Ibrahim al-Qosi appeared before a military commission in Guantanamo charged with conspiracy and providing material support for terrorism; providing security, transportation and supply services for an al-Qaida compound in Afghanistan; and serving as a member of an al-Qaida mortar crew. Al-Qosi, who rejected his military defense counsel, must now wait for the Red Cross to arrange a phone call with his family, the first phone call with them in his more than six years of detention, to help him find a lawyer.
Inside the courtroom, al-Qosi was brought in, flanked by military officials gripping either arm.
Al-Qosi's military defense counsel, Navy Reserves Cmdr. Suzanne Lachelier, sat at the table with him. But al-Qosi, who was dressed in a white knit skull cap, long white pants and tunic, rejected her representation. "I refuse to be represented by any attorney appointed by the American government, because I do not trust them," al-Qosi said, with the help of a translator. "I choose to hire a civilian lawyer at my own expense."
When the military judge, Air Force Lt. Col. Nancy Paul, asked if he had a particular civilian lawyer in mind, al-Qosi explained, "I've been in prison here for six and a half years. I've had no contact with the outside world. I have no information about that."
Instead, al-Qosi requested that he be able to call his family in Sudan to help him find a civilian lawyer through the Sudanese Bar Association. The judge turned to the military prosecutor, Lt. Col. S. Maher, and inquired whether such a call might be possible under Guantánamo's amorphous detention rules.
The prosecutor didn't know, and the judge called for a lunch break.
This is al-Qosi's second go-around in the military commission system at Guantánamo. He was originally charged in February 2004. Back then, al-Qosi was also provided with a military attorney, whose representation he accepted. His case was dismissed, however, when the U.S. Supreme Court struck down the commissions as unlawful. Four months later, Congress passed a law authorizing a new round of commissions, and in February 2008, the government re-charged al-Qosi. They charged him with conspiracy and providing material support for terrorism, claiming he had worked as a driver and armed guard for Osama bin Laden; had provided security, transportation and supply services for an al-Qaida compound in Afghanistan; and had served as a member of an al-Qaida mortar crew.
Al-Qosi claims he has been subjected to brutal interrogation and sexual humiliation during his more than six years of imprisonment.
After lunch, the judge gave al-Qosi some welcome news: She would order that he be allowed to call his family, for the sole purpose of hiring a lawyer recommended by the Sudanese Bar. She set a July 1 deadline for the telephone communication to take place.
But because al-Qosi is not permitted to make calls from Guantánamo, the International Committee of the Red Cross would have to arrange for al-Qosi's family in Sudan to call him. So Paul urged al-Qosi to allow Lachelier to help make it happen.
"As I am sure you are aware, you have some limitations as a detainee," Paul pointed out. "You will need someone to work this process for you. Commander Lachelier is the best person to do that."
A former federal public defender, Lachelier, dressed in her Navy uniform, clarified that she could serve as al-Qosi's "telephone assistant," rather than legal representative, in facilitating the call.
Al-Qosi reluctantly agreed.
Paul instructed al-Qosi that when he spoke with his family, he should keep in mind the requirements for civilian counsel in a military commission. To qualify, a civilian lawyer must be a U.S. citizen, pass an extensive security clearance, and sign a written agreement to abide by all the rules of the military commissions.
If al-Qosi does succeed in hiring a civilian attorney under the military commission rules, military counsel will still serve as a standby. A foreign attorney could consult in al-Qosi's defense only if al-Qosi's detailed military lawyer applies to have the foreign lawyer join the team and if the judge approves. But al-Qosi has stated unequivocally he refuses to let Lachelier represent him in any capacity.
After the court proceedings, Guantánamo's Press Advisory Office released information stating al-Qosi had been able to speak with his family. Several news stories reported that the call – his first since being detained at Guantánamo – went on for an hour. Subsequently, however, the deputy commander for Guantánamo's Joint Task Force said that no such call had taken place.
Whether al-Qosi will receive a call, and whether his family and the Sudanese Bar can help him obtain a civilian attorney who meets the rigid military commission rules, remain to be seen.
The next hearing in al-Qosi's case is set for July 23.
