Lawyers representing suspected 9/11 mastermind Khalid Shaikh Mohammed and his four alleged accomplices now reportedly are arguing statements the suspects gave to the FBI should be ruled inadmissible during their upcoming trial.
The attorneys, according to the New York Times, argue the FBI and CIA intermingled their work while extracting statements from the suspects at secret prisons and later at Guantanamo Bay.
The newspaper reports none of the statements CIA agents got out of Mohammed from 2002 to 2006, following alleged torture such as waterboarding and sleep deprivation, could be used in court. During that time, the lawyers say, the FBI was feeding questions to the CIA.
While the prisoners were at Guantanamo Bay for another set of interrogations -- this time conducted by FBI agents -- the CIA continued to influence or control the detention of the suspects, the lawyers claim, citing documents given to them through a court order.
“There was no separation. It’s all one big team,” Cheryl Bormann, the lawyer for one of the suspects -- Walid bin Attash -- told the New York Times.
Prosecutors, according to the newspaper, say the FBI agents who questioned the suspects at Guantanamo worked independently of those who did so at the secret prisons.
The case has been bogged down in pre-trial hearings since 2012, and hearings on this particular challenge could start as early as September, the New York Times reports.
The lawyers, the newspaper says, want the judge to arrange a hearing on the CIA interrogations to help determine whether the FBI sessions can be used in court.