Test of authority in Gitmo war court

MIAMI – There is a test of wills and authority going on between the Guantanamo Bay, Cuba, military war-court judge and chief defense counsel. The judge, Air Force Col. Vance Spath, ordered the three civilian lawyers who quit the case against Abd al Rahim al-Nashiri, the man accused of orchestrating al-Qaida's October 2000 attack against USS Cole in Yemen, to return to court next week. Civilian lawyers Rick Kammen, Rosa Eliades and Mary Spears quit their jobs Oct. 11. The trio got permission to quit from chief defense counsel, Marine Brig. Gen. John Baker, who found "good cause" for their resignations. Judge Spath wrote in an Oct. 16 order that, while Baker "purported to find good cause" to approve the trio’s leaving the case, Spath he has not. The trio will remain counsel of record in this case, and are ordered to appear at the next scheduled hearing, Spath wrote. The issue is whether Baker or Spath has authority to excuse the lawyers from the case. The war court judge's book, "Trial Judiciary Rules of Court," says once a civilian lawyer has appeared in court, "excusal must be approved by the military judge." But the "Manual for Military Commissions," from which rules are drawn, says the authority goes to who appointed the lawyer(s) gets to excuse them for good cause. Al-Nashiri could face military execution, if convicted. (Source: Miami Herald 10/24/17).Gulf Coast Note: Among those serving in USS Cole with Gulf Coast ties included retired master chiefs James Parlier and Eric Kafka. Both had served with Navy Pensacola, Fla., commands.