David Hicks's trial could be derailed, and possibly prompt his return to Australia, if his lawyer Major Michael Mori is charged with a US military discipline offence.
Maj Mori could be removed from the case after threats from the chief US prosecutor, Colonel Morris Davis, to charge him under the Uniform Code of Military Justice, Fairfax newspapers report.
Meanwhile, John Howard has said he is "very angry" with the US about delays in the Hicks trial.
The prime minister's statement, made on the
TODAY show, marks a new stage in his anti-US Hicks rhetoric.
"We are very angry it's taken so long, and I share the view of millions of Australians that justice delayed is justice denied," he said.
Mr Howard has told the US any action leading to further delays would be unacceptable and would prompt him to demand the return of Hicks, 31, after five years in Guantanamo Bay.
Fairfax reports that the chief US prosecutor, Colonel Morris Davis, has accused Major Mori of breaching Article 88 of the US military code.
It relates to using contemptuous language towards the president, vice-president, and secretary of defence. Penalties for breaching the code include jail and the loss of employment and entitlements.
Major Mori denied he had done anything improper but said the accusations left him with an inherent conflict of interest.
"It can't help but raise an issue of whether any further representation of David and his wellbeing could be tainted by a concern for my own legal wellbeing," Major Mori told Fairfax. "David Hicks needs counsel who is not tainted by these allegations."
Major Mori, who has been to Australia seven times, will seek legal advice. The issue will also have to be raised with Hicks when his legal team next sees him, Fairfax reports.
Colonel Davis said Major Mori was not playing by the rules and criticised his regular trips to Australia. He said he would not tolerate such behaviour from his own prosecutors.
"Certainly, in the US it would not be tolerated having a US marine in uniform actively inserting himself into the political process. It is very disappointing," he told Fairfax. "He doesn't seem to be held to the same standards as his brother officers."
