TORONTO - The Pentagon's firing of Omar Khadr's high-profile military lawyer followed months of conflict both with his superiors and others defending the Guantanamo Bay detainee, several sources said Saturday, but the impact on the Canadian's situation remained unclear.
One of Khadr's Canadian lawyers said he would travel to the infamous prison on Tuesday to talk to his client about the firing of Lt.-Cmdr. Bill Kuebler, which has attracted the attention of the federal government.
"Somebody fired his lawyer without his consent; I don't know how he will react to that," lawyer Nate Whitling said from Edmonton.
"Omar may just fire all of us. If that happens, it's a negative thing."
Kuebler, who has acted for Khadr for two years at the behest of the Pentagon, was abruptly reassigned from the Office of the Military Commissions on Friday and ordered to report to the U.S. Navy's management and plans division.
"I am no longer assigned to this office," he said in a voicemail message at his now-vacated commission office.
A spokeswoman for Foreign Affairs Minister Lawrence Cannon said the department wanted more information on Kuebler's dismissal and would insist Khadr had access to competent counsel of his own choice.
The chief defence counsel at Guantanamo, Air Force Col. Peter Masciola, ordered Kuebler's removal Friday in order to pursue "client-centred representation," according to a statement from his office.
"The team representing Omar Khadr had become dysfunctional," Masciola said in an interview. He said he could not elaborate because of privacy concerns and attorney-client privilege.
A source who asked not to be named said Saturday that Masciola had concluded that Kuebler was "a divisive figure on the military team and failed to act in best interests of Khadr."
The team had also "lost faith in his integrity and ability to represent Khadr's best interests," the source said.
Cmdr. Walter Ruiz, an experienced lawyer who joined Khadr's team late last summer, will lead Khadr's military defence team, which has now lost two members in the past few months.
Kuebler was frequently in the news as he aggressively defended Khadr, 22, who is accused of killing an American soldier with a grenade after a firefight in Afghanistan in 2002. The Toronto-born Khadr was 15 at the time.
In a statement, Kuebler insisted his reassignment was sparked by his criticism that Masciola was too cozy with prosecutors.
"Col. Masciola has demonstrated a disturbing pattern of acting to support the agenda of military prosecutors to have Omar tried in the U.S. rather than being repatriated to Canada (and seemingly to perpetuate the fundamentally-flawed military commission process)," Kuebler said.
Sources described a series of tense discussions between the two men over the past week, culminating in the dismissal.
During a brief meeting on Thursday, Kuebler noticed a document on Masciola's computer screen that indicated he was being relieved of his duties.
"You look like you're preparing to fire me," Kuebler said, according to one source.
"I have not decided yet," Masciola replied.
In an effort to stave off the inevitable, Kuebler sent off urgent emails to the judge who had been presiding over Khadr's military commission proceedings, which U.S. President Barack Obama halted in January.
The judge, however, refused to weigh in and during a meeting Friday, Kuebler was pulled from the case. He returned to his office to find his computer account had been frozen and he could no long access his files.
"It is distressing," said a person close to the defence team.
"We don't think Masciola has the authority to do this."
Kuebler had been preparing to submit material for a presidential committee reviewing Khadr's detention ahead of an April 15 deadline.
Losing Kuebler is a "significant loss," one source said.
"They'll be scrambling to put things together," the source said. "I don't think it will be done adequately. I think he is going to be hurt."
Canadian lawyer Dennis Edney, who with Whitling has acted tirelessly for Khadr for six years, downplayed the significance of Kuebler's firing.
"I believe that a decision was made in the best interests of Omar Khadr," Edney said.
"Nothing changes. Omar is well represented."
The military blocked Kuebler from travelling to Guantanamo in February to meet Khadr after he complained about Masciola.
However, one legal source familiar with the situation described the lawyer, who has garnered media attention and accolades for his defence of Khadr, as ego-driven and "manipulative."
"Kuebler did not work with anybody," the person said. "He has attacked everybody."
