FORT MEADE, Md. – A copy of a magazine published by an arm of al-Qaida made its way to a terror suspect at the Guantanamo Bay prison, leading to an inspection of cells and a contentious new policy requiring special review teams to examine correspondence between prisoners and attorneys, U.S. prosecutors said Wednesday.
Navy Cmdr. Andrea Lockhart told a military judge during a pre-trial hearing that a copy of Inspire magazine got into a cell. She provided no details on who received the magazine or how. But she said the breach showed that prior rules at the base governing mail review were not adequate.
Yemen’s al-Qaida in the Arabian Peninsula launched the online, English-language magazine in 2010. An early issue contained tips to would-be militants about how to kill U.S. citizens.
Lockhart is part of the U.S. team prosecuting the case against Abd al-Rahim al-Nashiri, a Saudi national charged with orchestrating the attack in 2000 on the USS Cole that killed 17 sailors. Al-Nashiri, 47, is considered one of the most senior al-Qaida leaders. He has been held at the U.S. Naval Base in Guantanamo Bay, Cuba, since 2006 after spending several years held by the CIA in a series of secret prisons.
Rick Kammen, a civilian attorney for al-Nashiri, told reporters on that his client was not the recipient of the magazine and was not involved in the incident.
How mail between Guantanamo prisoners and their attorneys should be handled consumed several hours of the al-Nashiri’s pre-trial session on Tuesday and Wednesday. At issue is whether even a cursory examination of the legal correspondence violates the attorney-client privilege.
The dispute reflects the untested nature of this latest attempt to resume the military tribunals at Guantanamo. The prosecution of al-Nashiri is already under way and the U.S. is preparing to prosecute five other prisoners accused in the Sept. 11 attacks.
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