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FBI probe at Guantanamo Bay winding down, no charges expected | FBI probe at Guantanamo Bay winding down, no charges expected |
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An FBI investigation that disrupted the criminal proceedings at Guantanamo Bay, Cuba, and generated fears of government spying is not expected to result in criminal charges, law enforcement officials said. | An FBI investigation that disrupted the criminal proceedings at Guantanamo Bay, Cuba, and generated fears of government spying is not expected to result in criminal charges, law enforcement officials said. |
Investigators said last month that they had opened a preliminary investigation involving the possible disclosure of classified information at Guantanamo Bay. A defense lawyer told the military court that a member of a defense team had been questioned by the FBI, raising concerns that the probe was interfering with their ability to defend their clients. | Investigators said last month that they had opened a preliminary investigation involving the possible disclosure of classified information at Guantanamo Bay. A defense lawyer told the military court that a member of a defense team had been questioned by the FBI, raising concerns that the probe was interfering with their ability to defend their clients. |
Officials said the investigation was triggered when the FBI learned that a member of one of the defense teams may have provided information to someone not authorized to receive it. The individual was not a lawyer or member of the media, officials said, speaking on the condition of anonymity because they were not authorized to discuss the matter publicly. | Officials said the investigation was triggered when the FBI learned that a member of one of the defense teams may have provided information to someone not authorized to receive it. The individual was not a lawyer or member of the media, officials said, speaking on the condition of anonymity because they were not authorized to discuss the matter publicly. |
On April 6, FBI agents questioned Dante James, a security officer who specializes in the handling of classified material and advises the legal team defending Ramzi Binalshibh, one of the five men facing trial in the Sept. 11, 2001, attacks. After signing a nondisclosure agreement, James then notified his employer, SRA International, based in Northern Virginia. | |
Days later, the 9/11 case at Guantanamo Bay, Cuba, was halted after defense lawyers suggested the investigation could create a potential conflict of interest if any of the attorneys were targeted. | Days later, the 9/11 case at Guantanamo Bay, Cuba, was halted after defense lawyers suggested the investigation could create a potential conflict of interest if any of the attorneys were targeted. |
The FBI declined to comment Monday, as did a spokeswoman for SRA. | The FBI declined to comment Monday, as did a spokeswoman for SRA. |
Officials said the FBI was looking into whether the agents acted properly. James Harrington, Binalshibh’s attorney, said defense lawyers are owed an explanation. | Officials said the FBI was looking into whether the agents acted properly. James Harrington, Binalshibh’s attorney, said defense lawyers are owed an explanation. |
In late April, the government said it needed an additional 30 days to provide the court with information about the FBI’s preliminary investigation and analyze the complaint from the defense team. | In late April, the government said it needed an additional 30 days to provide the court with information about the FBI’s preliminary investigation and analyze the complaint from the defense team. |
With the likelihood of the investigation over soon, one U.S. official said the onus will be on Brig. Gen. Mark Martins, the chief military prosecutor, to convince the court the FBI investigation didn’t do any lasting harm and the trial can proceed. | With the likelihood of the investigation over soon, one U.S. official said the onus will be on Brig. Gen. Mark Martins, the chief military prosecutor, to convince the court the FBI investigation didn’t do any lasting harm and the trial can proceed. |
The proceedings have been delayed continuously. Martins had hoped to begin jury selection in the case of Binalshibh and the other Sept. 11 co-conspirators in January 2015. Defense lawyers say it’s highly unlikely the trial will open by then. | The proceedings have been delayed continuously. Martins had hoped to begin jury selection in the case of Binalshibh and the other Sept. 11 co-conspirators in January 2015. Defense lawyers say it’s highly unlikely the trial will open by then. |
Harrington has said the FBI investigation had a serious chilling effect between detainees and their defense attorneys. | Harrington has said the FBI investigation had a serious chilling effect between detainees and their defense attorneys. |
The FBI has conducted inquiries into legal teams working for Guantanamo detainees in the past. In 2009, U.S. authorities launched an investigation to learn how the pictures of CIA officials ended up in cells of high-value detainees several years ago. No charges were filed in that case either. | The FBI has conducted inquiries into legal teams working for Guantanamo detainees in the past. In 2009, U.S. authorities launched an investigation to learn how the pictures of CIA officials ended up in cells of high-value detainees several years ago. No charges were filed in that case either. |
Julie Tate contributed to this report. | Julie Tate contributed to this report. |