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Motions Heard in Oregon Five Terror Case

Bump and update: The Judge has denied the defense request for disclosure of details of the FISA wiretaps and bugs.

Via Cursor, here is some earlier coverage of the case.

Posted earlier today:

It's been a while since we've heard about the five defendants in the Portland Oregon terror case. Four of the defendants are alleged to have traveled to China in late 2001 with the intent of getting to Afghanistan to join the Taliban and al-Qaeda in the fight against the U.S. The fifth defendant, who is the ex-wife of another of the suspects, allegedly wired money to her ex-husband to support the group's efforts. A sixth defendant is a fugitive.

The case is in the news today, as a two-day motions hearing is wrapping up.
A federal judge ordered federal prosecutors Tuesday to reveal how much they paid an informant who recorded evidence during a terrorism investigation that led to the arrest of five Portland residents. U.S. District Judge Robert Jones also ordered U.S. Attorney Charles Gorder to reveal whether Khalid Ibrahim Mostafa, an Egyptian-born mechanic, had worked as an informant before and for which law enforcement agencies.
The defense also sought files from Guantanamo Bay prisoners. Although the Judge denied the request, he asked the prosecutors to assure him that no evidence obtained from the Guantanamo detainees would be brought into court. Another important defense challenge is underway in the case.
Defense attorneys plan to challenge evidence collected under the warrants issued by the ultra-secret Foreign Intelligence Surveillance court, or ``spy court.'' The Foreign Intelligence Surveillance Act was passed in 1978 as a way to fight Cold War espionage. Attorneys are also challenging aspects of the USA Patriot Act, which was passed in the aftermath of the Sept. 11 attacks. It expanded the spy court's power.
The use of secret surveillance permeates the case.
The case built slowly beginning shortly after Sept. 11, 2001, when several men were spotted wearing robes and turbans and target practicing in a gravel pit in Skamania County, Wash.

That prompted round-the-clock surveillance by FBI teams, in part using 36 ultrasecret warrants handed down by the Foreign Intelligence Surveillance Act court.

The disputed evidence includes the Federal Intelligence Surveillance Act warrants. Also presented as evidence in the case were 7,500 pages of FBI reports and 75 compact disks containing recorded conversations a government informant had with Battle and Ford.
More of our earlier coverage of this case is here and here.

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