On Monday, it came to light that the FBI had subjected a member of the defense team for the five alleged 9/11 conspirators to a “chilling” interrogation in order to gain information from the attorney. At the hearing in the Guantanamo Bay Naval Base, Defense attorneys said it hurt their ability to best represent their clients in the prominent terrorism case. The claim was made on the first day of the hearings, scheduled to go on for a week, to determine of Ramzi Binalshibh, one of the alleged plotters, is fit to stand trial.
A lawyer for the Yemeni Binalshibh, Jim Harrington said that “a member of my team, visited by two members of the FBI, had to sign and answer questions by the agents. Saying this is a chilling experience obviously is a gross understatement”, Harrington told the court. The hearing was transmitted to the Fort Meade military base outside Washington, DC with a 40-second delayed feed.
“The conflict arises: if we are the subject of any inquiry by the FBI, whose interest do we protect first, ours or our clients? That’s the position the government has put us in”, Harrington said. He also added that the interrogation happened in the beginning of April and the FBI agents effectively wanted a defense council member to become “an informant” for the US government.
Walter Ruiz, a lawyer for another 9/11 defendant, told Judge Army Colonel James Pohl that the FBI’s actions depicted an irreconcilable conflict for members of the defense, undermining “the privilege and confidentiality of our work”. Chief prosecutor Army Brigadier General Mark Martins addressed the court, saying he had no knowledge of any efforts made to infiltrate the defense, which was the subject of an emergency motion filed by the attorneys of the five defendants late Sunday. The five defendants are accused of helping organize the plane hijackings on September 11, 2001, which killed around 3,000 people in Pennsylvania, New York and the Pentagon.