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unhappycamper Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-28-07 08:38 AM
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Former sailor in terror case disputes evidence
Former sailor in terror case disputes evidence
By John Christoffersen - The Associated Press
Posted : Tuesday Nov 27, 2007 18:23:11 EST

NEW HAVEN, Conn. A former Navy sailor charged with supporting terrorism by disclosing secret information about the location of Navy ships and the best ways to attack them says evidence against him was illegally obtained and should be thrown out.

Hassan Abu-Jihaad is citing a ruling by a federal judge in Oregon in September that struck down key portions of the USA Patriot Act as unconstitutional. U.S. District Judge Ann Aiken ruled the act cannot be used to authorize secret searches and wiretapping to gather criminal evidence instead of intelligence gathering without violating the Fourth Amendment ban on unreasonable searches and seizures.

The Bush Administration is appealing that ruling.

Abu-Jihaad says any intercepted telephone calls and searches of his e-mails that were authorized by the U.S. Foreign Intelligence Surveillance Court violated the Fourth Amendment. The Foreign Intelligence Surveillance Court is a federal court charged with overseeing requests from the FBI and others for warrants against suspected foreign intelligence agents.

Abu-Jihaads attorneys filed a motion Tuesday in U.S. District Court in New Haven seeking an order suppressing any evidence obtained by electronic surveillance or physical searches authorized by the surveillance court. They say prosecutors notified them they intend to use such evidence, but have not provided details.

If the government wanted to investigate the possible commission of a crime by Mr. Abu-Jihaad in the past, it should have invoked traditional law enforcement techniques that would have afforded Mr. Abu-Jihaad all of the Fourth Amendment protections to which he is entitled, Abu-Jihaads attorneys wrote.

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