Military Translating Wiretap Not Violation, Judge Rules
A federal judge ruled Friday that the government's use of military personnel to translate wiretaps of accused terrorist supporter Sami Al-Arian is not a violation of the Posse Comitatus Act, which prohibits using the Army or Air Force to execute U.S. laws.
Al-Arian's motion, filed in October, was one of four seeking to dismiss various aspects of a superseding indictment handed up against Al-Arian, a former University of South Florida professor, and three co-defendants. They are accused of being U.S.-based organizers for the Palestinian Islamic Jihad, which is responsible for suicide bombings and militant acts in Israel.
In his ruling, Judge James S. Moody Jr. wrote that Al-Arian's motion did not cite even one case that authorizes a dismissal of criminal charges under these circumstances. ``On the contrary,'' Moody added, ``courts have routinely denied as a remedy the dismissal of criminal charges when a violation of the [Posse Comitatus] Act is found.''
William B. Moffitt, Al-Arian's attorney, did not return a call seeking comment.
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