Or we could call it, “The Young and the Soon to be Jobless.” What ever you call it, as reported by the Toronto Star here, LCDR Bill Kuebler was reinstated late yesterday as counsel in the Omar Khadr commission case. According to the report, Army Col. Patrick Parrish ruled that only the military judge in a commissions case may authorize removal of counsel, without reaching the merits of Chief Gitmo Defense Counsel (Air Force) Col. Peter Maciola’s decision. For even more on this soap opera see the Ottawa Citizen report here and Canadian National Post Story here.
Masciola is quoted as saying he will appeal the decision, though my brief review of Commission rules says that Col. Parrish is right and only if an express conflict with the counsel’s state bar licensing rules exist can the Commission CDC remove a defense counsel. See Rule 109(b)(3)(C). Otherwise, it appears Rules 109(b)(2) and 502(f) give the power to remove counsel from a case to the military judge. But that was based on a word search review so don’t count that as authoritative.