Defense attorneys for Khalid Sheikh Mohammad, Walid Muhammad Salih Bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi suspect the FBI may have turned a defense security officer assigned to the team representing Ramzi bin al Shibh into a “confidential informant.”
An emergency motion filed under seal alleged, “as part of its litigation strategy,” the government has “created what appears to be a confidential informant relationship with a member of Mr. bin al Shibh’s defense team, and interrogated him about the activities of all defense teams.”
There have been multiple examples where the United States government has directly targeted and undermined defense attorneys representing the five men imprisoned at Guantanamo Bay, who are suspected of being involved in the September 11th attacks and are on trial before the Guantanamo military commission.
Judge Col. James Pohl discovered the CIA had the ability to censor legal proceedings without his knowledge whenever the agency thought evidence related to torture might be shared in open court. Guantanamo guards have seized legal documents from the men, which were already stamped, cleared and approved for defendants. Meeting facilities attorneys used were found to have been bugged with listening devices the FBI had installed.
One section of the motion was disclosed to Miami Herald journalist Carol Rosenberg. “The implications of this intrusion into the defense camp are staggering.” she says. “The most immediate implication, however, is that all defense teams have a potential conflict of interest between their loyalty to their clients and their interest in demonstrating their innocence to FBI investigators.”
The defense security officer for bin al Shibh was reportedly questioned by FBI agents and asked to sign a non-disclosure agreement. And, although the military claims it doesn’t consider the publication a “leak,” the “confidential informant relationship” was allegedly developed as part of an investigation into news organizations.