Judge Gives U.S. Wiretap Response Deadline (Appointed by William Jefferson Clinton in 1993)

AP ^ | Febuary 9, 2006

[johnmecainrino]

Judge Gives U.S. Wiretap Response Deadline

COLUMBUS, Ohio (AP) -- A federal judge gave the government two months to respond to an Ohio trucker's request that his terrorism conviction be thrown out on the grounds that the government illegally spied on him.

U.S. District Judge Leonie Brinkema cited "the potentially weighty issues raised in the defendant's motion" in an order Wednesday that set a 60-day timetable for the government to respond to Iyman Faris' arguments.

Faris' challenge is among the first to seek evidence of warrantless electronic eavesdropping by the National Security Agency, a practice that began after the Sept. 11 terror attacks.

Government officials have reportedly credited eavesdropping with uncovering terrorist plots, including one by Faris to blow up the Brooklyn Bridge. Critics say President Bush didn't have authority to order the wiretaps, but he has staunchly defended the practice.

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Faris' attorney David Smith contends investigators improperly obtained evidence against his client, and that Faris' trial lawyer was ineffective, according to a defense motion filed in federal court in Alexandria, Va., last month.

Faris, 36, pleaded guilty in 2003 to conspiracy and aiding and abetting terrorism, and was sentenced to 20 years in prison. He has tried to withdraw his plea.

Prosecutors say Faris investigated, but finally ruled out, using a gas cutter to burn through the Brooklyn Bridge's suspension cables, and that he received attack instructions from top terrorist leader Khalid Shaikh Mohammed for what they suggested might have been a second wave of terror attacks in New York and Washington.

At his sentencing, prosecutors acknowledged that federal agents were led to Faris by a telephone call intercepted in another investigation.

[johnmecainrino]

Clinton comes back to haunt us again.

Clinton's 400 judges on the federal court are always carrying on their legacy of bubba.

They can't contain themselves from acting like the commies they are.

Too bad Perot voters had to give this nation so many bad judges.

[SolidSupplySide]

So the judge asked for the administration's point of view. What would you have preferred the judge do?

[yevgenie]

Re: Too bad Perot voters had to give this nation so many bad judges.

I did not vote for Perot, but if you need to blame someone, might I suggest you place the blame squarely on the dead and illegal aliens who turned out to vote for ------- [may his name be forever wiped from memory].

[peyton randolph]

Too bad Perot voters had to give this nation so many bad judges.

Perot gave us Justice Ginsburg too. Her husband is a tax lawyer who saved Perot big bucks. Perot recommended her to Clinton. Perot also endowed a chair at Georgetown Law in her husband's name. Schmuck.

[kimosabe31]

U.S. District Judge Leonie Brinkema cited "the potentially weighty....

Shouldn't that be Loonie instead of Loenie??

[Normal4me]

"Faris, 36, pleaded guilty in 2003 to conspiracy and aiding and abetting terrorism

So he didn't really do it now? This scumbag should be deported and shot upon arrival.

[Cboldt]

Brinkema has had some interesting cases. She's the judge that got wrapped up in the Scammentology copyright suits. She also has the Moussaui case, and has made a number of plaintiff-friendly rulings there.

I haven't studied her opinions, so am not in a position to comment on them. But it's smart to not prejudge the court, just based on which president made the nomination and appointment. And too, District Court judges typically involve very little presidential action (aside from formality) in selection.

[muawiyah]

Brinkema's doing this on his own. He's always been a problem ~ very pro-foreign, very, very anti-American.

Thinks wars are best fought by judges.

I don't understand why "W" didn't round this one, and several others, up on 9/12 "for the duration".

[darkwing104]

All the Government has to say is "Prove it"

They can't

[muawiyah]

Slight, but otherwise meaningless correction: "Brinkema's doing this on HER own".......... The rest applies.

[kimosabe31]

So the judge asked for the administration's point of view. What would you have preferred the judge do?

Kind of a stupid question doncha think? THROW FARIS AND HIS LAWYER OUT OF COURT ON THEIR ASS. Maybe even jail the lawyer for filing a frivolous appeal.

[TheHound]

U.S. District Judge Leonie Brinkema cited "the potentially weighty issues raised in the defendant's motion" in an order Wednesday that set a 60-day timetable for the government to respond to Iyman Faris' arguments.

Yes, I would say the Broklyn Bridge is a "weighty issue". He might have laughed and just let the conviction stand.

[SolidSupplySide]

Your position is that the Judge Brinkema should have pre-judged the case?

I'm quite sure the administration will argue that Faris' appeal is without merit. Given that Faris has already pleaded guilty leads me to believe that Judge Brinkema is quite likely to agree with the administration. But she should still not prejudge.

[gotribe]

It's a reasonable request by the judge. Let the feds make their case.

[iPod Shuffle]

Uh... what would you have the judge do? The judge gave 60 days to respond. That's a lot more time than is normally given (16 days!) to respond to motions in federal court.

[Roverman2K]

Too bad Perot voters had to give this nation so many bad judges.


I hear that, I wonder what would have happened if that freak had stayed out of it, the Siphoning off the votes gave clinton the election. How stupid are the people voting for that idiot.

[Roverman2K]

Nope sorry, voting for that guy out of spite knowing the election would go to clinton is not good. I voted for Buchanan in the primaries but held my nose and voted the party ticket.

[Chode]

SlickWillie strikes again...

[Dan Zachary]

All the Government has to say is "Prove it"

The last sentence of the article says that the prosecuter admits that federal agents intercepted a phone call that led them to Faris. Would be easy enough to find out if there was a warrant or not. I do not believe that it would matter though if the call was from outside the country. The way I understand it, it would then be a legal wiretap with or without a warrant.