Friday, June 11, 2004

Acquittal in Internet Terrorism Case Is a Defeat for Patriot Act

It's comforting to know that 12 ordinary citizens can score one for freedom and the principals that our country is supposed to stand for. Here are excerpts of the article in the Los Angeles Times

Acquittal in Internet Terrorism Case Is a Defeat for Patriot Act
The case of Sami Omar Al-Hussayen, 34, in Boise had become a test of the scope of U.S. anti-terrorism laws, including a provision of the Patriot Act that targets secondary players.
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The verdicts point up a little-known reality of the Justice Department's war on terrorism since the attacks of Sept. 11, 2001. While it has won scores of highly publicized guilty pleas in terrorism-related cases — often by dropping the most serious charges — its trial record is mixed.

It has taken only two other major terrorism-related cases to trial since the Sept. 11 attacks, and at least some defendants have been acquitted in each.

In one case involving an alleged domestic "sleeper cell" in Detroit, the judge has threatened to throw out all three convictions because prosecutors allegedly withheld exculpatory information.
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He was eventually charged under a section of the Patriot Act that makes it illegal to provide "expert advice or assistance" to terrorists. The provision was declared unconstitutional by a federal judge in Los Angeles in January, although that ruling was not binding on the Idaho case.

"In some respects, this was the broadest reach in all of the government's anti-terrorism prosecutions," said David Cole, a Georgetown University Law Center professor.

"When President Bush and [Vice President] Dick Cheney say, 'You have not shown me a single abuse of the Patriot Act,' I think people can now say, 'Look at the Sami Omar Al-Hussayen case — a case where the government sought to criminalize pure speech and was resoundingly defeated.' "

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