GUANTANAMO BAY NAVY BASE, Cuba -- Defense lawyers in the Sept. 11 case have sought an urgent hearing to argue that FBI agents interrogated a war court defense team member, which could delay Monday’s competency hearing, according to two people who’ve seen an emergency motion filed in the case.
The motion asks the case judge, Army Col. James L. Pohl, to conduct an inquiry into the possibility of a sudden conflict-of-interest in the military commissions prosecution of the accused mastermind, Khalid Sheik Mohammed, and four other alleged conspirators in the Sept. 11, 2001 terror attacks.
At issue, according to the court filing late Sunday, is whether the FBI has turned a security officer on the legal team of Yemeni captive Ramzi bin al Shibh into a “confidential informant.”
The motion claims that FBI agents recently developed the relationship during an investigation of how two news organizations got copies of prison camp musings by Mohammed.
“Apparently as part of its litigation strategy,” the emergency motion reads in part, “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.
“The implications of this intrusion into the defense camp are staggering.
