David Nevin, the Boise lawyer who has been defending 9/11 mastermind Khalid Sheik Mohammed for more than five years, told a national TV audience that the process is deeply flawed.
"This is not a system that is set up to deliver justice," Nevin told CBS correspondent Lesley Stahl on "60 Minutes" Sunday night.
Nevin said government surveillance of privileged conversations between lawyers and defendants, restrictions on evidence and testimony tainted by torture compromise core constitutional values.
"Think about this for a minute," Nevin said. "The government says they can't talk publicly about what happened to them because it's classified. If the government didn't want to reveal its secrets to them it shouldn't have tortured them and yet this information is classified."
Stahl pressed Nevin about Mohammed's admission that he planned the 9/11 attacks, saying, "This is a bad guy by his own confessions. You're saying he's not the mastermind?"
Nevin: "Here's what I'm saying: I'm saying that in the United States we have a process, we follow it, we've always followed it, we apply it to everyone except not now."
Of government eavesdropping on consultations between lawyers and clients, Nevin said: "The constitution guarantees certain rights and one of them is that you don't listen in on the lawyers in a serious capital case. You just don't do it."
Chief prosecutor Army Brig. Gen. Mark Martins told Stahl: "We are going to do these trials fairly."
The trial won't began for more than a year. CBS showed what it called exclusive video of the courtroom at Guantanamo, Cuba, as well as Mohammed's holding cell.
To read an Idaho Statesman profile of Nevin shortly after he took the case, click here.