Mr. Ghailani's appointed counsel could not care less about his mental state. They merely want to keep him from announcing that he wants to remove them as his defense team. Furthermore, should Mr. Ghailani be successful in his efforts to announce his desire to remove his attorneys, appointed counsel want the effect of that announcement to be negated by a finding that he is unfit to proceed. Appointed counsels' efforts to have Mr. Ghailani declared unfit result from their efforts to protect themselves, not him.
I do not know anything about the letter you reference, even to the extent that I was unaware of it until you mentioned it.
I strongly suggest that you contact Peter Quijano, Greg Cooper, and Michael Bachrach, and ask them whether Mr. Ghailani is attempting to terminate their involvement in his case and whether his efforts to do so led to their "competency" concerns.
TP: I called Mr. Quijano, and asked him if Mr. Ghailani was attempting to remove him as counsel. He stated that he had no comment, then hung up on me. Can you tell us anything about Peter Quijano, Greg Cooper, and Michael Bachrach?
SF: I do not know any of these three men personally, although I am acquainted with Peter Quijano. Mr. Quijano is a somewhat flamboyant attorney who is long on style and short on substance. The Southern District's CJA Panel selection committee has been aggressively attempting to diversify the Panel's membership, and Mr. Quijano is an example of their efforts. It does not surprise me that Mr. Quijano hung up on you when you asked whether Mr. Ghailani is trying to remove him as counsel. The answer is yes, and Mr. Quijano would not want to give that answer in a public forum.
Mr. Bachrach is a protege of the Southern District CJA Panel's power brokers. Although I know nothing about him, I am sure he was added to Mr. Ghailani's defense team to provide the demographic background I alluded to in one of my previous answers. He is a graduate of Cardozo Law School, which is a law school in New York with a student body consisting largely of Jewish students who did not perform well enough academically to be competitive to attend a more prestigious law school.
I know nothing of Greg Cooper, except what he looks like.
You should be aware that these men have been actively enlisted in the government's war on terror. As such, they may one day be treated like the soldiers that they are. While I will make a plea to those who may harm them to allow their behavior to be dealt in accordance with law, they are definitely in danger. Al Qaeda is well-aware of the identities and the activities of the defense attorneys who served in the 2001 Embassy bombing trial in New York. Similarly, it will be well-aware of the attorneys participating in the defense of the defendants in the upcoming terror trials in New York, including Messrs. Quijano, Bachrach and Cooper. Again, I urge those who would do them harm to allow their misconduct to handled in accordance with law. Unfortunately, I am not in control of what may ensue from the attorneys' illegal conduct.
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