"If the Court disqualifies Keker & Van Nest, the Defendant will appeal on the grounds that he was denied counsel of his choice.
If the Court allows him to waive conflict, the Defendant is likely to have a serious ineffective-assistance-of-counsel claim."
The Government's attempt to disqualify Keker and Van Nest from defending Mr. Salyer ended up costing Mr. Salyer's defense fund $250,000.00 to fight. It probably cost the Government close to the same. But, as it turns out, at no fault of Keker and Van Nest, the Defendant actually does have a serious ineffective-assistance-of-counsel claim because the Government built a catch 22 no win scenario that has no effective route to defend.