The Obama DOJ (and the majority of the administration at this point) are essentially foreign entities. via Judge Suspends Sentencing Of Would-Be Bomber After NSA Revelations
The sentencing of a Somali-American man convicted of trying to bomb a holiday tree-lighting ceremony in Portland, Ore., in 2010 has been put on hold indefinitely. That move comes just days after the Justice Department notified his lawyers that part of the case against him had been “derived from” secret NSA electronic surveillance.
Both sides met Tuesday in the chambers of U.S. District Judge Garr King to discuss next steps. The judge later issued a public order delaying the sentencing of Mohamed Osman Mohamud, which had been scheduled to take place Dec. 18.
“If sentencing remains appropriate, the court will reset the sentencing hearing,” after it rules on motions from federal public defenders Stephen R. Sady and Lisa Hay, the judge’s order said.
The move could foreshadow months or even years of legal wrangling, if the case becomes a vehicle to challenge the constitutionality of once-secret NSA monitoring of overseas email and social media accounts.
The Supreme Court this year turned back a challenge to surveillance law by a group of human rights workers, lawyers and reporters because they could not demonstrate they had been monitored or subjected to any harm. But the fresh disclosure to Mohamud and a series of other defendants in cases where U.S. prosecutors used secret surveillance could help overcome that hurdle.
Defense attorneys Sady and Hay will file court papers seeking discovery from prosecutors early next year. The defense lawyers had no comment on the latest developments in the case. But the heart of their arguments to the Portland jury that convicted Mohamud was that undercover FBI agents entrapped him using a phony fertilizer bomb.
Mohamud, 22, has been living in federal custody in northwest Oregon.
We know this is an NPR piece, but what exactly does “living in federal custody” mean? Other than taxpayer funded halal meals and free Korans.
More from Russian propaganda TV: Would-be bomber’s sentencing delayed due to warrantless wiretap-obtained evidence
The prosecution had filed a notice with the court last Tuesday, November 19, acknowledging for the first time that intelligence collected through a FISA-authorized warrantless wiretap was “offered into evidence or otherwise used or disclosed in proceedings,” which concluded this past January when a jury found Mohamud guilty of attempting to use a weapon of mass destruction.
FISA authorization – backed by Obama and Holder – negates the need for a warrant so this is likely to drag on into a bigger debate on surveillance.
The fact that another Muslim wanted to kill thousands of Americans in the name of Islam and Allah, and thought he actually was about to, will be lost in the legal fray. The last-minute DOJ manipulation in this case – already nearly three years old – of an insignificant but willing jihadi pawn will result in either legitimizing the NSA run amok or freeing a Muslim to wage jihad again. Or both.
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