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Home Front
Bungling the war on terror
2003-12-11
From Jihad Watch, EFL
In Florida, some documents have been shredded relating to the prosecution of Sami Al-Arian, the former professor who is accused of running a Palestinian Islamic Jihad cell in Florida. It was an accident, says the clerk’s office for the Middle District of Florida, but it could severely damage the prosecution’s case.
Understatement. It could blow the case.
The documents in question: "three warrants and an affidavit that allowed investigators to search the home and offices of Sami al-Arian in 1995." On these depend "thousands of pieces of evidence gathered during the 1995 searches of al-Arian’s home and offices -- coupled with bank records and intelligence wiretaps that were declassified last year," all of which "helped bolster the U.S. Department of Justice’s case against him, officials said."

The defense is taking full advantage: "’We simply don’t know whether the search and seizures were constitutional, but we have a right to know and we’re going to find out,’ said Tampa lawyer Linda Moreno, who along with Washington, D.C., attorney William Moffitt is representing al-Arian."

In fact, this could be a major boon for Al-Arian: "Legal experts said al-Arian’s attorneys may have been handed a big break in what many view as a daunting case -- one that includes 20,000 hours of wiretapped conversations. . . . Miami lawyer Richard Strafer, a criminal appellate expert, said al-Arian’s legal team could capitalize on the mistake because the initial warrants and affidavit formed a foundation for the overall indictment. ’The goal is to find the first illegal [warrant] and the dominoes start falling because everything becomes tainted,’ Strafer said."

Meanwhile, in Georgia, "the criminal proceedings against Capt. James J. Yee, the former Muslim chaplain at Guantánamo Bay, Cuba, fell into confusion on Tuesday and stalled as the military prosecutors asked for extra time to determine whether documents that were found in Captain Yee’s luggage when he was leaving the base were, in fact, classified."
What in the hell is everybody doing? This is madness! We are our own worst enemy.
Posted by:Alaska Paul

#6  Yup CF--Katherine Harris is hard on the case! LOL
Posted by: NotMikeMoore   2003-12-12 12:32:58 AM  

#5  Whooops!!

Is anyone investigating how these documents were shreadded?
Posted by: CrazyFool   2003-12-11 11:08:06 PM  

#4  I think what is happening is that the Jihadi's are smart to the system, they know how to use our laws against us.
Thus preventing us from investigating them legally and prosecuting them.
It's evidently, judging by todays news of the release in Germany and this, a huge problem.
Posted by: TS   2003-12-11 7:49:18 PM  

#3  With over 23 years in criminal law I have seen lots of stupid things, including messed up prosecutions, but this makes the DA from "My Cousin Vinny" look great.
Posted by: Sgt. D.T.   2003-12-11 6:30:42 PM  

#2  I'm not a conspiracy theorist or Area 51 junkie, but it sorta appears that this case is being sabotaged by someone. There are alot of resources that have been expended to build this case and now it seems that it may crumble into dust.
Posted by: Alaska Paul   2003-12-11 3:21:22 PM  

#1  John Loftus was on "Bachellor & Alexander" (WABC Radio) talking about this case, and he says he has a valid copy of the affadavit. BUT, something smells incredibly fishy about this.
Posted by: seafarious   2003-12-11 3:09:27 PM  

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