"Congress clearly has the power," he said, "to prevent defendants from using the illegal proceeds of narcotics trafficking for any purpose, including attorneys' fees."
The attorneys also argued that such contempt convictions would prevent future defendants from obtaining counsel, because attorneys would be afraid of judicial retaliation.
But he said the Iraqi court system needed safeguards to prevent innocent defendants from being sent to the gallows.
Restitution has frequently been ordered in terrorism cases, in part to prevent defendants from capitalizing on their notoriety.
That leaves open the question of whether Congress could prevent defendants from raising the same First Amendment defenses as now.
The law is designed to prevent defendants from using the threat of disclosing classified information to avoid prosecution.
That law was enacted in 1981 to prevent defendants in national security cases from using the threat of divulging secrets to force the government to drop its prosecution.
American states have developed rape-shield laws, which prevent defendants from using the past sexual history of the victim.
Strict liability laws can also prevent defendants from raising diminished mental capacity defenses, since intent does not need to be proven.
In addition, the judge said, the law prevents defendants convicted of capital crimes from confronting and cross-examining witnesses before they are sentenced to death.