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Law students aid in GuantA¡namo cases

(11/21/05 5:00am)

It's an opportunity most future lawyers could never imagine having before making partner. Under the guidance of Professor Madeline Morris, six School of Law students are researching and drafting briefs for military lawyers representing prisoners detained in GuantA¡namo Bay, Cuba. The School of Law established the Guantnamo Defense Clinic in October in conjunction with the U.S. Department of Defense. Students have provided welcome assistance for the defense team, said Marine Corps Major Michael Mori, an attorney representing one of the GuantA¡namo detainees. "We are the only law school in the United States or anywhere else that is serving in this capacity," Morris said. "The students have been made an integral part of the defense teams in each case." Students said they appreciate the complexity of the GuantA¡namo cases, which raise questions of constitutional, domestic, international and military law. The proceedings are unusual because they take place in a special military tribunal rather than in the federal judicial system or a traditional military courts-martial. "One of the questions is whether or not these cases should be tried in civilian courts," said David Thompson, a second-year law student involved in the clinic. "That's kind of the big question that is overshadowing all the little questions we're dealing with." Thompson has helped author briefs for the defense of David Hicks, the "Australian Taliban" who was captured while fighting American forces during the 2001 invasion of Afghanistan. Mori, Hicks' counsel, said the students provide valuable assistance to an understaffed defense team. "The staffing in the defense office has been deliberately undermanned," he said. "Until recently, we only had a staff of five and the prosecution had 24." Mori, who won a Medal of Liberty from the American Civil Liberties Union for his criticism of GuantA¡namo tribunals, said the students' contributions allow defense attorneys to explore other aspects of the cases. "Without outside assistance like the clinic at Duke, there would be a lot of areas that wouldn't be thoroughly researched," he noted. In addition to unbalanced staffing, third-year law student Coalter Lathrop said he was concerned by the extra-constitutionality of the GuantA¡namo courts. "It's a bit of a loaded system, loaded against the accused," he said. "The Defense Department writes the rules of procedure. And they change. It's not just an uneven field, it's an uneven field with a moving target." Despite his concerns, Lathrop said he was happy to work on what he called, "the most exciting international law and federal law question that has come up in the last decade." Michelle Park, another third-year law student, echoed Lathrop's enthusiasm. "This has to do with our basic rights," Park said. "Trying to uphold them is something I think, as a lawyer, we all have an obligation to do." Students said Morris's experience in international law and extensive contacts in the Pentagon were crucial for the establishment of the GuantA¡namo clinic. Since joining the School of Law in 1990, Morris has assisted tribunals exploring genocide and war crimes in Rwanda, Yugoslavia and Sierra Leone. For the past six years, she has served as a consultant to the Office of War Crimes at the U.S. State Department. Morris added that the clinic will grow to include 24 students next semester.