Well, there is some wiggle room here because the EFF is a private organization with no duty to defend anyone, and the defendant already has adequate representat

Well, there is some wiggle room here because the EFF is a private organization with no duty to defend anyone, and the defendant already has adequate representation. Everybody has the right to a defense lawyer, but nobody has the right to a nonprofit helping out, that's a privilege. To put it another way, I support the ACLU defending the KKK, but I probably wouldn't support an organization dedicated solely to defending KKK members, even if they always operated within the law. That said, I still agree with EFF's decision, but I can see both sides.