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There is no limit on the number of times lawyers can visit their clients. Some say that they have been to Guantánamo 10 or more times and that they have needed the time to work with clients who are often suspicious and withdrawn.
Justice Department officials would not comment on the proposal, which is scheduled to be the subject of a court hearing on May 15.
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The filing used combative language, saying lawyers had been able to "cause unrest on the base" and mentioned hunger strikes, protests and disobedience. An affidavit by a Navy lawyer at Guantánamo, Cmdr. Patrick M. McCarthy, that accompanied the filing, said lawyers had gathered information from the detainees for news organizations. Commander McCarthy also said the lawyers had provided detainees with accounts of events outside Guantánamo, like a speech at an Amnesty International conference and details of terrorist attacks.
"Such information," his affidavit said, "threatens the security of the camp, as it could incite violence among the detainees."
Several detainees' lawyers involved in some of the incidents denied that they had caused security problems. Neil H. Koslowe, a lawyer at Shearman & Sterling in Washington, called the assertion a "McCarthy-era charge" that was not supported by the evidence.
The dispute over the lawyers' role is one of the first issues the appeals court in Washington will have to decide as it opens a new chapter of the legal battle over Guantánamo. In 2005, Congress designated that court as the forum for detainees to challenge directly decisions made by the Pentagon's combatant status review tribunals designating them as enemy combatants.
But many detainees' lawyers have resisted filing petitions to review those decisions because Congress narrowly defined the arguments the appeals court could consider. The law said the court could review whether a panel's decision "was consistent with the standards and procedures" set forth by the Pentagon.
Instead, many detainees' lawyers pursued habeas corpus petitions, using the centuries-old legal proceeding to ask a judge for release from imprisonment. But after a complex trip through the courts, Congress last year passed a provision intended to strip courts of the authority to hear habeas corpus cases involving Guantánamo detainees.
A divided panel of the federal appeals court in Washington upheld that provision in February. And early this month, the United States Supreme Court declined to review that decision. Two justices, John Paul Stevens and Anthony M. Kennedy, said that before the Supreme Court could again consider whether Congress was permitted to strip the courts of the ability to consider the habeas corpus cases, the detainees had to try to complete the appeals court review of their enemy combatant decisions.
As a result, much of the focus in the legal battle is now shifting to the appeals court. Scores of petitions seeking review of the combatant-status rulings are expected to be filed in the coming weeks, according to the Center for Constitutional Rights, an advocacy group that has been coordinating the detainees' lawyers. The May 15 arguments will focus on rules that could apply to all of those cases.
Lawyers say they are pressing ahead with the more limited review process in the appeals court as part of an effort to set the stage for a return to the Supreme Court. Some lawyers said that while they may lose, that would allow them to argue to the Supreme Court that the reviews were so limited that the detainees needed the more sweeping consideration permitted in habeas corpus cases.
But government lawyers, too, are developing new strategies in the wake of the Supreme Court action this month. They say that Congress and the courts have determined that expansive habeas corpus petitions are not available to the detainees.
As a result, they say, rules like those that allowed unlimited visits with detainees are no longer necessary as the detainees pursue the more limited appeals court review.
But, while arguing that detainees have no right to lawyers, the Justice Department filing said the government was giving the Guantánamo detainees enough access to lawyers so that "the court's review will be assisted by having informed counsel."
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