Hasan’s attorneys are doing what I would do if I were them. He’s trying to put them into an ethical box, and they need to get out of the case to avoid it. By doing this, Hasan is trying to create an issue for appeal on grounds of ineffective counsel. Normally, appellate courts rule that where the defendant creates the counsel issues, they don’t have an issue. But in death penalty cases, those rules don’t apply so much.
If I were the trial court judge, I would give Hasan’s attorneys a full hearing on their motion, then deny it. They’ve covered themselves ethically by asking to be relieved, and the Court has ordered them to remain. They are, after all, only advisory and not full trial counsel. So the guy didn’t take their advice. Too bad. And no issue for appeal.
That is very smart. So, of course it won’t happen.