Special Counsel Appointed to Investigate FBI Infiltration of 9-11 Defendant’s Defense Team
As Jeff Meding posted earlier, the main event of Thursday’s short hearing was the government counsel acknowledging that special counsel Fernando Campoamor-Sanchez has been appointed to represent the government on the issue of the alleged FBI infiltration of Binalshibh’s defense team (seeking information about Mohammad’s defense team) (AE292). Campoamor-Sanchez is best known for his role in prosecuting the Chandra Levy murder in 2011 when he was an Assistant United States Attorney (AUSA).
After today’s hearing, the Miami Herald reported that by Thursday evening, the 9-11 case Judge Pohl had “appointed two unnamed independent defense counsel” to advise Mohammad and Binalshibh with regard to the potential conflict of interest that may arise within their defense teams stemming from the FBI investigation. And at Thursday’s hearing, Judge Pohl left open the possibility that, depending upon what is revealed in discovery into the FBI investigation, the other defendants may also need separate counsel for this purpose.
Can Defense Counsel Bring Back to GTMO Defendant’s Notes Written at GTMO?
Another interesting issue addressed Thursday was defense counsel Cheryl Bormann’s request that Judge Pohl issue an order from the bench allowing her to bring writings made by her client Bin Attash back to him at Guantanamo. Apparently counsel had been permitted access to writings her client made that related to his defense, and was permitted to take them from Guantanamo in order to use them in the development of the defense. But when she attempted to bring them back to discuss in conference with Bin Attash, the “Privilege Review Team” (PRT) refused to allow it. Judge Pohn granted Bormann’s request.
Khalid Shaik Mohammad’s Defense Counsel to Leave
Finally, Army Major Jason Wright, one of Mohammad’s defense counsel, informed the court that he likely will be leaving the defense team this summer. As an Army JAG officer, Wright is required to complete his LLM degree after attaining the rank of Major. This would require him to leave his present assignment as counsel for Mohammad. Wright’s deferral request was denied, and he has been ordered to report for his LLM assignment in July. Major Wright informed Judge Pohl that he determined that his obligation to his client must take precedence and for that reason he has resigned his commission and will be separated from the Army on August 26. This will allow Wright to represent Mohammad through the June hearings and hopefully at the August hearings as well.
Post-Hearing on Thursday
After Thursday’s hearings adjourned, I took a quick tour of the base on my way to the airport.
I was unable to see the National Security Agency (NSA) headquarters, though, as I was confronted by signs as pictured at right. And while I was unsuccessful at convincing Military Police Officer Robinson to take my photograph by the main gate, I was able to convince him to allow me to take his photo by his police vehicle. I must say that everyone I encountered at Fort Meade was most gracious and helpful.
Touch Down at Indianapolis Airport–Met by police, fire trucks, sniffer dogs!
Things got even more interesting on my return trip to Indianapolis, when the Southwest flight on which I was traveling landed on time and then taxied into what seemed like the middle of nowhere! The plane was surrounded by police and fire trucks. Passengers were deplaned by stairway onto the tarmac where we and our carry-on luggage were sniffed dogs handled by TSA agents. We were then bussed nonchalantly to the terminal to continue on our way.
I later read news reports that my flight had requested an “emergency landing” after having received a “threat.” Precisely what the threat was, I still do not know! But I arrived home from Fort Meade safe and grateful for the wonderful experience of serving as an observer on behalf of McKinney’s MCOP team.