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Brooklyn Bridge Terror Defendant Files Motion Challenging NSA Wiretaps

By Jeralyn, Section War on Terror
Posted on Fri Feb 03, 2006 at 08:33:33 PM EST
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A second criminal defense lawyer has filed a motion challenging the NSA warrantless wiretaps. Talkleft wrote here about Albany lawyer Terry Kindlon who filed the first such motion. David Smith of Alexandria, VA, another excellent defender is now representing Iyman Faris, the trucker from Ohio who pleaded guilty to planning to take down the Brooklyn Bridge.

A motion filed by Faris' attorney David Smith in U.S. District Court in Alexandria, Va., argues that investigators improperly obtained evidence against Faris and that his trial lawyer was ineffective.

Given the likelihood that Faris' phone conversations or e-mails had been electronically monitored, Faris' trial lawyer, Frederick Sinclair, should have asked for evidence of such surveillance, Smith said in the motion. "Had he done so, the government would have been in a real bind and this would have enabled Faris to, at a minimum, negotiate a much more favorable plea bargain," the motion said.

....At his sentencing, prosecutors acknowledged that federal agents were led to Faris by a telephone call intercepted in another investigation.

The challenges are going to be multiplying rapidly. Here's who reportedly is next on deck:

A lawyer for Ali al-Timimi, an Islamic scholar in northern Virginia serving a life sentence for exhorting followers to fight U.S. troops, has said he plans to challenge his case based on NSA involvement. So has an attorney for Adham Amin Hassoun, a Lebanese-born Palestinian living in Florida who is charged with being part of a cell dedicated to supporting violent Muslim extremists.

Al-Timimi is represented by another TalkLeft pal and fearless defender, John Zwerling of Alexandria, Virginia.

I reported on others considering challenges here.

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    • Brooklyn Bridge Terror Defendant Files Motion Challenging NSA Wiretaps | 21 comments (21 topical)
    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#1)
    by squeaky on Fri Feb 03, 2006 at 08:52:11 PM EST
    ...planning to blow up the Brooklyn Bridge
    Wasn't he trying to take it down using a blow torch?

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#2)
    by Talkleft Visitor on Fri Feb 03, 2006 at 09:33:53 PM EST
    Thanks, Squeaky, I corrected it.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#3)
    by squeaky on Fri Feb 03, 2006 at 09:53:23 PM EST
    TL-it is a minor point except it really isn't. This guy is the NSA's poster boy for arguing that America is safer because of these wiretaps. Taking down the BB with a blow torch????? I feel safe now. Also he wasn't caught by the NSA wiretap anyway.
    the alleged Brooklyn Bridge plot was discovered not because of any warrantless NSA wiretapping but based on "overseas source information that Mr. Faris had been tasked to go and look at the Brooklyn Bridge as a possible target of an attack by Al Qaeda."
    the left coaster

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#4)
    by Talkleft Visitor on Sat Feb 04, 2006 at 04:21:34 AM EST
    If any lawyer defending one of these "terrorist" cases wants copies of our motion papers, memoranda, related materials, etc., he or she should contact me at TKindlon@aol.com and I'll be happy to send along what I have. This is Big, it may be the Administration's achilles heel and we criminal defense lawyers with appropriate cases need to focus our efforts on making the legal argument that warrantless wiretaps are--plain and simple--unlawful and unconstitutional and that the criminal prosecutions arising such unlawful governmental activity must be dismissed. Every time I hear President Bush spin the Rove-driven public relations fantasy that he needs to violate the law to protect us from "terrists" I have an urge to read him the Miranda warnings. tk

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#5)
    by Edger on Sat Feb 04, 2006 at 06:39:00 AM EST
    I have an urge to read him the Miranda warnings. tk I and a few friends would be happy to help hold him down while you read him those rights that he appears to think no one else deserves, Terry. ;-)

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#6)
    by jimakaPPJ on Sat Feb 04, 2006 at 10:41:20 AM EST
    The troublesome thing to me in these matters is that no where do I see a denial of guilt.
    ....At his sentencing, prosecutors acknowledged that federal agents were led to Faris by a telephone call intercepted in another investigation.
    These are not robberies of QuickiMarts. The public will find these challenges curious, and in the long run, the challenges may do more harm than good.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#7)
    by squeaky on Sat Feb 04, 2006 at 10:51:14 AM EST
    ppj-
    ....At his sentencing, prosecutors acknowledged that federal agents were led to Faris by a telephone call intercepted in another investigation.
    Yes that was rather embarassing as that other investigation had a warrant through the FISA court.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#8)
    by aw on Sat Feb 04, 2006 at 01:09:43 PM EST
    The public will find these challenges curious, and in the long run, the challenges may do more harm than good.
    Well, I am one of the public and I have a rudimentary understanding of what is legal and constitutional. I can also make a feeble connection like, "if they can do it to them, they can do it to me." Just who will be harmed by following the law? Who will be harmed if we don't? You and me. I think the "public" can grasp that.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#9)
    by squeaky on Sat Feb 04, 2006 at 01:53:11 PM EST
    JRT- you haven't clue. Go back to your TV and watch somemore hate. We don't need it here.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#10)
    by Talkleft Visitor on Sat Feb 04, 2006 at 07:11:50 PM EST
    I loved this on the Lehrer PBS Newshour 01/20/2006:
    DAVID BROOKS: ...but apparently they did intercept this plot to destroy the Brooklyn Bridge... MARK SHIELDS: ...Just one point: The administration continually refers to this fellow picked up in Columbus, Ohio, with a plan to destroy the Brooklyn Bridge. His plan to destroy the Brooklyn Bridge began and ended with a blow torch. He was going to burn down the cables. Now, Jim, this is not a realistic plan to bring down the Brooklyn Bridge-- DAVID BROOKS: There were box cutters on 9/11. MARK SHIELDS: With a blow torch? What are you going to do, cable by cable? I mean, it was just absolutely bizarre.
    David Brooks. The reasonable conservative.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#11)
    by Sailor on Sat Feb 04, 2006 at 07:50:38 PM EST
    Would any of you have supported a searching Moussaoui's laptop?
    Sure dude, everyone knows italians have the best porn;-)

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#12)
    by jimakaPPJ on Sat Feb 04, 2006 at 08:07:51 PM EST
    et al - I understand the argument, and some judges may have to determine the "legality" of the issue. My point was simple. It is possible to win a battle and lose the war. Again. I see no claim of innocence. Neither will the public.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#13)
    by Talkleft Visitor on Sun Feb 05, 2006 at 02:57:15 AM EST
    If memory serves, Miranda wasn't innocent either, nor did he ever claim to be. Nonetheless, the "Right to Counsel" legal principle named after him that every school child knows about protects all Americans, even JimakaPPJ, who probably would have had one of those "Impeach Earl Warren" bumper stickers on his pickup back in the day. Justice Brennan once observed how ironic it is that the criminals among us, because of the judicial decisions in their cases, are responsible for establishing, or reinforcing, every citizen's rights. The point, in the current FISA debate, is not whether or not it's OK to wiretap terrorists--FISA makes it clear that it is OK, as long as the government follows the very easy instructions contained in the law--the point is whether or not the President is going to act in accordance with established law, which all thoughtful Americans think is a good idea, of whether he and his little friends are going to violate the law and the constitution, like a bunch of in-your-face-you-can't-handle-the-truth thugs on a tabloid tv show. We know, from five years of watching, that they feel perfectly justified in operating outside the law, freed from the constraints of checks-and-balances, the constitution, established law and, let's face it, Common Sense, and the time has come for the responsible people in this country to stop them.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#14)
    by Edger on Sun Feb 05, 2006 at 04:07:59 AM EST
    Terry: how ironic it is that the criminals among us, because of the judicial decisions in their cases, are responsible for establishing, or reinforcing, every citizen's rights. That is exactly the point that people who would display "Impeach Earl Warren" bumper stickers miss. That they have no rights unless they stand up for them for everyone.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#15)
    by Talkleft Visitor on Sun Feb 05, 2006 at 05:23:16 AM EST
    edger--Amen to that. I've always believed that one of the most important jobs of the criminal defense lawyer (if not The Most Important Job) is to protect the rights of everybody, regardless of how rich or poor, innocent or guilty that person may be. (That's why the National Association of Criminal Defefnse Lawyers recognize that they're "Liberty's Last Champions.") To do less corrodes the intergrity of the system, and, once the system loses its integrity, everything goes right to hell. The "Impeach Earl Warren" crowd, who are still out there, louder than ever, didn't get that back in the day and sure don't get that now.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#16)
    by Edger on Sun Feb 05, 2006 at 05:44:25 AM EST
    The "Impeach Earl Warren" crowd, who are still out there, louder than ever, didn't get that back in the day and sure don't get that now. I dunno what their problems are Terry. Maybe there's something in the water these days affecting their brains? I get so frustrated with people who can't or won't think, you know? Look over here for an example of what I mean. I have to hand it to you, and lawyers like you, for continuing to press on fighting even for people like that. Thanks for being you. We'd sure be in a much worse mess without you.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#17)
    by Talkleft Visitor on Sun Feb 05, 2006 at 07:58:05 AM EST
    Ed: Maybe there's something in the water these days affecting their brains? Flouridation?
    ...And I can no longer, sit around and allow Communist subversion, Communist corruption, and Communist infiltration of our precious bodily fluids. ---Col. Jack Ripper, in Dr. Strangelove
    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#18)
    by jimakaPPJ on Sun Feb 05, 2006 at 08:06:00 AM EST
    et al - One more time. I see your point. My point remains. We live in difficult times. You can win the battle and lose the war. Blunter. If you appear to be using what the general public will see as "technicalities," don't be surprised if you wind up losing them. Plainer. You may think you won the Schiavo war. You didn't. You won a battle.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#19)
    by squeaky on Sun Feb 05, 2006 at 09:09:57 AM EST
    ppj
    If you appear to be using what the general public will see as "technicalities," don't be surprised if you wind up losing them.
    Translation: PPJ and the wingnut sponsored media will bombard us with deceptive reporting that replaces the words "fourth amendment" and "constitutional protections" with the words "mere technicalities." Go for it PPJ. I see you are on a mission.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#20)
    by Edger on Sun Feb 05, 2006 at 09:55:49 AM EST
    You didn't. You won a battle. There was a guy named Aesop once who wrote a story about a tortoise and a hare. One Battle At A Time.

    Re: Brooklyn Bridge Terror Defendant Files Motion (none / 0) (#21)
    by Sailor on Sun Feb 05, 2006 at 12:17:55 PM EST
    Of sourse, I should have realized that the US Constitution is a 'technicality', just like the GenCons are 'quaint.'

    Brooklyn Bridge Terror Defendant Files Motion Challenging NSA Wiretaps | 21 comments (21 topical)