Four months after defense lawyers first told a Guantanamo military commission that they'd learned the FBI was spying on their colleagues, it remains unclear who or what the FBI was investigating. What is clear is that it will continue to delay progress in the case of the five men accused of masterminding the Sept. 11 terrorist attacks.
As James Harrington, lawyer for Ramzi bin al Shibh, told the court on Monday: "We now have to represent to our client that we had a spy within our team for a number of months. We don't know what activities that spy did." Will Harrington's client ever trust his defense team again? Should he? And if he can't, can he ever truly receive a fair defense?
Though improved in some respects, the revived commissions are still characterized by a startling level of secrecy. In an effort to conceal details of defendants' torture while in CIA custody, the government has designed the commissions to prevent defense teams from obtaining or publicly discussing information about the torture program.
When Col. John Bogdan took the witness stand at Guantanamo Bay, Cuba, he'd been called to testify about the strict limits he's imposed on defense attorneys' visits with their death penalty clients. The attorneys representing the defendants accused of masterminding the 9/11 terrorist attacks claim his rules make their jobs unreasonably onerous.