---------- Forwarded message ----------
From: Ruiz, Walter B, CDR OSD OMC Defense <Walter.Ruiz@osd.mil>
Date: Thu, Apr 11, 2013 at 9:07 AM
Subject: CDC Orders Defense to Stop Using Communications Systems.
To: "Ruiz, Walter B, CDR OSD OMC Defense" <Walter.Ruiz@osd.mil>


Yesterday the CDC, Colonel Mayberry issued an office wide order to
seize and desist from using our e-mail communications to transmit any
matters that are confidential or privileged. All OCDC Personnel
including all civilian counsel been directed not to save any files
that contain privileged materials onto our personal or common drives.

This measure was taken as the CDC has determined that the integrity of
these systems is not sufficient to ensure that we safeguard
confidential and privileged materials, as it is our ethical duty to
do.  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.

The effect is that this essentially cripples our ability to operate. I
am unable to forward the order itself at this time as we were asked
not to do so at this time.

Regards,

Walter Ruiz
CDR, JAGC, USN
Defense Counsel
Office of the Chief Defense Counsel
Military Commissions
703-696-0028

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result in civil action or criminal prosecution


---------- Forwarded message ----------
From: Connell, James G III CIV OSD OMC Defense <James.Connell2@osd.mil>
Date: Thu, Apr 11, 2013 at 12:38 PM
Subject: 9/11 defense counsel file handwritten motion following order
not to use computers for privileged information
To: "Connell, James G III CIV OSD OMC Defense" <James.Connell2@osd.mil>
Cc: "Daste, Erin CTR OSD OMC Defense" <Erin.Daste.ctr@osd.mil>


Primary Media Contact: James G. Connell, III
                                                         FOR IMMEDIATE
RELEASE
Tel: 703/588-0407
Cell Phone: 703/623-8410
James.connell2@osd.mil

Secondary Media Contact: Erin Daste
Tel: 703/588-0464
Erin.daste.ctr@osd.mil

9/11 Defense Counsel File Handwritten Motion Following Order Not to
Use Computers for Privileged Information

Chief Defense Counsel Col. Karen Mayberry Orders Defense Counsel and
Staff to Cease Using DOD Information Systems

Washington D.C., April 11, 2013: Today, military commissions defense
counsel filed a handwritten emergency motion to pause proceedings in
the 9/11 trial after revelations that defense email communications and
computer files have been compromised.  Hearings in the case against
Khalid Sheikh Mohammed and his accused co-conspirators are set to
resume on April 22, 2013.  The attorneys seek the pause, called an
abatement, after the Chief Defense Counsel ordered defense counsel not
to use DOD computers for privileged or confidential information.

"Is there any security for defense attorney information?", asks James
Connell, attorney for Ammar al Baluchi.  "This new disclosure is
simply the latest in a series of revelations of courtroom monitoring,
hidden surveillance devices, and legal bin searches."

On April 10, Air Force Colonel Karen Mayberry, Chief Defense Counsel,
issued an order instructing members of the defense office to cease
conducting all privileged and confidential work on the Department of
Defense network, until the security of this information can be
assured.  This prohibition is in effect until further notice.

This policy follows repeated losses of attorney files due to purported
upgrades to the network.  The issue finally came to a head when it was
discovered during an appeal in the al Qosi case, currently before the
Court of Military Commission Review (CMCR), that privileged defense
counsel emails were disclosed to the prosecution by the DOD office in
charge of information security.

Military Judge Pohl has already granted a defense continuance in the
USS Cole case as a result of these revelations.

James G. Connell, III is a civilian Defense Department attorney who
has served as lead counsel for Mr. al Baluchi since 2011.  He has
served as attorney in a number of high profile death penalty cases in
state and federal courts.