are not the lawyers of record, they are using ACLU money to PAY the other lawyers to defend the POW's. The relentless stream of snarkiness towards Muslims and their building of Mosques had nothing to do with this it had to do with your blatantly obvious hatred towards all that are not like YOU, thank goodness.
wolf123,
you misread. The John Adams Project is an ACLU program, not a government program.
This is simple harassment of the lawyers defending these
"alleged" terrorists --
and this has been going on from the beginning one way or
another ---
when they weren't also doing great harm to the prisoners
who have tried to starve themselves and tried to kill
themselves ---
The ACLU lawyers have shown great courage in the face of
fascistic practices by our government.
Law is meaningless to the outlaws in our White House.
I was under the impression these attorneys were working Pro Bono Publico this story says they actually want the US tax payer to pay, at $250.00 an hour + travel expenses (and you know these attorneys will not fly coach). If Saudi Arabia can pay to send Wahabii religious zealots around the world, fund islamic terrorists and build huge mosques all over the world certainly the Saudis can come up with a few shekels to pay for the attorneys for the gitmo detainees. Let the ACLU go to the Saudi embassy to get their money.
If McCain, is able to steal the third election in a row, "Obstruction of Justice", the Bush Criminals will never be held accountable! Obama, may not pursue these criminals because there are so many and it will cost to much. This blocking of the rule of law and ignoring the Constitution, all of the unbelievable rude shit these assholes have done, will more than likely go unpunished! Damn it,man!!!
AND YOU ARE PAYING BUSH TO DO THIS..PAYING THE SALLERIES OF THE GUANTANAMO GUARDS...THE TORTURERS..ALL OF EM..CONGRATS! WAY TO GO..
You guys better start dropping Orwell’s 1984 from planes or something.
“ACLU director Anthony Romero on Tuesday accused the Bush administration of “obstruction of justice†by delaying approval of the license, which the government argues is required under U.S. law because the beneficiaries of the lawyers’ services are foreign terrorists.â€
Let me get this straight…In American justice, if you are accused of terrorism, your lawyer can’t be paid because you are a terrorist? Isn’t that what the court case is about…whether or not you are a terrorist?
Allowing any member of the Bush junta to breathe the air of our precious biosphere is an obstruction of justice.
Obstruction of Justice indeed. lop em off at the feet, that way they cant stand! its pretty ingenious and disingenuous little tactics like this that go to show just how petty and cruel this entire administration has become. The oil powers make a total mockery of the rule of law. The military trials are totally out of line with our beliefs as freedom loving americans! Its the definition of a kangaroo court.