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Authors: James Grippando
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Justice, National Security Division.”
The judge peered out over the top of his reading glasses. “I must say it isn’t every day that I see a lawyer from the NSD’s Counterterrorism Section in my courtroom.”
Gonzalez rose to address the court. “This case presents special circumstances, Your Honor.”
“ ‘Special circumstances’? ” said Neil, rising. “Gee, and I thought ‘enhanced interrogation’ was the government’s only euphemism for ‘torture.’ ”
Beneath the table, Jack ground his heel into his partner’s big toe, and Neil struggled not to yelp. Gonzalez had been a consummate professional at the habeas proceeding in Washington, and Jack shot his cocounsel a look that said, Tone it down.
“Neil Goderich of the Freedom Institute on behalf of the defendant,” he announced. “With me is Jack Swyteck, who has yet to decide if he has the set of you-know-what to take this case to trial, but he has agreed to assist me at this emergency hearing.”
Not sure what to do with Neil’s remark, the judge simply cleared his throat and moved on.
“I have before me the government’s emergency motion to prevent the defense from pursuing a frivolous alibi—specifically the defendant’s claim that at the time of the commission of the crime, he was held by the U.S. government in a secret interrogation site in the Czech Republic prior to his transfer to Guantánamo Bay, Cuba.”
Neil rose, eager to speak, even if he was out of turn. “Before we proceed, I have to say that this motion seems highly premature. We have not even informed the government that my client intends to pursue an alibi defense, and under the rules we are not required to do so until ten days before trial.”
“Does that mean you’re not going to assert an alibi defense?” asked the judge.
“They most definitely will,” said the prosecutor.
Neil smiled thinly, as if the prosecution had stepped into his trap. “I’m not sure how the government would know that, since Mr. Wakefield has never before stated publicly that he was detained in the Czech Republic. Unless, of course, the government knows from its own records that my client was, in fact, held at such a site.”
“We know because the defendant called the victim’s father from jail last night and told him,” said the prosecutor. “Mr. Wakefield dated McKenna Mays, and now that he has been indicted, it has apparently become important for him to convince Mr. Mays of his innocence.”
That took the wind out of Neil’s sails, and Jack felt his pain. A client who did something stupid from jail and then neglected to tell his lawyer about it was routine at the institute.
The judge said, “Given the national security issues raised by the alibi defense, I don’t see the motion as premature. Ms. Gonzalez, proceed.”
The Justice Department lawyer went to the lectern. It was almost taller than she was, and rather than disappear behind it, she stepped to one side to address the court.
“Judge, as anyone who reads the newspapers knows, the United States has acknowledged the existence of a limited number of so-called black sites—facilities at which enemy combatants were detained and interrogated prior to, or in lieu of, their transfer to Gitmo. As early as 2005, reports circulated about such sites in Afghanistan and at other locations in the Middle East. Later, however, unfounded rumors emerged about a possible site in an Eastern European country—perhaps in Poland, Romania, or the Czech Republic.
“Here, Mr. Wakefield claims that he was held in a secret facility in Prague. It is important for this court to understand that no one has ever produced a shred of evidence that a black site existed in the Czech Republic. The United States denies it. The Czech Republic has asserted that such reports are libelous.
“The Department of Justice has asked the state of Florida to file this motion because we anticipate that Mr. Wakefield’s attorneys will subpoena intelligence
The judge peered out over the top of his reading glasses. “I must say it isn’t every day that I see a lawyer from the NSD’s Counterterrorism Section in my courtroom.”
Gonzalez rose to address the court. “This case presents special circumstances, Your Honor.”
“ ‘Special circumstances’? ” said Neil, rising. “Gee, and I thought ‘enhanced interrogation’ was the government’s only euphemism for ‘torture.’ ”
Beneath the table, Jack ground his heel into his partner’s big toe, and Neil struggled not to yelp. Gonzalez had been a consummate professional at the habeas proceeding in Washington, and Jack shot his cocounsel a look that said, Tone it down.
“Neil Goderich of the Freedom Institute on behalf of the defendant,” he announced. “With me is Jack Swyteck, who has yet to decide if he has the set of you-know-what to take this case to trial, but he has agreed to assist me at this emergency hearing.”
Not sure what to do with Neil’s remark, the judge simply cleared his throat and moved on.
“I have before me the government’s emergency motion to prevent the defense from pursuing a frivolous alibi—specifically the defendant’s claim that at the time of the commission of the crime, he was held by the U.S. government in a secret interrogation site in the Czech Republic prior to his transfer to Guantánamo Bay, Cuba.”
Neil rose, eager to speak, even if he was out of turn. “Before we proceed, I have to say that this motion seems highly premature. We have not even informed the government that my client intends to pursue an alibi defense, and under the rules we are not required to do so until ten days before trial.”
“Does that mean you’re not going to assert an alibi defense?” asked the judge.
“They most definitely will,” said the prosecutor.
Neil smiled thinly, as if the prosecution had stepped into his trap. “I’m not sure how the government would know that, since Mr. Wakefield has never before stated publicly that he was detained in the Czech Republic. Unless, of course, the government knows from its own records that my client was, in fact, held at such a site.”
“We know because the defendant called the victim’s father from jail last night and told him,” said the prosecutor. “Mr. Wakefield dated McKenna Mays, and now that he has been indicted, it has apparently become important for him to convince Mr. Mays of his innocence.”
That took the wind out of Neil’s sails, and Jack felt his pain. A client who did something stupid from jail and then neglected to tell his lawyer about it was routine at the institute.
The judge said, “Given the national security issues raised by the alibi defense, I don’t see the motion as premature. Ms. Gonzalez, proceed.”
The Justice Department lawyer went to the lectern. It was almost taller than she was, and rather than disappear behind it, she stepped to one side to address the court.
“Judge, as anyone who reads the newspapers knows, the United States has acknowledged the existence of a limited number of so-called black sites—facilities at which enemy combatants were detained and interrogated prior to, or in lieu of, their transfer to Gitmo. As early as 2005, reports circulated about such sites in Afghanistan and at other locations in the Middle East. Later, however, unfounded rumors emerged about a possible site in an Eastern European country—perhaps in Poland, Romania, or the Czech Republic.
“Here, Mr. Wakefield claims that he was held in a secret facility in Prague. It is important for this court to understand that no one has ever produced a shred of evidence that a black site existed in the Czech Republic. The United States denies it. The Czech Republic has asserted that such reports are libelous.
“The Department of Justice has asked the state of Florida to file this motion because we anticipate that Mr. Wakefield’s attorneys will subpoena intelligence
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