Lawyer Says Difi's Claims on Spy Evidence Undercut Prosecutors

[dkf]

Ronald Chapman, the defense lawyer for Sheheryar Qazi, argues in the filing that the government’s claim suggests it may be concealing investigative trails to keep surveillance issues out of the courtroom.

“The government leaves a fundamental question unresolved: admitting, after months of denials, its general duty to provide notice… while refusing to explain or account for the testimony of Senator Dianne Feinstein’’ that indicates NSA surveillance “contributed to Mr. Qazi’s arrest and prosecution,’’ Mr. Chapman wrote in a 16-page appeal to federal judges.

The Tuesday filing asks the judge in the case to force prosecutors to provide clear answers as to what role the NSA surveillance program played in the Qazi case.

The filing cites Ms. Feinstein’s statements on the Senate floor in December 2012, when she urged fellow lawmakers to extend a key NSA surveillance program for another five years. The FISA Amendments Act was reauthorized, allowing NSA to continue broad collection of Internet traffic.

In that speech, she specifically cited the Qazi brothers, who had been arrested just a month earlier, as among eight distinct cases that showed the need for such a program. “So I believe the FISA amendments Act is important and these cases show the program has worked,’’ she said.

The prosecution team on the Qazi case, however, has told the defense that they don’t plan to offer any evidence derived from the NSA program.

The Qazi case isn’t unusual in that regard. Since the law was first enacted five years ago, not a single defendant has received notice of the government’s intent to use evidence derived from the surveillance program, Mr. Chapman noted in his filing.

http://blogs.wsj.com/law/2013/09/11/lawyer-says-senators-claims-on-spy-evidence-undercut-prosecutors/

[2banon]

1. Interesting

Taking note of particular issue of concern in the defense attorney's remarks, potential false narrative of how a case was investigated to present to the court..

just a point of interest.

“Public statements by intelligence officials belie this unbroken record, suggesting that the government is in fact improperly withholding notice,’’ Mr. Chapman wrote. The filing goes on to suggest prosecutors may be engaged in “evidence laundering’’ –- creating a false narrative of how a case was investigated to present in court.

A spokeswoman for the prosecutor’s office did not immediately return a call for comment. A spokesman for the senator did not immediately comment.

Government officials speaking to Congress “say this evidence is critical to prosecution, but then show up at trial and say it’s not so critical we have to rely on it in court,” said Patrick Toomey, a lawyer at the American Civil Liberties Union, which has been tracking the Qazi case.

[bold emphasis mine]

[dkf]

3. That last sentence you quoted is telling. Cognitive dissonance.

[2banon]

4. my take is more sinister

deliberative deception, completely corrupted usually associated with despotic/authoritarianistic regimes..

perhaps cognitive dissonance with regard to Difi.. dunno, i cannot for the life of me understand her mindset. What a painful and horrible lesson it has been for me regarding Women in position of power.

[2banon]

2. evidence laundering...

that's one way to put it I suppose..