Joshua L. Dratel

Joshua L. Dratel (born March 2 1957) is an American attorney.

Education and Practice

Dratel graduated from Columbia University, with a Bachelor of Arts in 1978.cite web
url=http://www.nycriminallawfirm.com/jsp2240323.jsp
title=Joshua L. Dratel
accessdate=April 12
accessyear=2007] Dratel got his law degree from Harvard University in 1981.He was admitted to the New York Bar in 1982.

Dratel's practice focuses on Criminal law, Litigation, and Estate planning.

Lawyer for Guantanamo captive David Hicks

Dratel is most notable for serving as an attorney for Guantanamo captive David Hicks.cite news
url=http://jurist.law.pitt.edu/hotline/2007/04/why-i-was-barred-from-david-hicks.php
date= April 10, 2007
publisher=The Jurist
title=Why I was barred from David Hicks' military commission trial
author=Joshua L. Dratel
accessdate=2007-04-12]

March 26 2007 was going to be the first day of Hicks Guantanamo military commission.cite news
url=http://jurist.law.pitt.edu/paperchase/2007/03/hicks-pleads-guilty-to-supporting.php
date= March 26, 2007
title=Hicks pleads guilty to supporting terrorism after two lawyers disqualified
author=Mike Rosen-Molina
publisher=The Jurist
accessdate=2007-04-12] There was a dispute over whether Hicks would be allowed the assistance of his civilian lawyers.The Commissions President refused to allow Hicks the assistance of Dratel and another lawyer.

Major Michael Mori, Hick's remaining lawyer, asked for a recess. When the Commission reconvened Hicks pled guilty.cite news
url=http://www.smh.com.au/news/world/hicks-pleads-guilty/2007/03/27/1174761419519.html
author=Mark Coultan
title=Hicks pleads guilty
date=March 27, 2007
accessdate=2007-04-12]

On April 12 2007 Dratel published an article in The Jurist explaining why he was denied permission to attend Hicks Commission.In order to appear before the Commission Dratel was supposed to sign a "Notice of Appearance". The Notice of Appearance stated that he would comply with all the Commissions rules. However, the problem Dratel had with signing the Notice was that the rules he would have been signing that he would comply with had not been completed.

Dratel said that the Military Commissions Act specified that it was the responsibility of the Secretaty of Defense to prepare both the rules under which the Commissions would operate, and the Notice of Appearance form. Dratel wrote that the Secretary of Defense had not prepared either the rules, or the Notice of Appearance form.

According to Dratel the Notice of Appearance form he was being asked to sign was an ad hoc form, prepared by the hearings President — something he lacked the authority to do.

Dratel explained that he was not being pedantic in his refusal. He had been asked to sign a different Notice of Appearance. That Notice of Appearance form was later to The National Associate of Criminal Defense Lawyers issued an ethics opinion that the earlier Notice of Appearance contained provisions that were unacceptable, including:
*Defense counsel were to agree to monitoring of all their conversations with their clients.
*Defense counsel were to agree not to request any adjournments.
*Defense counsel were to agree that they could only prepare their defense at Guantanamo.

References