In New York, rounding up “the usual suspects” in terrorism cases nowadays may well refer to the defense lawyers.
As Islamic terrorists from around the world are brought to Federal
District Court in Manhattan or Brooklyn to face prosecution, an
extraordinary outgrowth has been a deepening pool of lawyers qualified
to represent them. It is a peculiar niche of defense work, requiring
skills not always taught in law school.
These lawyers often must obtain government security clearances, and
become adept at navigating the laws involving classified information and
foreign intelligence searches. They often travel overseas to interview
witnesses and a client’s family members. “Not only do you have the
substantive law and the procedural law, but you have the whole cultural
orientation,” said Anthony L. Ricco, who has represented a series of
terrorism defendants over the past two decades.
These lawyers do not need to advertise in subways and buses; they are
typically appointed by judges from a group of seasoned lawyers who have
agreed to take on criminal assignments and in some cases have ended up
handling a variety of terrorism matters over the years. It was no
surprise then that last month, three new terrorism defendants who
appeared in the city’s federal courts within 11 days all received
lawyers who had extensive experience in handling such cases.
“By any metric you use,” said Ronald L. Kuby, the lawyer for a Queens
imam who became ensnared in the investigation of a subway bomb plot,
“New York is home of the terror bar.”
In Brooklyn, for example, to be prepared as new cases arrive, the
federal court recently finalized a “Terrorism Panel” of three dozen
lawyers specially recruited to handle such assignments.
Not every lawyer wants to handle terrorism defense — some declined to
join the Brooklyn terrorism panel, for example. But others said they
were drawn to such matters because they were so different from the
run-of-the-mill gun possession cases.
“Any criminal defense lawyer who enjoys the profession, who enjoys the
calling, will gravitate toward these kinds of cases simply because they
are the most challenging,” said David A. Ruhnke, an expert on the death
penalty who has represented several terrorism defendants.
The terrorism panel of 36 lawyers created by Brooklyn’s federal court is
in addition to a separate list of 46 lawyers for capital cases,
Magistrate Judge Cheryl L. Pollak, who made recruiting calls herself,
said recently.
Because of the complexity of such cases, these lawyers often rely on one another for advice.
Ms. Jestin was motivated to join Mr. Khan’s defense team, she said, by
public reports he had been tortured while in C.I.A. custody overseas and
by the general lack of judicial process afforded to Guantánamo
detainees.
“I think for me it’s having just a deep belief in the legitimacy of our
federal system and the rule of law,” she said. “His prior lack of
process — I find that so offensive as an American.”
http://www.nytimes.com/2012/11/26/nyregion/expertise-in-terror-law-is-a-growing-niche-in-new-york.html?smid=pl-share

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