As far as his chances in court, I think it unlikely that any of the five defendants stands much of a chance of being acquitted. The reaction I have experienced to my involvement has led me to believe that the American public has little patience for niceties like due process and the rule of law. This case will be used by the government, likely with some success, to generate further fear in the public and to further marginalize Islam and its followers. Our government wants to set Islam up as the enemy communism used to be in order to justify the never-ending war in which we are currently engaged.

The defendants are, therefore, nothing more than an afterthought at this stage. They are props in the government’s tragedy and will be used according to script to paint a picture of threat, aggression, and extremism where the truth may be far from the government’s desired perception. The government’s efforts are helpful to the government, but of potentially great harm to the Republic. We as a nation clearly cannot financially afford the war on terror and our reluctance to reinstate the draft demonstrates quite clearly the public’s real thought about the war(s).

Fenstermaker also explains why he won't be representing his client in the federal trial.