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US Terrorist Conviction Appealed Over Use of NSA Data (independent.co.uk) 101

The Independent newspaper reports that the warrantless NSA surveillance programs revealed by Edward Snowden are facing a constitutional challenge in court for the first time: Lawyers for Mohamed Mohamud have argued that surveillance evidence used to convict the Somali-American man, found guilty of plotting to bomb a Christmas tree-lighting ceremony, was gathered in a manner that was unconstitutional. The lawyers laid out their arguments on Wednesday before a panel of judges of the 9th US Circuit Court of Appeals in Portland, close to the plaza where Mohamud tried detonating a fake bomb that was part of an undercover operation...

Stephen Sady, Mohamud's lawyer, urged the court to grant his client a new trial on the grounds that the evidence used against Mohamud should never have been permitted in the courtroom. Mr Sady told the judges that using surveillance information on foreigners, which does not require a warrant, to spy on any Americans they communicate with was "an incredible diminution of the privacy rights of all Americans⦠That is a step that should never be taken."

Last year saw a record number of wiretaps authorized by state and federal judges -- 4,148, more than twice as many as the 1,773 that took place in 2005 -- and not a single request was rejected. (More than 95% were for cellphones, and 81% for narcotics investigations.) But The Independent notes that U.S. law enforcement officials have admitted they also "incidentally" collect information about Americans without a warrant, and then sometimes later use that information in criminal investigations. In Mohamud's case, which dates back to 2010, "There's no doubt he tried to explode a car bomb in America," writes Slashdot reader Bruce66423, arguing that this case "elegantly demonstrates the issue of how far legal rights should overwhelm common sense."
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US Terrorist Conviction Appealed Over Use of NSA Data

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  • Scope creep (Score:5, Insightful)

    by Anonymous Coward on Saturday July 09, 2016 @04:49PM (#52479647)

    (More than 95% were for cellphones, and 81% for narcotics investigations.)

    This is the real news here. The vast sweeping surveillance powers that the government granted itself for "national security" reasons, and that they double pinky swore would only ever be used for terrorism investigations, are now routinely being used for drug cases and other things that have ZERO to do with national security. It's not like this wasn't predicted. The surveillance needs to stop.

  • The article states the evidence was "gathered in a manner that was unconstitutional." I hate to state the obvious, but isn't trying to blow people up unconstitutional??? ..or something???
    • by Anonymous Coward

      Murder is unconstitutional... Doesn't mean you can use a confession made under torture to convict.

      • by Anonymous Coward

        No - trying to blow people up is not unconstitutional.
        No - murder is not unconstitutional.

        Most of the constitution deals specifically with the form our government takes, such as the three branches of our government.
        Generally, when most people talk about unconstitutional, they are talking about our constitutional rights, such as the freedom of speech.

        What the constitution does does is establish the process by which federal, state and local governments can enact legislation that makes things like 'trying to b

      • by sconeu ( 64226 )

        Not quite. The Constitution is a limit on the powers of the us.gov.

        Murder is illegal, not unconstitutional. Unless the killer is acting in a government capacity, in which case the 4th Amendment might apply (see #blacklivesmatter for details, though).

    • by OzPeter ( 195038 )

      The article states the evidence was "gathered in a manner that was unconstitutional." I hate to state the obvious, but isn't trying to blow people up unconstitutional??? ..or something???

      That pesky rule of law thing always gets in the way.

    • The two guys who were training him for a year, radicalizing him and providing him with a trigger to pull at the right moment, were in fact FBI agents. So was he *really* going to bomb anybody or did they put this thought into his mind and the evidence on his lap? Entrapment is a tricky thing, and especially in this case if it indeed involved unconstitutional wiretapping.

    • by HiThere ( 15173 )

      Actually, trying to blow people up isn't unconstitutional. The writers left that kind of law up to the states.

  • by jxander ( 2605655 ) on Saturday July 09, 2016 @05:17PM (#52479819)

    I find myself rooting for the terrorist to win, and I'm ok with that.

    And I am NOT ok with that.

  • Freedom for "criminals" is just collateral damage from abusing the law. That's just too fucking bad. Maybe, if they would stick to prosecuting terrorists instead of chasing drugs and gambling, we could say, *carry on*.

    On the other hand, the other AC's point of charging the officers for violating the constitution instead of letting the guilty go is right on!

  • Can we get Stephen Sady thrown in jail for aiding and abetting a known terrorist?

    I mean yeah we have evidence that shouldn't have been entered, but it none the less points to a guilty verdict of someone planning to commit a terrorist act. It's one thing if the guy admitted guilt under the duress of torture which we know leads to false convictions, but it sounds as though he's trying to get his conviction over turned on a technicality.

    I hope he wins and walks free.
    I then hope the lawyer becomes the next vict

  • It's quite simple: If they upheld the law they swore to uphold, they would not be stuck with bogus evidence now.

    There is by no means any shortage of very valid evidence they could get. It does take a little more work, though, they tried to pull a fast one, hoping that the towelhead can't afford a lawyer who could bail him and they lost. Sucks, but that's the logical consequence if you try to fudge.

    The police has an incredible arsenal of very legal and very effective ways to gather evidence and even get a lo

  • This guy was never really a threat. Some undercover agents started asking around who wanted to plant a bomb. This genius said ok and the FBI made a fake bomb and let him press the button. He never would have done this by himself. Sure he deserved to be locked up but this was hardly some mastermind they captured.

  • by Anonymous Cow Ward ( 4161549 ) on Monday July 11, 2016 @09:25AM (#52488759)
    So, first off - I think this guy is clearly guilty. That being said, any evidence that isn't gathered properly should never be allowed in the courtroom. Given that it's the 9th Circuit though - and the shitty rulings they've been making for a long time now - I doubt they'll do the right thing.

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