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New Hearing on Bail for "Buffalo Six"

After three days of bail hearings over a week ago, the Magistrate Judge in Buffalo had said he would rule October 3, on whether the six men charged with aiding Al-Qaeda by participating in a training camp in Afganistan would be granted bail.

On Friday, the Government filed another affidavit in the case, referring to casettes and documents found during the search of some of the suspects' homes. The Government claimed the new materials contained references to Islam and suicide bombings and established the men were dangerous.

So instead of ruling on the bail issue Thursday, the Judge held another hearing on the meaning of the new documents.

The Government said one document defended suicide bombings. Rodney Personius, the lawyer for the defendant whose home the document was seized from, argued the document was from the spring and summer of 2000, during "part of an inquisitive period" in the young man's life, when he was about to settle down with his high school sweetheart, a Christian, and decided to learn more about religion."

"The folder the document was found in, Mr. Personius said, contained nine other religious documents, also culled from the Internet, on various aspects of Christianity and Islam."

"The document itself, Mr. Personius said, concerned the war in Chechnya, and he presented the judge with an elaborate indexing system to show that the enemies referred to were Russians, not Americans."

The cassette tapes came up next. The Government filed a retraction as to one of the tapes it had claimed at the last hearing contained clerics' justifications for attacks. It turns out the tape "consisted entirely of quotes from the Koran and was "not inflammatory."

However, the Government persists in its claim that tapes found in the house of another suspect are incendiary, which the suspects lawyer denied Thursday, saying "it is a leap to take these tapes and argue their dangerousness," adding it was a "desperate attempt" by the government to twist their meaning.

The Judge said he will rule this coming Tuesday and remarked "It's not a black and white situation," he said. "There are serious constitutional issues here."

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