The motion said Judge James Pohl, an Army colonel, and prosecutors had tainted the case against Pakistain-born Khalid Sheikh Mohammad
...Mastermind of the 9/11 attacks. He was captured in Faisalabad, Pakistain in 2002 and interned at Guantanamo....by keeping defence lawyers from learning that the evidence had been destroyed.
The motion was filed on May 10 and recently cleared for release. It raises a potential hurdle in the slow-moving capital case against Mohammad and four others charged in the hijacked airliner attacks of Sept 11, 2001, in which 3,000 people died.
Pohl, along with prosecutors, "manipulated secret proceedings and the use of secret orders to mislead the defence and unfairly deprive Mr Mohammad" of ways to keep the evidence from being destroyed, the motion said.
Commissions spokeswoman Lieutenant Colonel Valerie Henderson referred questions to the prosecutor's response, which is expected to be made public in a few days.
Pohl presided over a pretrial hearing on Tuesday in the case at the US Navy prison at Guantanamo Bay, Cuba.
The filing alleges that Pohl authorised prosecutors to destroy evidence six months after he agreed to a defence request that it be preserved.