Eric Seitz, Watada's civilian counsel, and Capt. Mark Kim, Watada's military lawyer, raised the issue of the legality of the war.

If defendants in a military tribunal decide to have civilian counsel in addition to the military lawyers assigned to them, American taxpayers might pay the legal bills.

In World War II he served as a naval officer and then as a civilian counsel in the Navy Department.

"In view of the extraordinary restrictions on counsel, however, with considerable regret, we cannot advise any of our members to act as civilian counsel at Guantánamo," he wrote.

She said the organization has particular concerns about defendants' access to civilian counsel beyond the military lawyers who would be provided to them.

Again, the accused can also be represented by civilian counsel, but at his or her own expense.

Every defendant in a court-martial has a right to civilian counsel.

Secretary of Defense Donald H. Rumsfeld said that he had ordered the Pentagon's civilian general counsel, William J. Haynes 2nd, to begin drafting the procedures.

Macdonald could not represent the prisoners, as they were tried by court martial and civilian counsel had no standing.

A servicemember whose case is eligible for review is entitled to free representation by government-furnished counsel, and also may be represented by civilian counsel provided at the servicemember's own expense.