• TerrorismJudge rules use of NSA surveillance-based information in terrorist case is legal

    Lawyers for Mohamed Mohamud, a U.S. citizen who lived in Oregon, have been denied a motion to dismiss his terrorism conviction, with the court affirming the legality of the U.S. government’s bulk phone and e-mail data collection of foreign nationals living overseas. Mohamud’s defense team claimed the surveillance violated his constitutional rights, and that federal prosecutors did not make available to the defense evidence obtained via the surveillance. U.S. District Judge Garr King upheld Mohamud’s conviction, saying that suppressing the evidence collected through NSA surveillance “and a new trial would put defendant in the same position he would have been in if the government notified him of the (surveillance) at the start of the case.”

  • SurveillanceA first: Constitutionality of NSA warrantless surveillance challenged by terrorism suspect

    Jamshid Muhtorov, a refugee from Uzbekistan now facing terrorism charges in Colorado, is the first criminal defendant who, as part of his lawyers’ defense strategy, is challenging the constitutionality of the NSA’s warrantless surveillance program. Muhtorov filed a motion Wednesday in federal court in Denver to suppress any evidence obtained through the agency’s surveillance program on grounds that it was unlawful. In July 2013 the Justice Department reversed an earlier policy, and now informs defendants whether the case against them, in whole or in part, is based on information obtained through warrantless surveillance. To date, six months after the review process at Justice was launched, Muhtorov and Mohamed Mohamud, a Portland, Oregon teenager who had been convicted after an FBI sting operation of attempting to detonate a bomb at a Christmas tree lighting ceremony, are the only defendants to receive such a disclosure.

  • NSA surveillance leaksLawmakers criticize NSA leaker Edward Snowden

    Lawmakers were quick to criticize Edward Snowden, the 29-year old Booz Allen Hamilton employee who disclosed the NSA surveillance program to the Guardian and the Washington Post. House Intelligence Committee chairman Mike Rogers (R-Michigan) said the national security leaks would endanger American lives. Peter King (R-New York), chairman of the Homeland Security subcommittee on Counterintelligence and Terrorism, said of the leaks: “This is a matter of extraordinary consequence to American intelligence.”

  • SurveillanceMajor surveillance law heading toward its own end-of-year cliff

    While coverage of the tense negotiations over a resolution to the fiscal cliff threat has dominated the media, the Foreign Intelligence Surveillance Amendments of 2008 is heading for a cliff of its own, as the provisions of the act are set to expire at the end of the year

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