September 10, 2009 1:34 PM

Feds Disavow Gitmo Lawyer Boycott Remarks

(CBS/AP)  The Pentagon on Saturday disavowed a senior official's remarks suggesting companies boycott law firms that represent detainees at the U.S. military prison at Guantanamo Bay, Cuba.

Charles "Cully" Stimson, the deputy assistant secretary of defense for detainee affairs, said in a radio interview last week that companies might want to consider taking their business to other firms that do not represent suspected terrorists.

Stimson's remarks were viewed by legal experts and advocacy groups as an attempt to intimidate law firms that provide legal help to all people, even unpopular defendants.

A Pentagon spokesman, Lt. Col. Brian Maka, said Stimson was not speaking for the Bush administration.

Stimson's comments "do not represent the views of the Department of Defense or the thinking of its leadership," Maka told The Associated Press on Saturday.

Lawyers were quick to rebuke Stimson for his comments, reports CBS News correspondent Joie Chen.

"Because they're losing they now have no other choice except to attack the lawyers, and that's what they're doing," says Michael Ratner who coordinates detainee's legal representation at the Center for Constitutional Rights. "I'm shocked. The lawyers who are doing the representation should be shocked. The American people should be shocked."

Stimson's "shameful and irresponsible" remarks deserve condemnation, said Neal Sonnett, a Miami lawyer and president of the American Judicature Society, a nonpartisan group of judges, lawyers and others.

Sonnett said in a statement that Stimson had made a "blatant attempt to intimidate lawyers and their firms who are rendering important public service in upholding the rule of law and our democratic ideals."

And most legal analysts say lawyers are duty-bound to defend even those accused of the most heinous crimes, reports Chen.

For a government attorney to call out these private attorneys and say that somehow they're tied up with terrorists or that somehow they don't have good motives is outrageous," says CBS News legal analyst Andrew Cohen.

Stimson on Thursday told Federal News Radio, a local commercial station that covers the government, that he found it "shocking" that lawyers at many of the United States' top law firms represent detainees.

Stimson listed the names of more than a dozen major firms he suggested should be boycotted.

"And I think, quite honestly, when corporate CEOs see that those firms are representing the very terrorists who hit their bottom line back in 2001, those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms," Stimson said.

Asked who might be paying the law firms to represent Guantanamo detainees, Stimson hinted at wrongdoing for which some explaining should be done.

"It's not clear, is it? Some will maintain that they're doing it out of the goodness of their heart — that they're doing it pro bono, and I suspect they are," he said. "Others are receiving monies from who knows where and I'd be curious to have them explain that."

Stimson also described Guantanamo as "certainly, probably the most transparent and open location in the world" because of visits from more than 2,000 journalists since it opened five years ago.

He discounted international outrage over the detention center as "small little protests around the world" that were "drummed up by Amnesty International" and inflated in importance by liberal news media outlets.

FBI agents have documented more than two dozen incidents of possible mistreatment at the Guantanamo. In one, a detainee's head was wrapped in duct tape because he chanted the Quran; in a second, a detainee pulled out his hair after hours in a sweltering room.

In a December court ruling, a federal judge in Washington decried the plight of "some of the unfortunate petitioners who have been detained for many years in the terrible conditions at Guantanamo Bay."

The judge criticized a system in which dozens have been held without charges and cut off from the world for lack of English or knowledge about the law, leaving them no choice but to turn to a fellow prisoner with outside connections for legal help.

Since the detention center opened, the U.S. military has transferred or released about 380 detainees. Some 395 remain locked up in the prison.

© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 44 Comments
by energyecon January 16, 2007 10:47 AM EST
Stimson, like other Bush regime members will be moving back to a cushy private sector position after the 2008 elections if not before... tracking his whereabouts and promoting a netroots boycott of wherever he lands might be a worthy obsession for some latter day Don Quixote.

"Sancho, my armor!"
Reply to this comment
by randalds January 14, 2007 11:32 PM EST
Are you kidding?! AG Gonzalez will give this guy a promotion! He is real "Bush Doctrine"/Patriot Act material.

Posted by JohnShaft4 at 07:04 PM : Jan 14, 2007

Looks like Bush has found his next Supreme Court nominee.
Reply to this comment
by johnshaft4 January 14, 2007 10:04 PM EST
Drudge2-

Are you kidding?! AG Gonzalez will give this guy a promotion! He is real "Bush Doctrine"/Patriot Act material.
Reply to this comment
by drudge2 January 14, 2007 8:04 PM EST
Does this guy still have a job? Surely this will get his license to practice law jerked way from this jerk.
Reply to this comment
by bvckvs-2009 January 14, 2007 6:09 PM EST
Since Bush is a named defendant in many of the cases, it's no surprise that his spokesman would take such a vicious and unethical stand against the people brave enough to stand up for our system of justice.
Reply to this comment
by exusmcsgt January 14, 2007 5:04 PM EST
Make that "whether they respect it".
Reply to this comment
by exusmcsgt January 14, 2007 5:04 PM EST
webdepot-

I believe that Bubba, et. al. know what the constitution is - where they respect it is another matter.

After all, Bubba described it as just a "G o d d a m n e d piece of paper".

This from a man who swore twice in public to uphold it. Says quite a bit, in my opinion.
Reply to this comment
by exusmcsgt January 14, 2007 5:00 PM EST
webdepot-

Not being an attorney myself, I can not judge the legals merits of a defamation suit. But I certainly consider his comments to be defamatory.
Reply to this comment
by webdepot January 14, 2007 5:00 PM EST
A new article recently posted by CBS news references Cheney's defense of warrantless seizures of banking records as being necessary..

These NeoCons do not have the slightest idea what the Constitution and this country are all about.. all they know is the almighty buck..
Reply to this comment
by webdepot January 14, 2007 4:53 PM EST
"Slander and defamation suits might be more applicable."

Posted by exusmcsgt at 11:28 AM : Jan 14, 2007

If everything Stimson said was included in this article, I don't really see anything that could be interpreted as slander or defamation.
There is not doubt, however, he is trying to coerce and strong arm these law firms into not participating by threatening their income..

What is reported is what was said... what we don't know is what is happening behind the scenes.. I wouldn't be a bit surprised if some of these law firm's clients did not receive a friendly letter suggesting that unless they are prepared to have the IRS spend the next 24 months going over every aspect of their business, they may want to reconsider who they do business with.

Reply to this comment
See all 44 Comments
.
Scroll Left
Scroll Right More »
CBS News on Facebook