Across several days at Guantánamo last month, lawyers and the military jousted at the war court over whether it was possible to know that a listening device was affixed to the ceilings of the cells where defense attorneys meet the men accused of orchestrating the Sept. 11 terrorist attacks.
The overarching issue was attorney-client privilege and whether some secret agency was violating it by eavesdropping on lawyers meeting with their clients at the U.S. Navy base in southeast Cuba.
Army and Navy officers testified that nobody was listening, and the equipment was a legacy from the days when the FBI controlled those particular cells.
But the question batted back and forth was whether the lawyers for alleged 9/11 mastermind Khalid Sheik Mohammed and four other men could’ve known the cell they were sitting in was bugged. Especially after, defense lawyer Cheryl Bormann said a prison guard told her it was a smoke detector.
Now the court of public opinion can decide.