Posted on 02/03/2006 8:23:04 AM PST by flutters
COLUMBUS, Ohio -- A lawyer for an Ohio trucker convicted of plotting to destroy the Brooklyn Bridge has prepared a motion asking a federal judge to throw out the case on the grounds that the government illegally spied on him.
The motion on behalf of Iyman Faris, 36, is among the first challenges to seek evidence of electronic eavesdropping by the National Security Agency, a practice that began after the terrorist attacks of Sept. 11, 2001.
Attorney David Smith, who is handling Faris' appeal, said he plans to file the motion Friday in U.S. District Court in Alexandria, Va. It will argue that investigators improperly obtained evidence against Faris, and that his defense lawyer at trial was ineffective.
Faris pleaded guilty in 2003 to conspiracy and aiding and abetting terrorism, and was sentenced to 20 years in prison. Prosecutors cited incriminating statements he made under questioning by federal agents.
At his sentencing hearing, prosecutors acknowledged that federal agents were led to Faris by a telephone call intercepted in another investigation.
Critics say the NSA tactics are unconstitutional, noting that the agency uses wiretaps without getting judges to sign warrants. The Bush administration has staunchly defended the practice, saying the agency only monitors calls in which one party is outside the United States and the call is believed to be related to terrorism.
On Tuesday, a civil liberties group sued AT&T Inc. for its alleged role in helping the NSA spy on the phone calls and other communications of U.S. citizens without warrants.
The class-action lawsuit, filed in U.S. District Court in San Francisco by the Electronic Frontier Foundation, seeks to stop the surveillance program that started shortly after the 2001 attacks. It also seeks billions of dollars in damages.
The EFF claims the San Antonio-based telecommunications company not only provided direct access to its network that carries voice and data but also to its massive databases of stored telephone and Internet records that are updated constantly.
AT&T has declined to comment on that case.
A lawyer for Ali al-Timimi, an Islamic scholar in northern Virginia convicted of exhorting followers, has said he plans to challenge his case based on NSA involvement. So has an attorney for Adham Amin Hassoun, a Lebanese-born Palestinian who worked as a computer programmer in Broward County, Fla.
Al-Timimi is serving life in prison.
Hassoun is charged along with four others with being part of a North American cell dedicated to supporting violent Muslim extremists worldwide. He is awaiting trial in Miami.
I think this is just the first of many more challenges to come.
The actions of the Dems and their acolytes in the media are going to cause many of these situations, leading to terrorists being set free...but don't you dare question their patriotism!
The get some popcorn and watch the Lefts heads explode.
He should be given two options: 1) Be tried using this evidence against him and ignoring the legality of the wiretapping, or 2) Be shot immediately as an enemy saboteur!
The defendant can call Schumer, Biden, Kerry, Kennedy, or any of the other left-wingers as witnesses. Any of them would be happy to sing his own version of "I Love Faris."
Whine, the Government found out I was going to blow up a bridge and arrested me, so I will sue them for stopping me.
How dare the Government stop me from doing what I wanted to do.
So, this proves that the spying actually IS WORKING!!! Somehow, I don't see the media giving this case much coverage...
He looks just like Freddie Fender - always wondered what happened to him !!!!!
I have great sympathy for these terrorists..I mean..spying on possible terrorists..is this the country they have come to terrorize??
Let me get this straight...They are permitted to question the war (freedom of speech) but I am not permitted to question their patriotism?
If a criminal is guilty of a crime, the process of gathering evidence does not change the guilt or innocence. If the evidence was illegally obtained, then the person who obtained it should be prosecuted for his/her crime. It should have absolutely no bearing on the guilt of the criminal. This is one of the major faults of our current legal system.
We are WAY too concerned about protecting the "rights" of the guilty and not concerned enough about protecting the rights of the victims. In this case that includes the law-abiding citizens of the USA whose civil rights are infringed every day when they are forced to modify their behavior to accomodate criminals. That includes airline checks, fear of walking alone at night or in certain neighborhoods, reluctance to visit particular cities...
The burden of proof lies with the plaintiff ... so, HE needs to prove it. And that's not very likely.
That's correct, sir. Their "patriotism" is beyond question...just ask them, they'll let you know.
Mr. Faris, Freddy Fender called. He wants his look back.
It will be a big letdown if that intercept wasn't part of an "unconstitutional" NSA program but was actually authorized by a court order. All he'll have left is the ever-reliable "my first lawyer was an idiot" argument.
I'm so glad we treat terrorism as a police matter for the courts. Now we get to spend tons of money keeping these people locked up.
"Lyman Farris' Day Off"
"Attorney David Smith", no wonder so many people hate lawyers!
Yep, it's working and the Prez mentioned that it had stopped some attacks, during his SOTU speech. The MSM pointed out how he defiantly defended the plan, but tended to omit the part that pointed out it has already had some successes in stopping the bad guys.
The feds better mover RIGHT NOW and start arresting, charging, trying and convicting people for TREASON. I suggest they start by raiding the NY Times and Wash Post newsrooms.
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