“The judge’s departure from the rules, which require learned counsel at every part of a capital prosecution, is inexplicable. Even beyond the binding military commission rules, the American Bar Association’s guidelines for capital cases have long explained that the unique and complex labyrinth of capital trial preparation and investigation requires qualified death penalty counsel represent the defendant at every stage of the proceedings.  Nonetheless, Judge Spath suggested that the junior defense counsel should, alone, stand in the place of learned counsel and a team with deep knowledge of the voluminous issues that the case raises.”

Read more: https://www.aclu.org/blog/national-security/detention/guantanamo-death-penalty-case-without-death-penalty-lawyer

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