United States of America v. Omar Ahmed Khadr (2007)/Motion to Waive Specific Requirements in Rule 8(A) for Foreign Attorneys



TO THE HONORABLE, THE JUDGES OF THE COURT OF MILITARY COMMISSION REVIEW

COMES NOW the Chief Defense Counsel, Office of Military Commissions, and respectfully requests that this Court waive Rule 8(a) with respect to Dennis Edney, Esq., and Nathan Whitling, Esq., whom appellee has moved be allowed to appear as counsel for appellee pro hac vice.

Rule 8(f) of the Rules of Practice of the Court of Military Commission Review, dated 27 June 2007, provides in part, "The Chief Defense Counsel may, by motion, ask the CMCR to waive specific requirements in Rule 8(a) for a foreign attorney lacking a security clearance, or being otherwise unqualified. Such waiver will not authorize access to classified information." I hereby make such a request in order to allow Mr. Edney and Mr. Whitling - who are not members of a U.S. bar and who are not U.S. citizens - to appear on behalf of appellee in association with appellee's detailed appellate defense counsel, LCDR William C. Kuebla, JAGC, USN, if this Court grants appellee's motion to allow them to appear pro hac vice. Both Mr. Edney and Mr. Whitling have NATO security clearances at the secret level.