9/11 Defense Counsel on the FBI's Contacts with Defense Team Members

Wells Bennett
Tuesday, April 15, 2014, 9:29 AM
Defense lawyers for 9/11 accused Ammar al-Baluchi had this to say yesterday, about an emergency defense filing in the 9/11 case concerning alleged FBI contacts with a member of another accused's defense team:
GUANTANAMO BAY, CUBA Today, defense attorneys in the 9/11 military commission revealed that the FBI had interrogated a Defense Security Officer, and required him to sign an agreement establishing a “special relationship” between the defense team member and the FBI. “The U.S. government’s breach of the integrity of the defense teams is outrageous,” said Lt Col Sterling R.

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Defense lawyers for 9/11 accused Ammar al-Baluchi had this to say yesterday, about an emergency defense filing in the 9/11 case concerning alleged FBI contacts with a member of another accused's defense team:
GUANTANAMO BAY, CUBA Today, defense attorneys in the 9/11 military commission revealed that the FBI had interrogated a Defense Security Officer, and required him to sign an agreement establishing a “special relationship” between the defense team member and the FBI. “The U.S. government’s breach of the integrity of the defense teams is outrageous,” said Lt Col Sterling R. Thomas, USAF, a former prosecutor now detailed to defend Ammar al Baluchi. Under Military Commission Protective Order #1, most recently amended in December 2013, a “Defense Security Officer is, for limited purposes associated with this case, a member of the Defense Team, and therefore shall not disclose to any person any information provided by the Defense, other than information provided in a filing with the Military Commission.”  The duties of a Defense Security Officer are: (1)    Assist the Defense with applying classification guides, including reviewing pleadings and other papers prepared by the defense to ensure they are unclassified or properly marked as classified; (2)    Assist the Defense in performing their duty to apply derivative classification markings pursuant to E.O. 13526 § 2.1(b). (3)    Ensure compliance with the provisions of any Protective Order.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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