Zealous Lawyering Succeeds Against All Odds: Major Mori and the Legal Team for David Hicks at Guantánamo Bay

Abstract:     
Beginning in 2002, when the first detainees were sent to Guantanamo Bay, civilian and military lawyers worked diligently to secure access to those detainees and to provide them with meaningful and zealous representation. It was several years before the first detainee obtained a hearing. That detainee, David Hicks, was an Australian represented by military lawyer, Major Michael (Dan) Mori, other military lawyers, and civilian lawyers. This essay describes the legal, political and media strategy of the Hicks legal team in a highly publicized case that raised profound ethical challenges to the lawyers’ ability to be zealous advocates. In a system consistently described as fundamentally flawed, the Hicks team’s creative strategy resulted in a plea bargain that permitted Hicks to return to his homeland within months. Mori, who received accolades and awards for his representation, highlighted the critical role that military lawyers assumed at Guantanamo.

Number of Pages in PDF File: 29

Keywords: Guantanamo, legal ethics, zealous advocacy, detainees, war on terror, military lawyer, conflicts

Accepted Paper Series