User:Geo Swan/Guantanamo/ready/Joshua L. Dratel

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Joshua L. Dratel (b. (1957-03-02)March 2, 1957) is an American attorney.[1][2] He is the co-editor of The Torture Papers: The Road to Abu Ghraib and The Enemy Combatant Papers: American Justice, the Courts, and the War on Terror.[3][4][5]

Education

Dratel graduated from Columbia University, with a Bachelor of Arts in 1978.[6] Dratel got his law degree from Harvard University in 1981. He was admitted to the New York Bar in 1982.

Legal career

Dratel's practice focuses on Criminal law, Litigation, and Estate planning.[6]

Dratel has been elected to serve as an official in the National Association of Criminal Defense Lawyers.[7][8][9][10][11] In 2002 Dratel filed a brief opposing the US Patriot Act, on behalf of the National Association of Criminal Defense Lawyers.

Dratel defended Wadih El-Hage

Dratel defended Wadih El-Hage against charges he played a role in US embassy bombings.[12][13][14][15]

On September 20, 2009, Dratel and a colleague Sam A. Schmidt filed a ten page letter that the New York Times described as alleging prosecutorial misconduct during his Grand Jury -- "employing a pattern of coercion and intimidation" against witnesses.[12] The New York Times reported that the letter was sent to Justice Barrington D. Parker Jr. on September 13, 2000. The letter and its contents were supposed to be withheld from the public record, but the New York Times reported someone other than El-Hage's lawyers had leaked a copy to them.

Dratel defended Lynne Stewart

Lynne Stewart, another New York City, had served as an attorney for "blind sheikh" Omar Abdel Rahman, who was convicted of a role in the 1993 World Trade Center bombing.[10][16][17] The Sheikh was alleged to have made statements that were the inspiration for the 1993 and other attacks. In 2003 Stewart was charged with smuggling out messages to the Sheikh followers. The New York Times quoted Dratel's reaction to a dispute between the Dean of the law school at the City University of New York. The students wanted to choose Stewart as the receipient of an annual award. Their Dean had stepped in, and said he had the authority to over-rule their choice.

Dratel told the New York Times:

It's sort of a bad lesson for the students. We teach students about the presumption of innocence, and yet the school does not appear to be implementing that.

By 2005, when Stewart's case came to court Dratel had agreed to represent her.[16][17][18][19] After her conviction, and before her sentencing, a prospective candidate for juror, and one of the individuals chosen as a juror, approached Dratel and Jill Shellow-Lavine, another of Stewart's lawyers, with accounts of irregularities. When Dratel and another lawyer informed John G. Koetl of these accounts of irregularities Prosecutor Anthony Barkow reminded the judge that the juror's identities were supposed to be protected, even from the Defense. Koetl described Dratel's contact with the jurors as "misconduct". Dratel and Shellow-Lavine acknowledged that their post-trial contact with the jurors was a "regrettable error".

According to the New York Times Dratel had "...filed motions to compel the government to disclose whether the National Security Agency recorded her or her lawyers by wiretapping without warrants."[16][17]

When Stewart was convicted she lost her liscense to practice law, and was sentenced to 28 months imprisonment.[20] Dratel noted that if her conviction were reversed her liscense to practice law would be re-instated. Dratel continued to serve as Stewart's attorney, in 2008, when Prosecutor Anthony Barkow appealed the sentence imposed by the initial judge John Koetl as too lenient.[21][22] Citing Brandenburg v. Ohio Dratel argued that Stewart's speech was protected by the first amendment right to free speech.[23]

Lawyer for Guantanamo captive David Hicks

March 26 2007 was going to be the first day of Hicks Guantanamo military commission.[1] There was a dispute over whether Hicks would be allowed the assistance of his civilian lawyers. The Commissions President refused to allow Hicks the assistance of Dratel and another lawyer.

Major Michael Mori, Hick's remaining lawyer, asked for a recess. When the Commission reconvened Hicks pled guilty.[24]

On April 12, 2007 Dratel published an article in The Jurist explaining why he was denied permission to attend Hicks Commission. In order to appear before the Commission Dratel was supposed to sign a "Notice of Appearance". The Notice of Appearance stated that he would comply with all the Commissions rules. However, the problem Dratel had with signing the Notice was that the rules he would have been signing that he would comply with had not been completed.

Dratel said that the Military Commissions Act specified that it was the responsibility of the Secretaty of Defense to prepare both the rules under which the Commissions would operate, and the Notice of Appearance form. Dratel wrote that the Secretary of Defense had not prepared either the rules, or the Notice of Appearance form.

According to Dratel the Notice of Appearance form he was being asked to sign was an ad hoc form, prepared by the hearings President — something he lacked the authority to do.

Dratel explained that he was not being pedantic in his refusal. He had been asked to sign a different Notice of Appearance. That Notice of Appearance form was later to The National Association of Criminal Defense Lawyers issued an ethics opinion that the earlier Notice of Appearance contained provisions that were unacceptable, including:

  • Defense counsel were to agree to monitoring of all their conversations with their clients.
  • Defense counsel were to agree not to request any adjournments.
  • Defense counsel were to agree that they could only prepare their defense at Guantanamo.

Quoted in the Press

Several newspapers have chosen to quote Dratel's comments on the appointment of officials, or on high-profile cases he was unconnected to, in his fields of expertise.

In January and August 2005 the Los Angeles Times chose to quote Dratel's opinion of the appointment of Michael Chertoff as Director of the Department of Homeland Security.[25] In January they described Dratel as "a New York defense lawyer who has represented a number of people targeted by the administration in terrorism cases." In January Dratel commenting on Fitzgerald, said: "Among the potential choices, I think he is better than a politician, better than someone without experience in law enforcement, and better than a police officer. He has a broad range of experience, and he is capable of an intellectual approach to problems."

In August 2005 the Los Angeles Times chose to quote Dratel's opinion of Patrick Fitzgerald, who he knew from defending Walid El-Hage in 2001, when Fitzgerald prosecuted him.[26] He called Fitzgerald: "an aggressive prosecutor," who, when "he feels someone is lying to him, he takes it personally."

In October 2005 when Time magazine chose to quote Dratel about the appointment of Patrick Fitzgerald to investigate the Plame/Wilson affair they noted that "he had defended a man prosecuted by Fitzgerald in a 2001 terrorism case."[27] According to Time Dratel said Fitzgerald: "comes off as sincere because he is. He very much believes in what he is doing."

In June 2003 Linda Greenhouse, writing in the New York Times, chose to quote Dratel's reaction to a Supreme Court ruling on whether suspects can be forced to consume sedatives and other psychoactive drugs during their trials.[28] Greenhouse's article directly quoted Dratel, saying: "It is widely underappreciated that the defendant has a right to be functional at his trial." According to Greenhouse's paraphrase, Dratel said: that medications that interfere with alertness or that cause headaches, rashes, or other distracting problems can compromise the ability of defendants, even those who are technically competent to stand trial, to help their lawyers and to make a favorable impression before the jury.

In December 2003 the San Francisco Chronicle chose to quote Dratel on new relaxed FBI rules on warrants and witetaps[29] The San Francisco Chronicle described Dratel as "a New York lawyer who has filed legal briefs opposing government anti-terrorism policies."

"By eliminating any distinction between criminal and intelligence classifications, it reduces the respect for the ordinary constitutional protections that people have. It will result in a funneling of all cases into an intelligence mode. It's an end run around the Fourth Amendment."

In February 20, 2009, Newsday quoted his opinion on "honest services fraud", characterizing him as a "Seasoned New York City attorney".[30] According to Newsday Dratel called charges of "honest services fraud" as: "part of an overcriminalization arsenal that federal prosecutors have."

References

  1. ^ a b Joshua L. Dratel (April 10, 2007). "Why I was barred from David Hicks' military commission trial". The Jurist. Retrieved 2007-04-12. {{cite news}}: Check date values in: |date= (help) Cite error: The named reference "TheJurist20070412" was defined multiple times with different content (see the help page).
  2. ^ "Joshua L. Dratel". American Civil Liberties Union. Retrieved 2009-03-21.
  3. ^ Joshua L. Dratel (2005-02-01). "A Legal Narrative: The Torture Memos". Counterpunch. Retrieved 2009-03-11.
  4. ^ Karen J. Greenberg, Joshua L. Dratel, ed. (2005-02-15). "The Torture Papers". Washington Post. Retrieved 2009-03-11.
  5. ^ "'The Torture Papers' Detail U.S. Detainee Policies". National Public Radio. 2005-01-25. Retrieved 2009-02-11.
  6. ^ a b "Joshua L. Dratel". Retrieved April 12, 2007.
  7. ^ Dan Eggen (2002-11-19). "Broad U.S. Wiretap Powers Upheld: Secret Court Lifts Bar on Terror Suspect Surveillance". Washington Post. Retrieved 2009-03-18. Having found out that the fox has eaten half the chickens, the court has decided the fox should have more authority over the chicken coop with virtually no oversight," said Joshua L. Dratel, who argued against Ashcroft in a brief filed by the National Association of Criminal Defense Lawyers. "When you start expanding authority like this to where there's no standards, all you increase are the number of innocent people who are surveilled unnecessarily.
  8. ^ Bob Egelko (2002-11-19). "Expanded wiretaps OKd: Review court frees prosecutors, agents to mesh anti-terror actions". San Francisco Chronicle. Retrieved 2009-03-18. The ruling "rolled back 25 years of precedent as to the proper boundaries between criminal investigation and foreign intelligence surveillance," said Joshua Dratel, who worked on written arguments in the case for the National Association of Criminal Defense Lawyers.
  9. ^ Lyle Denniston (2002-11-20). "Secret court gives government snoopers green light to go down to the wire". Sydney Morning Herald. Retrieved 2009-03-18.
  10. ^ a b Robert F. Worth (2003-04-26). "Dean Says, 'I Object,' to CUNY Law Students". New York Times. Retrieved 2009-03-18. It's sort of a bad lesson for the students," said Joshua L. Dratel, the vice president of the New York State Association of Criminal Defense Lawyers, who has worked on terrorism cases. "We teach students about the presumption of innocence, and yet the school does not appear to be implementing that.
  11. ^ Jack King (2006-10-16). "Lynne Stewart Defended the Constitution". National Association of Criminal Defense Lawyers. Retrieved 2009-03-20. ...and NACDL Amicus Curiae Committee Co-Chair Joshua Dratel.
  12. ^ a b Benjamin Weiser (2000-09-26). "Lawyers Allege Coercion of Witnesses in Terrorism Case". New York Times. Retrieved 2009-03-21.
  13. ^ Alan Feuer (2001-02-15). "Bin Laden Pilot Says He Helped Buy Jet to Ship Missiles". New York Times. Retrieved 2009-03-18. During cross-examination, Joshua L. Dratel, one of Mr. El-Hage's lawyers, got Mr. Juma to admit that he had told federal agents investigating the case that his own brother, Sikander, had signed the lease for an apartment at 43 New Runda Estates in Nairobi where, prosecutors say, the bomb eventually used against the embassy in Kenya was built.
  14. ^ William K. Rashbaum, Benjamin Weiser (2001-12-27). "A nation challenged: Al Qaeda's fleet; A Tramp Freighter's Money Trail to bin Laden". New York Times. Retrieved 2009-03-21. At the trial, Mr. El-Hage's lawyers, Sam A. Schmidt and Joshua L. Dratel, contended that Mr. El-Hage worked for Mr. bin Laden's legitimate businesses and had nothing to do with terrorism. Although Mr. Schmidt said this month that he was unaware of the ship deal, he said the purchase of a ship to move products from Sudan would have been 'absolutely consistent with his role in the Laden enterprises.'
  15. ^ Robert Weldon (May 2002). "Tanzanite Sleuth". Professional Jeweler. Retrieved 2009-03-21.
  16. ^ a b c Julia Preston (2006-09-29). "Lawyer in Terror Case Apologizes for Violating Special Prison Rules". New York Times. Retrieved 2009-03-18.
  17. ^ a b c Julia Preston (2006-10-17). "Lawyer, Facing 30 Years, Gets 28 Months, to Dismay of U.S." New York Times. Retrieved 2009-03-18. One of Ms. Stewart's lawyers, Joshua L. Dratel, said the judge did not need to impose a severe sentence because "the message has been sent loud and clear" that Ms. Stewart committed serious mistakes and lapses of judgment in representing the sheik, as she acknowledged in recent weeks.
  18. ^ Julia Preston (2005-08-13). "New Trial Sought for Lawyer in Terror Case". New York Times. Retrieved 2009-03-20.
  19. ^ Julia Preston (2005-10-26). "Lawyer in Terror Case Is Denied a New Trial". New York Times. Retrieved 2009-03-20.
  20. ^ Samuel Maull (2007-04-25). "Civil Rights Lawyer Lynne Stewart Is Disbarred for Conviction in Terror Aid Case". Law.com. Retrieved 2009-03-20.
  21. ^ Joseph Goldstein (2008-01-30). "Judge 'Thinking Very Hard' About Lynne Stewart Case". New York Sun. Retrieved 2009-03-20.
  22. ^ Thomas Zambito (2008-01-30). "Judge's light term for terror lawyer Lynne Stewart ripped". New York Daily News. Retrieved 2009-03-20.
  23. ^ Mark Hamblett (2008-01-30). "2nd Circuit Considers Intent, Knowledge in Lynne Stewart Case". Law.com. Retrieved 2009-03-20.
  24. ^ Mark Coultan (2007-03-27). "Hicks pleads guilty". Sydney Morning Herald. Retrieved 2007-04-12.
  25. ^ Richard B. Schmitt (2005-01-12). "Bush's New Nominee Is a Surprise". Los Angeles Times. Retrieved 2009-03-21. Among the potential choices, I think he is better than a politician, better than someone without experience in law enforcement, and better than a police officer."," said Joshua L. Dratel, a New York defense lawyer who has represented a number of people targeted by the administration in terrorism cases. "He has a broad range of experience, and he is capable of an intellectual approach to problems.
  26. ^ Richard B. Schmitt (2005-08-15). "Standing on the Shoulders of Perjury Law". Los Angeles Times. p. A-1. Retrieved 2009-03-21. He is an aggressive prosecutor," said Joshua Dratel, a New York lawyer who represented El-Hage. "If he feels someone is lying to him, he takes it personally.
  27. ^ Viveca Novak (2005-10-30). "Mr. Fitzgerald Goes To Washington". Time magazine. Retrieved 2009-02-11.
  28. ^ Linda Greenhouse (2003-06-17). "Justices restrict forced medication preceding a trial". New York Times. Retrieved 2009-03-18.
  29. ^ Dan Eggen (2003-12-13). "New rules make FBI spy agency Criminal, intelligence agents work side by side in terror cases". San Francisco Chronicle. Retrieved 2009-03-18.
  30. ^ Dan Janison (2009-02-20). "Janison: Statute's elasticity sparks debate". Newsday. Retrieved 2009-03-18. For prosecutors, some experts say, "honest services fraud" can be as handy a tool as the very flexible charge of obstruction may be for a police officer. Seasoned New York City attorney Joshua Dratel calls it "part of an overcriminalization arsenal that federal prosecutors have."
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