The ongoing release of another large collection of classified documents by WikiLeaks concerning Guatanamo detainees creates a new set of challenges and opportunities for the detainees’ attorneys. But the government says the attorneys cannot discuss those matters in the public domain, even though anyone else can.
Attorney David Remes petitioned a court yesterday to release him from all such restrictions regarding publicly available WikiLeaks documents. His petition (pdf) was posted by Ben Wittes of Lawfare blog.
The petition argues that not only are continuing controls on publicly available information futile, they are unjust. That is, they inhibit the attorney’s ability to act in the best interests of his clients by correcting errors or identifying exculpatory factors.
A response by the government will follow.