By Cora Currier, ProPublica
The long-troubled military trials at Guantanamo Bay were hit by revelations earlier this year that a secret censor had the ability to cut off courtroom proceedings, and that there were listening devices disguised as smoke detectors in attorney-client meeting rooms.
Now, another potential instance of compromised confidentiality at the military commissions has emerged: Defense attorneys say somebody has accessed their email and servers.
"Defense emails have ended up being provided to the prosecution, material has disappeared off the defense server, and sometimes reappeared, in different formats, or with different names," said Rick Kammen, a lawyer for Abd Al Rahim Al Nashiri, who is accused of plotting the 2000 attack on the U.S.S. Cole.
The lawyers say they don't know exactly who is accessing their communications. And it's not yet clear whether the emails were intentionally grabbed or were scooped up mistakenly due to technical or procedural errors.
Either way, the lawyers are concerned.
In response to the apparent breaches, the military's chief defense counsel ordered defense lawyers to stop using email for privileged or confidential communications.
"This follows on the heels of the seizure of over 500,000 e-mail containing attorney-client privileged communications as well as the loss of significant amount of defense work-product contained in shared folders," Commander Walter Ruiz, one of the military defense counsels, said in an email.
The search of thousands of emails was revealed by the prosecution, attorneys say.
"The searches on their face looked to be fairly benign," Kammen said. The defense emails turned up when prosecutors requested a search of prosecutors' own emails. "The people who were doing the searches ended up providing all manner of defense material as well." It's not clear what department, agency, or office did the search.
It is not possible to corroborate the attorneys' accounts because the full documents are undergoing security review, and are not yet public.
The Pentagon declined to comment, citing the ongoing trial.