GUANTÁNAMO BAY, Cuba — A prolonged-serving dying penalty protection attorney for one particular of the five men accused of plotting the Sept. 11, 2001, terrorist assaults has asked to be eradicated from the scenario, stirring new uncertainty about when the trial could commence.

It is finally up to the trial decide to decide no matter whether the law firm, Cheryl Bormann, or any defense lawyer can resign. If she is authorized to leave, the choose could be confronted with the conundrum of no matter whether to gradual or halt pretrial proceedings until her replacement is employed and brought up to velocity.

Or the judge could come to a decision that the gentleman she represents, Walid bin Attash, be experimented with individually as an accused conspirator in the assaults, which killed approximately 3,000 people today.

Ms. Bormann very first appeared at the court in May perhaps 2012 for the arraignment of Mr. bin Attash and the 4 other accused plotters, which includes Khalid Shaikh Mohammed, the accused mastermind of the assault. The only woman cash defense law firm on the scenario, she drew focus by donning a head scarf and a black abaya, a standard robe worn by gals in Saudi Arabia, where her customer grew up.

In time, most other females doing the job on the defense teams would adhere to her example and cover their hair some also wore loosefitting garments, in what they have described as a signal of regard for the faith of the gentlemen, whom they take into consideration to be victims of C.I.A. torture. The apparel has angered some relatives of Sept. 11 victims, who interpreted the gesture as submissiveness to the accused terrorists.

It is not obvious why Ms. Bormann abruptly resigned. But she lately filed a court pleading that disclosed that her “performance and conduct” had been beneath investigation by the Armed forces Commissions Defense Group, the Pentagon office that gives means and lawyers to military services commissions situation.

Ms. Bormann stated that she could not ethically symbolize the prisoner even though the investigation was underway and asked that hearings this thirty day period be canceled. Rather, the judge, Col. Matthew N. McCall, has postponed the begin of the hearings right up until March 21.

The choose gave lawyers and prosecutors until upcoming week to file pleadings on irrespective of whether he really should launch Ms. Bormann from the scenario.

Prior to Guantánamo, she practiced funds defense in Chicago, exactly where she gained a track record as a dogged fighter at the Prepare dinner County public defender’s homicide activity force. She joined the war courtroom bar soon after Gov. Pat Quinn of Illinois abolished the dying penalty in 2011, and has utilised the simple-spoken language of a dying-penalty defender in court docket arguments to make clear what is at stake.

“This is a scenario exactly where the governing administration seeks to destroy Mr. bin Attash and these other four males,” Ms. Bormann reminded the decide in November. Defense attorneys have been pressing Colonel McCall to order the authorities to release much more information and facts from the C.I.A.’s so-referred to as black internet sites, where the Sept. 11 defendants ended up held and tortured just before their transfer to Guantánamo in 2006.

She has referred to prosecutors as “the government that needs to eliminate him.” At a person point, protesting the limited hrs she could spend with her consumer, Ms. Bormann observed that “no exception is manufactured for a commissions legal professional who is defending a male where by the government wants to destroy him.”

At the coronary heart of the issue confronting the choose is that Ms. Bormann serves as a so-called realized counsel, a lawyer with unique techniques and knowledge in defending people today at loss of life-penalty trials. By law, just about every defendant in a funds case at Guantánamo is entitled to a learned counsel.

But no replacement is waiting around in the wings, mentioned Brig. Gen. Jackie L. Thompson Jr. of the Military. As the chief protection counsel for navy commissions, he can hire lawyers for Guantánamo circumstances but does not have authority to fireplace them. He oversaw the investigation of Ms. Bormann.

Neither Typical Thompson nor Ms. Bormann would elaborate on the compound of the investigation.

“My ongoing worry for Mr. bin Attash helps prevent me from commenting,” she explained.

The standard stated that he experienced taken no actions against Ms. Bormann in light of the investigation and that she even now had safety clearances and entire entry to her workplaces. Ms. Bormann satisfied with the choose on Monday her crew members have twice satisfied with him individually, once with Mr. bin Attash. Standard Thompson said that the choose “has what he needs” to come to a decision no matter if to allow her go.

In his check out, he explained, the other attorneys on her team — three civilians and two members of the armed forces — do not qualify as uncovered counsel.

Immediately after the acquired counsel for one more defendant, Ramzi bin al-Shibh, acquired permission to leave the case in 2020 due to the fact of a heart issue, the Pentagon took various months to retain the services of, fund and get protection clearances for the new lawyer, David I. Bruck.

Mr. Bruck, 1 of the nation’s major capital defenders, stated no five-man or woman money case experienced been tried to verdict in the contemporary historical past of the loss of life penalty and questioned for 30 months to get ready. The ask for was in no way dominated on since the Guantánamo courtroom was closed for a lot more than 500 days since of the coronavirus pandemic.