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US Terrorist Conviction Appealed Over Use of NSA Data (independent.co.uk)
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."
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."
The bomb was fake, so obviously he didn't attempt to kill Americans.
- These characters were randomly selected.
(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.
Yup.
"The bomb Mohamud had tried to detonate was fake. The test explosion was staged. There was no secret council of militant leaders seeking a gifted Somali-American teenager to wage jihad. Youssef and Hussein were undercover FBI agents."
https://www.buzzfeed.com/nicol...
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I HATE this expression. Having documents rejected because you used a blue pen instead of a black pen is a technicality. In this case, and nearly every case where you see this phrase - substitute police and/or prosecutors breaking the law. That's what this is. It is definitely NOT a technicality.
Youssef and Hussein were undercover FBI agents."
So these agents, paid with my tax dollars, recruited, trained, encouraged, and entrapped a teenager in a make believe crime when he would have otherwise been studying for his midterms. It is so wonderful to see how my government is keeping me safe.
So these agents, paid with my tax dollars, recruited, trained, encouraged, and entrapped a teenager in a make believe crime when he would have otherwise been studying for his midterms. It is so wonderful to see how my government is keeping me safe.
Yep, the very people that are supposed to be preventing this shit are actually the ones promoting it and facilitating it. The FBI agents should be on trial, in my opinion. This guy was a nobody who was essentially encouraged by the FBI into committing a criminal act.
If that's not entrapment, I'm not sure what is. It's certainly facilitating what the target thinks is a criminal act, even if it was all staged.
Just cruising through this digital world at 33 1/3 rpm...
Is it breaking the law to not detonate a bomb that doesn't exist?
It's all about intent as far as the court is concerned. It's illegal to sell fake weed or crack, even if you know it's fake.
But the real nugget is that the FBI manufactured and facilitated this whole thing from start to finish in order to be able to claim they caught a "terrorist". That's what this is really all about- upping their stats.
Just cruising through this digital world at 33 1/3 rpm...
So these agents, paid with my tax dollars, recruited, trained, encouraged, and entrapped a teenager in a make believe crime when he would have otherwise been studying for his midterms.
I doubt he would have been studying for his midterms. He would have just looked for another source of a way to attach infidels.
Based on what evidence you assert that assumption? This could have potentially been your standard angry young person that had trained professionals manipulating him and pushing him. I have always found the American acceptance of entrapment to be perplexing.
If that's not entrapment, I'm not sure what is.
You're not sure what entrapment is, then.
Entrapment is when the government agents make you commit a crime that you weren't otherwise willing to do. For example, if they threaten you or your family, that's entrapment. If they make you believe that what you're doing isn't actually a crime, that's entrapment. If they manipulate circumstances to where you believe you have absolutely no choice but to commit the crime, that's entrapment.
What is not entrapment is asking "Hey, are you willing to commit a crime?". It is also not entrapment to hand you the tools to commit the crime, and it's also not entrapment to drive you to a location for the crime, hand you the tools, and pay you a lot of money to commit the crime. Those things are not entrapment (though their legality may depend on having proper authorizations and approvals in place). You still have the option to avoid all criminal culpability by not doing the crime (though even if it turns out the tools they gave you were fake, what matters is that you thought they were real). If someone offers to help you and/or pay you to commit a crime, you can walk right down to the local police department and tell them all about it.
You do not have a moral or legal right to do absolutely anything you want.
The question is, why is this a common practice in the US?
Do they need more people in prison for slave work?
Do they get a bonus for case numbers?
Do they think catching a few unstable people benefits the society?
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