August 04, 2009

FISA Evidence Key Against North Carolina Jihadis

WRAL reports that the Willow Springs, NC men seven men arrested on terrorism charges have a court date this morning. The most interesting part of the story—which mainly recycles previously known information and expected security precautions—is what the key evidence against the men seems to be.

Nothing like burying the lede:

The charges against Daniel Boyd, the alleged ringleader of the operation, and the other suspects refer to buying guns and training in military tactics acts that by themselves aren't criminal as well as raising money and traveling abroad.

Kieran Shanahan, a Raleigh lawyer and former federal prosecutor,said electronic surveillance will play a key role in the case.

The U.S. Attorney's Office already has filed notices that it plans to use evidence gathered through the Foreign Intelligence Surveillance Act against each defendant. FISA sets out how intelligence on foreign agents in the U.S., including suspected terrorists, can be gathered.

It would be very interesting to know if the FISA evidence to be used in trial was done through the old/new FISA procedure, or through the streamlined program started by the Bush Administration that got lefties in such a huff. As Boyd has possibly been under surveillance for years, it is quite possible that both could have been used.

Will Eric Holder's Justice Department prosecute using ideologically "bad" evidence?

You bet they will.

Posted by Confederate Yankee at August 4, 2009 10:39 AM

Who is complaining. I don't get it?

Posted by: Rick at August 4, 2009 11:48 PM

Remember, in a conspiracy, 18 USC 371, any overt act in furtherence of the agreement between two or more people to comit a criminal act, including any legal act, is the completion of the conspiracy. The agreedupon illegal act need not be committed. Clearly the FISA surveillance will show the agreement among the two or more persons to the illegal act. The buying of the firearms is the overt act in furtherence of the conspiracy and completes it.

Posted by: Federale at August 5, 2009 10:39 AM