Judge Refuses To Set Guidelines In Guantanamo Suicide Cases

A federal judge in Washington refused yesterday to set guidelines for the Navy's effort to use attorney-client correspondence to investigate the suicides in June of three prisoners at Guantanamo Bay.

Judge Richard Leon said he had no clear jurisdiction over the question because the critical issues in Guantanamo-related cases are pending at a federal appeals court in Washington.

Navy investigators want to examine documents found in the cells of Guantanamo prisoners, but some papers and envelopes related to the suicides are marked as privileged attorney-client communications. Military officials have claimed prisoners used legal papers and envelopes to communicate with each other about planned disruptions.

The Justice Department asked Judge Leon to approve procedures under which a so-called taint team would review the materials and segregate portions that involve legitimate legal communications.

Lawyers for the prisoners asked to block the review or have a chance to make arguments about what should be privileged.

Judge Leon said government officials could proceed as they wished, but do so "at their own legal peril" if the procedures later are deemed to violate the prisoners' rights to counsel. At a recent hearing, the judge warned government lawyers, "You are creating a situation that's probably going to be the subject of more and more litigation in the months and years to come."