He then ordered the government to ‘‘disconnect any ability or any third party to suspend the broadcast of these proceedings.’’
David Nevin, the attorney for Mohammed whose remarks prompted the censor, said the censorship incident increased fears among attorney that all their confidential conversations with clients are being monitored. That would violate attorney-client privilege and mean they could not continue to speak with the accused without breaching the rules of professional conduct for defense lawyers.
Before the censorship issue, the four-day hearing had been dealing with procedural matters such as the rules for calling witnesses and handling classified evidence.
This is a far more complex case than has been handled by a military commission in the past, so there are many preliminary rulings that must be addressed. Among them is the question of whether the defendants themselves can be allowed to attend closed session during which classified matters are discussed. Since many issues must be resolved in closed session, that question has to be answered before more substantive issues can be addressed.