Review Sought of Classified NSA Surveillance Order in Albany Mosque Case
In January, criminal defense lawyer Terry Kindlon of Albany, NY filed the first motion to dismiss criminal charges in a terrorism case based on Bush's warrantless electronic surveillance program. His motion alleged:
"The government engaged in illegal electronic surveillance of thousands of U.S. persons, including Yassin Aref, then instigated a sting operation to attempt to entrap Mr. Aref into supporting a nonexistent terrorist plot, then dared to claim that the illegal NSA operation was justified because it was the only way to catch Mr. Aref," Kindlon's motion said.
On March 11, the Judge issued a one page order denying Terry's motion but refused to share his reasons -- he designated his order "classified."
Terry has now sought the intervention of the Second Circuit Court of Appeals in a mandamus action, seeking an order compelling the Government to disclose whether his clients were the subjects of NSA surveillance. It is the first case about the NSA surveillance to reach a federal appeals court.
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