From Muhtarov's complaint:
The FBI has been investigating Jamshid MUHTOROV based on his communications with www.sodiqlar.com website administrator and Islamic Jihad Union ("IJU") facilitator "Muhammad." "Muhammad" is known as "Abu Muhammad." (Hereafter referred to as Muhammad in this "Facts ofthe Case" section) MUHTOROV communicated with Muhammad using at least two email addresses through the IJU -affiliated email address sodiqlar@gmail.com. MUHTOROV's two email addresses are ***** and *****. Pursuant to court authorization, the FBI obtained the email communications for both of these accounts.
Additionally, pursuant to court authorization, the FBI obtained communications originating from MUHTOROV's phone lines. FBI lawful search and surveillance has shown that the email address
***** is associated with and used by Jamshid Muhtorov. The FBI lawfully discovered that these email accounts are regularly accessed through a Sony Vaio laptop computer with a Toshiba hard drive, serial number ******. Additionally, through legally authorized methods, the FBI learned that the mobile phone used by MUHTOROV is an Android Blackberry with the telephone number ******.
Muhtorov quit his truck driving job in January, 2012, planning to fly to Turkey. He was arrested at the airport in Chicago before boarding his flight. A few months later, Jumaev was arrested in Philadelphia and added to the case.
Another difference between the cases is that Kurbanov was allegedly providing support to the Islamic Movement of Uzbekistan, while Muhtorov and Jumaev were allegedly providing support to the IJU, which is an offshoot of the IMU. Opinions seem to vary on the current connection (if any) between the groups and whether one or both are affiliated with al Qaida. Some say both groups have expanded their sights past Uzbekistan, others disagree and say one or the other of the groups is all but dead. That's a discussion that is way beyond my skill set.
What does seem apparent in both cases (as in many other recent cases) is that none of these individuals were planning attacks in the United States or against Americans.
Jumaev's lawyer equated the secrecy of the FISA information to Kafka.
Josef K., the tragic protagonist in Franz
Kafka's The Trial, was arrested by two agents "one fine morning" and spent a nighmarish year in jail waiting to stand trial. He had no idea of the charges against him or what secret court authorized the process that led to his arrest. One year later, two agents again came for the unknowing Josef K and took him to a quarry outside of town. There, he was executed. Surely Josef K. would sympathize with the not too dissimilar circumstances confronting defendant Jumaev.
Yesterday's FBI's press release on the arrest of Kuranov credits the Joint Terrorism Task Force in Colorado, among others.
“Today’s arrest and these indictments underscore our commitment to aggressively and thoroughly investigate those who conspire to engage in unlawful terrorist activities,” said U.S. Attorney Olson. “The thorough and exhaustive work of our JTTF, in partnership with our investigating and prosecuting partners in Utah, Colorado, and at the National Security Division, put a stop to this criminal activity and ensured the public’s safety. (my emphasis)
Did the secret FISA searches used in Muhtorov's case lead to Kurbanov? We may never know. Here is the court's order denying disclosure and suppression of the FISA material in the Muhtorov case.
On April 30, 2013, DOJ submitted this letter to Senator Harry Reid as its report on the number of FISA applications in 2012. There were 1,856 applications to the FISA court for electronic and physical searches. Of them, 1,789 were for electronic surveillance. All but one (which the Government withdrew) were granted. There were also 212 requests to the FISA court for business records. None were denied. More than 15,000 requests for National Security Letters were submitted, seeking information on more than 6,000 U.S. persons. This number does not include requests for telephone subscriber information (for which no reporting requirement exists.)