After sharing the call to action with fellow West Pointers, one who is also an attorney asked the following questions.
Ian, that was an eloquent argument. I have a couple of questions. If, by law, Chaplain Yee is entitled to defense counsel, how is he managing to run up additional attorney fees of over $100,000? Doesn't our system of justice provide justice without additional out-of-pocket expense?
We all seek justice and fair play. However, is the system so broken that we must tinker with defense costs in each case on a case-by-case basis? Or does every defendant just want the Johnny Cochran advantage?
May the innocent always be acquitted! Thanks.
My answer:
That is a very good question. As most of us likely did, I had my own thoughts on the issue. Instead of speculating however I asked Chaplain Yee directly.
Firstly, his own defense counsel directed him to hire civilian counsel in this case as they indicated that their level of expertise was insufficient for a case of this seriousness, complexity and prominence. BTW, the attorney that they hired, Eugene R. Fidell, is president of the National Institute of Military Justice. He is also a partner and head of the Military Practice Group at the Washington, DC firm of Feldesman Tucker Leifer Fidell LLP. Lieutenant Commander, U.S. Coast Guard Reserve (Ret).
Secondly, the chain of command for the defense attorneys is supposed to be completely separate and autonomous from that of the prosecution. Events took place that clearly demonstrated that this was not the case at all as Chaplain Yee's attorneys were under undue influence from their superiors that was resulting in a compromise of their ability to mount a fully vigorous defense on his behalf.
Chaplain Yee is doling everything that he can to be as cost conscious as possible, using his military lawyers in all applicable situations and then only using his civilian attorney when necessary.
So that's a long answer to a short question: No. Our system of [Military] justice does not provide sufficient justice without additional out of pocket expense. Additionally when you are under investigation for espionage for which the punishment is death, the difference between the best possible defense and a good defense could be the difference between life and death.
Now in the civilian world I'll let the rest of you debate the same question.
Amen to your last statement.
Peace,
Ian