Thursday, September 12, 2013

13-09-12 NSA ripple effects in criminal prosecutions

TPMDC

Feds Fight To Prevent NSA Disclosures In Criminal Cases

DYLAN SCOTT SEPTEMBER 12, 2013, 6:00 AM 7719 
Solicitor General Donald Verrilli and Sen. Diane Feinstein have put federal prosecutors in quite a bind after they made public comments about the use of secret NSA surveillance in terrorism investigations.
Now defense attorneys in a Florida case are turning the words of those top officials against prosecutors, urging a federal court to force the federal government to disclose whether it obtained evidence against their client through a 2008 amendment to the Foreign Intelligence Surveillance Act, known as FAA, which has been at the center of the Edward Snowden leaks.
In a Tuesday filing (see below), attorneys for Raees Alam Qazi — who was charged with planning to blow up a bomb in New York City last December — argued that federal prosecutors were obligated to disclose to them if secret surveillance had been used in the investigation.
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