The motion calls for an emergency hearing about the alleged infiltration and urges judge Army Col. James L. Pohl to investigate the potential conflict of interest regarding the prosecution of Khalid Sheik Mohammed, and four other people accused of participating in the attacks.
Following the motion, Pohl halted a Monday hearing on bin al-Shibh’s mental competency for pre-trial proceedings.
Shayana Kadidal, senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights, told Common Dreams, “This seems to be part of a longstanding trend of the military trying to co-opt the attorneys for detainees as part of an interrogation process,” he said. “That is how it will be perceived by the detainees themselves.”
The charges follow previous revelations and allegations that defense lawyers are unlawfully monitored. This includes revelations last January that defense lawyers at Guantanamo Bay were censored by the CIA, as well as revelations last April that hundreds of thousands of defense emails were inappropriately given to prosecutors.
The 9/11 co-defendants have languished for years in legal limbo, and their trial has been widely criticized as rigged and inhumane. Mohammed has been water-boarded at least 183 times by the CIA.
According to Kadidal, this latest incident of alleged spying will have a wide impact. “This news will spread way beyond people who are part of military commissions process,” he said. “It will affect the way in which ordinary detainees will interact with their lawyers and defense council.”
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