A trial by court-martial of a Sailor or Marine under the UCMJ at Naval Station Guantanamo Bay can have high levels of scrutiny due to the constant media attention as a result of the high-level detainees who are held there. This scrutiny likely increases the number of investigations and potential trials by court-martial and making trials often especially unfair because of the media and higher command visibility, making an experienced civilian military defense lawyer the best option.
At the Guantanamo courtroom, the deck is stacked against the accused Sailor or Marine. If you are tried at Naval Station Guantanamo Bay your lawyers and paralegals will be outnumbered and the commanding admiral or general who sends the case against you to trial will personally pick the members of the jury. As if this isn’t enough, they won’t even have to reach an unanimous verdict to convict you (unlike civilian court). The prosecutors will have all the money for experts and investigators they want but your defense lawyer will have to give your case strategy in order to ask the prosecution to fund your own defense experts (and they can and usually do deny your experts anyway). The prosecutors will work hand in glove with NCIS to convict you, and NCIS will refuse to look at any evidence that may show your innocence. Sometimes the prosecutors will add on minor charges like being late to work (called a “Failure to Report” or FTR) just so the Navy or Marine Corps can say you were convicted, even if you are somehow acquitted on the serious accusations. The prosecutors at Guantanamo are personally trained by the expert civilian and military prosecutors at the Navy’s Trial Counsel Assistance Program (Code 20). Considering all of this, you will not receive a fair trial at Naval Station Guantanamo Bay. Your best chance is a very aggressive, experienced military defense lawyer who cares not about his or her career, but only about winning your case.
