9/11 Trial Delayed over Eavesdropping Fears

Defense lawyers worried government is listening in on confidential discussions

The tribunal case against Khalid Shaikh Mohammed and four others accused of being accomplices in the terrorist attacks of Sept. 11, 2001, was delayed again on Monday as defense lawyers pressed forward with concerns that their confidential communications with their clients and other counsel may be subject to eavesdropping by the government.

While the judge, Col. James Pohl of the Army, expressed skepticism about the legitimacy of the defense's fears, he agreed to postpone a scheduled pretrial-motions hearing for a day so the defense lawyers could finish interviews with audio technology officials who will be called on Tuesday to testify about the audio systems at the military prison and courtroom at Guantánamo Bay, Cuba.

All five defendants were in the courtroom on Monday, sitting quietly and leafing through papers. They spoke briefly, confirming to the judge that they understood their right to attend, or choose not to attend, other hearings in the next few days.