FORT MEADE, Md. — Alleged 9/11 organizer Walid bin Attash told a military judge Wednesday that he won't attend his pre-trial hearing anymore because his request to replace his lawyers was denied. His civilian attorney then asked to withdraw from the case.
Army Judge Col. James Pohl, after reviewing a letter bin Attash submitted Tuesday asking for new lawyers, denied the request, citing insufficient evidence of malpractice. That prompted bin Attash to ask to leave the courtroom. He said he would not return until he is granted new representation. Pohl noted that exiting is a voluntary act so bin Attash cannot later dispute it was forced on him.
"I would like to stay," bin Attash said, "but the reason I want to leave is that the attorneys are staying with me on the team."
The dramatic turn of events came on the Wednesday marked the second day of a pre-trial the latest hearing for five al-Qaida members accused of being the leaders of the 9/11 attacks that killed about 3,000 people in New York City, Washington, D.C., and western Pennsylvania. The hearing pre-trial for U.S. v. Khalid Sheikh Mohammed et al is being held aboard Naval Station Guantanamo Bay, Cuba, and simulcast at Fort Meade at this Army post in suburban Washington, D.C.
Bin Attash, who is accused of training the 9/11 hijackers, was captured with an alleged co-conspirator in 2003 and sent to a suspected CIA facility near Kabul, Afghanistan, known as "the dark prison." He was later moved to Guantanamo Bay to await trial.
Bin Attash said Tuesday that his attorneys, Cheryl Bormann and former Air Force Maj. Michael Capt. Mike Schwartz, may be working with the U.S. government against him. His suspicion stemmed from a secret FBI investigation in 2014 that found possible compromises of attorney-client confidentiality.
After bin Attash's announcement that he did not want to attend the hearing, Bormann made a motion to withdraw from the proceedings.
"When I walked into this courtroom yesterday," Bormann said, "I didn't think that I would be moving to withdraw. … But after … what happened yesterday, I don't really have a choice."
Pohl denied her impromptu petition but said she can file a formal motion under the regular briefing cycle that will allow the government to respond.
Bormann, who has represented bin Attash for four years and wears an abaya out of respect for her client, said the history of the case has left bin Attash too damaged to trust his counsel. Issues she raised included the psychological impact of torture, isolation from family, contradicting legal guidance and compromised attorney-client privilege.
She said no attorney can effectively represent the five men accused in the case States v. Khalid Sheikh Mohammed et al because they men will view any lawyer as working for the U.S. government.
"As much as I would like to be able to say to you that I can be effective," Bormann said, "given what we have to work with, I don't think I can."
Prosecutor Edward Ryan said Bormann has no legal basis to withdraw and noted her dedication to bin Attash throughout the proceedings. Allowing her to withdraw would encourage delay and manipulation of the system, he said.
While Pohl denied the requests by bin Attash and Bormann, he did order an independent counsel to review the situation with bin Attash. If the review finds the concerns to be legitimate, he can submit a new proposal for replacements.
Bin Attash said he will not communicate with his lawyers or attend court sessions in the meantime, and that resolving the issue through an independent counsel "could take forever."
