The chief US prosecutor for David Hicks' upcoming trial says he would be "dumbfounded" if the Australian terror suspect's US military lawyer, Major Michael Mori, was court-martialled for outspoken comments.
Colonel Morris Davis said he had no power to charge Maj Mori for contemptuous comments made against US President George W Bush, the US Secretary of Defense or Congress.
The prosecutor also said he was not aware of any moves by US officials with that power to bring charges against Maj Mori.
There were fears that if Maj Mori was court-martialled it would delay Hicks's long-awaited military commission trial.
"I'm not aware of anybody, anywhere that has any intention of charging Maj Mori with anything," Col Davis said.
Col Davis created headlines on the weekend when he suggested Maj Mori may have breached Article 88 of the US Uniform Code of Military Justice (UCMJ).
Article 88 prohibits military officers from using "contemptuous words" against the president, vice president, US secretary of defense or Congress.