Defense counsel complain that government agents have been “reading and seizing” attorney-client privileged documents and the defendant’s mail. Colonel Pohl, the military judge – yes, the same US Army officer who served as the Article 32 Investigating Officer in the Hasan case at Fort Hood – resisted attempts by defense counsel to elicit his views on issues related to torture, the death penalty, etc. Colonel Pohl reportedly became agitated and refused to fully answer what were wholly appropriate questions.
The military judge repeatedly refused to answer questions about his personal feelings, saying that he would follow the law.
When [defense counsel] asked the judge whether he believes that the U.S. forfeited their moral authority to put al-Nashiri to death because he was tortured, the judge said simply, “The rules are the rules. I am a simple guy.”