Curb sought on counsel to detainees
US asks court to restrict talks with lawyers
By Farah Stockman, Globe Staff | October 25, 2006
WASHINGTON -- {snip}
The current rules, which were the result of tough negotiations between defense lawyers and the government in 2004, require that attorneys obtain security clearance before they see classified evidence in a case. But the proposed rules state that in addition to security clearance, an attorney must "need to know" the information that is being sought, a determination that is made by the US government.
Under the current rules, the military must ask a judge for permission to make information off limits for an attorney to discuss with a client. But under the new rules, the military itself would have the power to declare information off limits, although defense lawyers could appeal that determination in court.
Under the current rules, legal mail is reviewed only to ensure that attorneys are not passing on physical contraband. Under the new rules, mail will be reviewed by a committee to screen out unnecessary information about the outside world.
Currently, there are no limits on the number of visits a lawyer can have with a detainee. But the new rules allow a lawyer appealing an enemy-combatant designation one initial visit and a maximum of three additional visits.
Justice Department attorney Robert Loeb said in legal filings that lawyers do not need many meetings to file an appeal.
The fight over limiting access to lawyers comes after President Bush transferred 14 terrorist suspects, including alleged Sept. 11 mastermind Khalid Sheikh Mohammed, to Guantanamo Bay from secret CIA facilities. Administration officials have expressed concern that information about those detainees --
and the conditions under which they were kept in secret prisons -- might leak out through defense attorneys.
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