Boston Herald

Gitmo lawyer hired in leaker case

- By Rick Sobey rick.sobey@bostonhera­ld.com

Massachuse­tts Air National Guardsman Jack Teixeira, who’s accused of leaking top secret military documents, has a new attorney who represente­d a Guantanamo Bay detainee.

Attorney Michael Bachrach, who is based in Manhattan, has been appointed as a lawyer for the 21-year-old federally detained Dighton man.

“Mr. Bachrach’s notable cases include: winning 284 counts of acquittal for Ahmed Khalfan Ghailani, the first and thus far only Guantanamo Bay detainee to be transferre­d to civilian custody for trial,” reads the attorney’s website.

“Ghailani was found guilty of only one count of a 308-count indictment charging him with the bombings of the United States embassies in Kenya and Tanzania,” the website states. “Along the way, Mr. Bachrach and his co-counsel won major victories requiring preclusion of evidence obtained as a result of the torture of their client, as well as requiring the United States government to disclose evidence well beyond what had ever been provided before.”

Teixeira, while he was assigned to the 102nd Intelligen­ce Wing of the Massachuse­tts Air National Guard at Otis Air National Guard Base on Cape Cod, is accused of leaking national defense classified informatio­n.

The Massachuse­tts U.S. Attorney’s Office alleges in a criminal complaint that Teixeira used his top secret security clearance as an Air National Guardsman to access and publish informatio­n about the Russia-Ukraine conflict and other sensitive matters. He’s being charged under the Espionage Act.

Recently, a U.S. magistrate judge ruled that Teixeira should remain detained.

“I find that the United States has proved by a prepondera­nce of the evidence that no condition or combinatio­n of conditions will reasonably address the serious risk of flight and obstructio­n of justice posed by Defendant’s release on conditions,” wrote Judge David Hennessy.

Following that ruling, Teixeira tried to boost his court-appointed representa­tion with a private attorney under the Criminal Justice Act (CJA).

“In order to ‘provide high-quality representa­tion consistent with the best practices of the legal profession and commensura­te with those services rendered when counsel is privately retained,’ additional appointmen­t of CJA counsel is necessary here because of the complexity and nature of this prosecutio­n and the nature of the evidence and procedures involved,” Teixeira’s federal public defender wrote.

Bachrach serves on the CJA panel for the Southern District of New York and is a member of the CJA Capital Panel for the Southern District of New York, the CJA Capital Panel for the Eastern District of New York, and the CJA Terrorism Panel for the Eastern District of New York.

Bachrach did not immediatel­y respond to comment on Monday.

 ?? NY DAILY NEWS ?? Jack Teixeira, while he was assigned to the 102nd Intelligen­ce Wing of the Massachuse­tts Air National Guard at Otis Air National Guard Base on Cape Cod, is accused of leaking national defense classified informatio­n.
NY DAILY NEWS Jack Teixeira, while he was assigned to the 102nd Intelligen­ce Wing of the Massachuse­tts Air National Guard at Otis Air National Guard Base on Cape Cod, is accused of leaking national defense classified informatio­n.

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