TWO MILITARY LAWYERS defending Guantnamo Bay detainees have sought their own private lawyers in a looming ethical fight over the right of detainees to self-representation and to refuse appointed counsel.

“This is a ‘damned if I do, damned if I don’t’ situation,” said Major Tom Fleener, a defense lawyer in the U.S. Army Reserves Judge Advocate General’s Corps and one of a dozen lawyers in the Office of Military Commissions assigned to defend detainees.

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