QUOTE(Livyjr @ Aug 10 2005 @ 07:58 AM)
And here is an update on what is known in the corrupt REPUBLICAN EMPIRE of New York as the "Pataki STING", from just before the November 2004 elections, when it was necessary to keep Americans "scared" out of their wits with fears of TAY-RISTS lurking around, under their very beds, and in their clothes closets, to boot ........
"Sting targeted mosque leader - U.S. attorney's office files motion to limit information it must reveal about counterterrorism investigation of Albany imam and pizza shop owner; trial expected early next year"
By BRENDAN LYONS, Staff writer, Albany, New York Times Union
First published: Wednesday, August 10, 2005
ALBANY -- The leader of an Albany mosque was the "ultimate target" of an FBI counterterrorism sting that began two years ago as authorities tried to learn whether the Kurdish immigrant had any ties to terrorism, according to documents filed Tuesday by the U.S. attorney's office.
The 40-page motion -- which was heavily redacted for reasons of national security -- outlined the government's case in sharp detail as it retraced how FBI agents enlisted an informant to infiltrate the Central Avenue mosque.
The motion is the government's formal request to have a federal judge limit the amount of information they have to disclose about their investigation and intelligence-gathering methods.
ref, 35, who is the spiritual leader at the mosque, and Mohammed M. Hossain, a 50-year-old pizza shop owner, were arrested a year ago on charges they took part in a scheme to make money from the sale of grenade launchers to terrorists
The FBI investigation was led by Special Agent Tim Coll, a counterterrorism agent based in Albany.
The FBI has been interested in the Central Avenue mosque since the 9/11 attacks.
Aref and other members were interviewed by FBI agents after the attacks, although no one from the mosque was ever accused of having any connection with terrorism.
Still, the FBI sought to infiltrate the mosque.
The FBI investigation "initially targeted Hossain, but had Aref as its ultimate target," according to the motion filed Tuesday.
"Coll's goal was to have Hossain introduce the (informant) to Aref, and for the (informant) similarly to engage Aref in conversation intended to determine if Aref was involved in terrorist or criminal activity."
Aref and Hossain were drawn into the sting by a Pakistani immigrant who has served as an FBI informant in other cases.
The informant went to work for the government several years ago after being arrested on charges he was helping other immigrants illegally obtain driver's licenses, according to court records.
Their supporters and lawyers have described Aref and Hossain as peaceful and deeply religious men.
But federal authorities have cast them as willing participants in a scheme to help launder $50,000 from the illicit sale of a shoulder-fired missile.
The plot was not real, but was proffered by the undercover informant who at one point allegedly showed Hossain the weapon and talked about it being used in New York City to kill a Pakistani ambassador.
In their motion Tuesday, federal prosecutors argued that Aref is not entitled to an entrapment defense because the FBI informant lured only Hossain into the sting.
While the FBI acknowledges they were hopeful the case would lead to Aref, they contend it was Hossain's choice to bring Aref into the alleged scheme as witness to their deal.
The informant cultivated a relationship with Hossain two years ago by befriending his children, including buying one of his sons a toy helicopter, according to Hossain, who owns a pizza shop and several rental properties.
Outside court Tuesday, Hossain said it has been difficult living under house arrest while the case has wended slowly toward trial.
"I am a human being, I have a limit," he said.
"I don't have any freedom."
"... Then I smile and laugh with my children and my family."
The informant, Shahed Hussain, had been facing deportation after being arrested in 2002 on fraud charges.
He pleaded guilty in April 2003 but has not been sentenced and was promised leniency for working as an informant for the FBI in at least three other undercover stings.
Those investigations, which involved driver's license scams, ensnared immigrants from China and the Middle East who were unable to pass motor vehicle exams and tried to buy their way through the process.
In the Albany mosque case, the informant allegedly tried to curry favor with Hossain by promising to help his brother, who is developmentally disabled, obtain a driver's license.
Later, at the FBI's direction, the informant allegedly asked Hossain if he wanted to participate in a plot to launder money from the sale of a missile launcher that was to be used in a terrorist attack in New York City.
Lawyers for the suspects have argued that language barriers prevented them from understanding what the informant was saying or that they were taking part in a terror-related plot.
But prosecutors have disclosed dozens of pages of wiretap transcripts from conversations between the informant and the defendants, which they say demonstrate that Aref and Hossain knew the informant was importing illegal weapons from China for "jihadists."
Last week, the Times Union, citing a law enforcement official, reported that federal authorities intended to file a superseding indictment against Aref on Tuesday that would add criminal charges to his case.
But a source close to the case this week called the newspaper's report "premature."
He said additional charges against Aref, in connection with the sting operation, will be filed in the coming weeks.
A year ago, a federal judge jailed Aref and Hossain without bond after federal prosecutors laid out their case, including information found in a notebook in Iraq that they claimed may tie Aref to terrorist activities.
But the U.S. attorney's office later acknowledged that Army intelligence experts had apparently misinterpreted a document that prosecutors cited as a link between Aref and terrorists in Iraq.
The document referred to Aref as "brother," not "commander," prosecutors said.
Authorities said the mistake did not undermine their allegation of terrorist connections in the case.
Still, U.S. Magistrate Judge David R. Homer reopened a bail hearing after the mistake was acknowledged by the Justice Department and ordered the pair released on bond while their case is pending.
Aref and Hossain are charged with money laundering, providing material support to a foreign terrorist organization, importing firearms without a license and conspiracy charges related to the sting.
U.S. District Judge Thomas J. McAvoy said during a status conference Tuesday that he expects to schedule the case for trial in early 2006.
The case has moved slowly because, prosecutors said, they are dealing with volumes of classified material, which they have not publicly described, that may be offered as evidence in the case.
The government also invoked the Classified Information Procedures Act last August, enabling them to file records in the case under seal.
QUOTE(Livyjr @ Aug 10 2005 @ 05:19 PM)
There are several things about this "sting" that I find troubling, such as the fact that this "informant" was walking around the City of Albany, New York carrying a Stinger anti-aircraft missle in its storage box, which is kind of obvious, and yet, nobody, including the Albany police, ever questioned that, which is like something out of a Mel Brook's movie, when you think about!
In fact, maybe the "informant" was walking around Albany with the missle under his arm like it was a violin, and for all practical purposes, he might as well have been!
But what is most troubling is that this Pakistani, who was doing illegal things, and got caught, is now going to be rewarded by the United States government making him a full-blown citizen, as I last understood the situation up here.
The Pakistani "informant", himself a criminal, agreed to "sting" these others in return for citizenship, and I find that reprehensible!
OUR government sure does seem to be an awful good friend to criminals, is how I see it!
They have protection programs for them, and this Pakistani criminal gets to be an American, because he is a criminal, so go figure that out, will you ....
QUOTE(Livyjr @ Oct 15 2005 @ 04:40 PM)
"Lawyers request access in sting case - Attorneys for two men named in terrorism charges ask judge to see secret documents against clients"
By BRENDAN LYONS, Staff writer, Albany, New York Times Union
First published: Saturday, October 15, 2005
ALBANY -- Attorneys for two Albany men ensnared in a counterterrorism sting have asked a federal judge to give them access to top secret documents government prosecutors have compiled in the case.
But the request, according to sources close to the case, is unlikely to be granted by U.S. District Judge Thomas J. McAvoy, who was able to view the classified materials before they were filed under seal.
During a status conference Friday in U.S. District Court, McAvoy said the trial in the case will begin early next year.
The judge also recently ordered federal prosecutors to file a brief explaining why the defense should not have access to the secret materials, which are sealed because prosecutors contend they involve matters of "national security."
It's not clear whether the sealed materials would assist the defendants.
But without seeing them, defense attorneys said, they are at a disadvantage because they don't know every aspect of the federal government's case.
The defense attorneys, Terence Kindlon and Kevin Luibrand, underwent background checks and had to sign agreements stating they would keep secret any classified information they viewed in the case.
So far, they have not been granted access to any secret materials.
Two weeks ago, another federal judge revoked bail for one of the defendants, Yassin M. Aref, who is the spiritual leader of a Central Avenue mosque at the center of the investigation.
The judge cited new evidence proffered by prosecutors that indicates Aref may "espouse" terrorism and had once known key terrorist figures in the Middle East.
The latest allegations were outlined in a memorandum filed Sept. 29 by federal prosecutors in connection with a new round of terrorism-related charges.
Aref and another mosque member, Mohammed M. Hossain, a city pizza shop owner, were arrested Aug. 5, 2004, on a 19-count indictment charging them with money laundering in connection with a plot to sell grenade launchers to terrorists.
There was never any real terrorist plot.
Rather, the plot was concocted by FBI agents as they used an undercover informant to befriend Aref and Hossain.
The informant convinced them to take part in a scheme to sell shoulder-fired missiles to a terrorist group.
Much of the government's motions and evidence in the case have been filed under seal, viewed only by the presiding judge.
Luibrand and Kindlon both have filed motions arguing the cloaked records have undermined their ability to mount a defense.
Iraqi-born Aref, 35, is a religious scholar who was hired as imam at the Masjid As Salam mosque on Central Avenue soon after he arrived in the United States six years ago.
The mosque did not draw much attention from federal authorities until the Sept. 11, 2001, terrorist attacks, after which Aref and other members were questioned and, in some cases, polygraphed or detained by the FBI.
No one else at the mosque has ever been alleged to have any terrorism ties.
The FBI sting began in July 2003 when an undercover informant allegedly convinced Aref and Hossain to take part in a money-laundering scheme.
The informant, a Loudonville resident and Pakistani immigrant, allegedly lured Hossain into the deal.
Aref was enlisted to witness transactions, according to court records.
If convicted on all counts, both face sentences of more than 400 years.
Brendan Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
QUOTE(Livyjr @ Jan 5 2006 @ 06:58 PM)
And while we are on the subject of REPUBLICAN George Pataki's capital city of Albany, New York .....
Here is an update on a story up here involving alleged TAY-RISTS that is called the "PATAKI STING" ......
This is a big TAY-RIST BUST that occurred up here just before the November 2004 presidential elections, where these two guys who got arrested were allegedly tied in to some plan to kill the Pakistani ambassador to the U.N., or some such bunkum and twaddle as that, since it was nothing more than a scam to ensnare these two guys who got arrested ....
And when they were arrested, Pataki was right there on the news, holding a press conference to tout George W. Bush as the only one in America who could keep us safe ......
And what a grand production it was ....
Scared some people up here who are easily scared, anyway .....
And so, it got George W. Bush some votes ...
Or so they say ....
And why would they say it, if it were not so?
"Suspects raise domestic spy issue - 2 Albany Muslim men accused in FBI sting seek information"
By BRENDAN LYONS, Staff writer, Albany, New York Times Union
First published: Thursday, January 5, 2006
ALBANY -- The first formal challenge of a controversial national spying program has been raised in the case of two Albany men who were ensnared last year in an FBI counterterrorism sting.
Attorneys for the Muslim men, Yassin Aref and Mohammed Hossain, recently filed motions in U.S. District Court asking the government to disclose whether the pair were subjected to the domestic surveillance measures, which triggered a national debate when the activity was first exposed last month in a report by The New York Times.
The National Security Agency's domestic surveillance program relied on a secret directive issued by President Bush more than three years ago, in the wake of the 9/11 attacks, that allowed the cryptic NSA to circumvent court-authorized wiretaps in the hastened hunt for terrorists here and abroad.
The Bush administration has defended the practice, contending it was a matter of national security, and not unlawful, to sift through thousands of phone calls and e-mails without a warrant or court order.
Bush said last week that the measures, implemented to monitor conversations between Americans and terror suspects abroad, are "consistent with my constitutional responsibilities and authorities."
But the Albany investigation is a sting case, which means the government will likely be compelled at trial to show the men were predisposed to take part in a terrorism plot without any urging from an FBI informant.
However, if it turns out they were targeted because of information secretly gleaned from their e-mails or telephone calls, the entire case could be jeopardized if its foundation was based on an unlawful act, according to their attorneys.
In the wake of the 9/11 attacks, the FBI reshaped its mission to focus on counterterrorism.
But many of their sting cases have drawn controversy.
The Albany-based sting began in July 2003 when the FBI sent an undercover informant, a Pakistani immigrant and Muslim, into Hossain's pizza shop to lure the men into a plot to make money from the sale of missile launchers to terrorists.
Federal authorities have admitted Aref was the "ultimate target" of their lengthy operation.
Aref's name, phone number and Albany address were found in a notebook recovered from a bombed-out Iraqi encampment -- about two months before the sting began -- that the government contends was occupied by "terrorists."
It's not clear when the FBI learned of the notebook entry or if it triggered the sting.
His lawyer said it's possible Aref was being monitored before the government collected any information tying him to terrorist figures.
Hossain's and Aref's confidential criminal history reports, which prosecutors have turned over to their lawyers, show no arrests outside of their Aug. 5, 2004, arrests in the sting case.
However, their criminal history reports, which are normally not public, refer to a U.S. attorney general's directive on April 11, 2002, regarding "known or suspected terrorists."
It's not clear why the entry is listed in their criminal history reports.
Assistant U.S. Attorney William Pericak, who is prosecuting the case, declined comment.
Hossain's attorney, Kevin Luibrand, and Aref's attorney, Terence L. Kindlon, also declined to discuss their motions, citing judge's orders not to discus the case.
The 2002 directive from former Attorney General John Ashcroft ordered the FBI, the newly formed Foreign Terrorist Tracking Task Force and other federal agencies to begin coordinating their activities to fight terrorism.
Ashcroft's memo also noted an Oct. 30, 2001, directive from Bush in which the President ordered that the task force should have access to electronic surveillance and other intelligence information "to keep foreign terrorists and their supporters out of the United States."
Even if Aref and Hossain were secretly monitored by the NSA, it's not clear whether their attorneys, or, the public, will ever know.
So far, U.S. District Judge Thomas J. McAvoy, who is presiding over their case, has not granted any requests by defense attorneys for access to classified information gathered by the government.
Much of the material has been reviewed by McAvoy under seal, and not turned over to the defense teams.
The new request for access to any NSA surveillance records, if they exist, is scheduled to be addressed at a status conference slated for Monday in U.S. District Court in Albany.
Aref and Hossain were arrested last year on a 19-count indictment charging them with money laundering in connection with a plot to sell grenade launchers to terrorists.
The government has since added more charges, including allegations the men conspired to provide material support to a Pakistani terrorist group, although the support was in the form of taking part in the FBI sting.
There was never any real terrorist plot.
Hossain, a Bangladeshi immigrant who has lived in Albany for more than two decades, claims he was lured into the plot by an overzealous FBI informant.
Aref, 35, is an Iraqi-born religious scholar who was hired as imam at the Masjid As Salam mosque on Central Avenue soon after he arrived in the United States seven years ago.
Aref and Hossain had been free on bond while their case is pending, but Aref's freedom was revoked by a federal judge on Sept. 30 when federal prosecutors filed a superseding indictment that contained allegations of Aref's past ties to terrorist organizations.
The case is expected to go to trial in the coming months.
QUOTE(Livyjr @ Jan 9 2006 @ 04:56 PM)
"Judge refuses to dismiss charges against New York terror suspects"
By MICHAEL VIRTANEN, Associated Press
Last updated: 1:28 p.m., Monday, January 9, 2006
ALBANY, New York -- A federal judge Monday refused to dismiss charges against two Muslims accused of supporting terrorism, despite their attorneys' arguments that the men were victims of entrapment.
Yassin Aref and Mohammed Hossain were arrested in August 2004, and accused of laundering money for an FBI informant posing as an arms dealer.
While the men were solicited by the FBI, prosecutors said the indictment should stand because they were "willing" participants in the crime.
Judge Thomas McAvoy ruled that there was sufficient evidence to take the case to a jury.
Aref, a 35-year-old native of the Kurdish area of northern Iraq, is in jail awaiting trial.
He immigrated to the United States with his family in 1999 and is an imam at Masjid as-Salam, the Albany mosque raided Aug. 5, 2004, by federal agents following the year-long sting aimed at Aref.
Hossain, 50, a pizzeria owner, is free on bond.
A native of Bangladesh, he is a naturalized U.S. citizen.
He declined comment leaving court.
They are accused of attempting to provide support to Jaish-e-Mohammed, a Pakistan-based group listed by the federal government as a terrorist organization.
The FBI informant allegedly told the men that some $50,000 they held for him was from the sale of a shoulder-fired missile that would be used to kill a Pakistani diplomat in New York City.
Both men have pleaded innocent.
They say their faith opposes terrorism and maintain they never believed the business deal was part of a terrorist plot.
Aref is charged with lying to federal officials for failing to disclose his former membership in the nationalist Islamic Movement in Kurdistan.
He is also believed to have known Mullah Krekar, the founder of Ansar al-Islam, which U.S. authorities maintain is a terrorist group that has ties to al-Qaida and has been responsible for attacks on American forces in the Middle East.
McAvoy refused Monday to grant separate trials, saying instructions to the jury should help prevent Aref's alleged background from prejudicing jurors against Hossain.
He also reserved judgment on whether to require the FBI to disclose information about wiretaps used in the investigation.
Defense attorneys said wiretaps may have been obtained without warrants and therefore be illegal.
If convicted of all charges, authorities say Aref faces a sentence of up to 470 years in prison and $7.25 million in fines while Hossain faces 450 years in prison and $6.75 million in fines.
QUOTE(Livyjr @ Feb 11 2006 @ 05:01 PM)
And here is an update on a TAY-RIZM case from REPUBLICAN George Pataki's capital city of Albany, New York that we have been tracking in here ....
And actually, I started tracking this case on the old John Kerry forum ....
Before the November 2004 elections ....
When this "big bust" was made ...
And REPUBLICAN BUSH WATER-CARRIER George Pataki had his face right there on the TV ....
Telling us how lucky we were to have REPUBLICANS in power here in OUR America ....
And how sorry we would be ....
If George W. Bush lost to Democrat John Kerry ....
The PATAKI STING .....
And DUE PROCESS OF LAW is right out the window ....
Here in George W. Bush's America ...
"Imam loses 4th bid for release - Albany suspect in FBI terror sting still danger to society, jurist rules"
By MICHELE MORGAN BOLTON, Staff writer, Albany, New York Times Union
First published: Saturday, February 11, 2006
ALBANY -- An imam at an Albany mosque facing terrorism charges lost his fourth bid for bail Friday, despite a lawyer's impassioned plea that he is a peaceful, deeply religious man desperately needed by his family and faith.
"To be isolated from every other human being, especially if you're a social person, has a devastating effect," said lawyer Terence L. Kindlon.
"Over the course of the past several months he has become profoundly depressed."
Yassin Aref, 35, has been held in 22-hour-a-day protective confinement in the Rensselaer County Jail since Sept. 30, when U.S. Magistrate Judge David Homer revoked his bail after 13 months of electronically monitored house arrest.
cAref and his co-defendant, Mohammed Hossain, an Albany pizza shop owner, were caught in an FBI sting beginning in August 2003 in which they allegedly took part in a fake plot to sell missile launchers to terrorists.
Hossain is free on bail.
A superseding indictment in September also charged the Iraqi refugee with having documented connections to key terrorist figures in the Middle East.
Friday's detention hearing, again before Homer, was the fourth for Aref.
Kindlon offered three new pieces of information he said warranted Aref's release.
First, he said, government red tape could delay a trial until at least 2007, violating the right to due process.
Assistant U.S. Attorney William Pericak brushed off Kindlon's claims, saying, "I think the case will be tried long before January."
Kindlon also noted that Aref's wife, who has a mental illness, is struggling to care for three young children and a newborn on public support and isolated by language barriers.
"They talk once a week, and they cry," Kindlon said.
"In her culture there is no such thing as a single mother."
"A woman is an extension of a man."
Finally, he said, there are national published reports that say the Bush administration's National Security Agency's penchant for potentially illegal, warrantless wiretapping was specifically responsible for Aref's arrest.
If so, such criminal activity requires the indictment to be tossed immediately, Kindlon said.
He believes prosecutors have made too much of Aref's private journal entries that allegedly link him to terrorist activity.
Kindlon said his client is not guilty.
He said he is yet to see any of the government's evidence.
"The government has issued secret security clearances to me and my colleague yet as of today we've seen no classified information," he said.
"I guess they've taken the position we don't need to see it."
"In the meanwhile, my client is rotting in jail."
Pericak asserted to Homer there is nothing new to consider.
He said both the journal entries and family situation are not new.
And Kindlon's request to toss the case based on the NSA allegations is the subject of a March 13 hearing, he said.
Homer agreed that Kindlon's arguments produced new issues but said they didn't persuade him Aref deserves to be free.
Five months in jail doesn't begin to approach an excess, Homer said.
He agreed that the March hearing will address wiretap issues.
"There is a tragic element to the effect of detention," the judge said.
"But it is the judicial function not to be affected by the tragedy."
"The effect on Mrs. Aref and the children is not a material fact."
There may well be innocent explanations for Aref's journal entries, but the current conclusion is they show he has substantial ties to terrorism and, thus, is a danger to society, Homer said.
During arguments, Aref bowed his head, and then gestured vehemently to Kindlon as the judge issued his decision.
Aref's wife, children and other family filed quietly from court, refusing to comment.
Outside, Kindlon said he was desperately disappointed with the decision, his client is heartbroken, but it doesn't stop here.
When asked if he thinks the federal government is tapping lawyers' phones, Kindlon unloaded:
"I think anyone's phone may be tapped."
"This administration is acting lawlessly."
"They don't give a damn about the Constitution."
"Every time I hear George Bush speak, I think someone should really read that guy his Miranda rights."
QUOTE(Livyjr @ Feb 20 2006 @ 06:50 PM)
"Shaky case keeps imam stuck in jail"
Albany, New York Times Union
First published: Tuesday, February 14, 2006
On Friday, the Albany imam facing terrorism and money laundering charges stemming from a phony missile launcher sting operation in 2003 again was denied bail by U.S. Magistrate David Homer.
So it was back to the Rensselaer County jail for the religious leader of an Albany mosque, Yassin Aref, 35, until the government can get its act and its case together.
Homer's bail denial is understandable, but barely, at this point.
Technically, this is a terrorism case.
But as terrorism cases go, this one is unusually shaky, along the lines of Vice President Dick Cheney's quail-shooting skills.
The government's sting operation was a clumsy affair that left us wondering if the accused was far more interested in making an illegal buck than he was in fomenting terrorist activity.
For 13 months, the imam was free on $250,000 bail, wearing a monitoring ankle bracelet.
At least he was able to work and support his young family.
As far as we have been told, the imam was a model bailee.
But bail was revoked five months ago because the government plopped down a superseding indictment that intimates the imam actually had documented connections to known terrorists.
Maybe.
Depending, no doubt, on translations that the government has blown before, and on what are to be considered "connections."
The imam's lawyers haven't seen any of this so-called damning evidence.
It's of a piece with the way this entire dismal case has progressed, more as a political sideshow than anything else.
At some point, this has to become about the rule of law, and actual illegalities, not concocted ones, and appropriate punishment for those illegalities.
The court, and the people of the region, have been patient, too patient.
It's time for the government to put up or shut up.
The federal prosecutor, William Pericak, in responding to the latest failed bail attempt, brushed aside claims of "Justice delayed is justice denied," by saying, "I think the case will be tried long before January" 2007.
I wonder.
In the meantime, what's wrong with the imam going back out on the street until that trial?
Law enforcement can effectively monitor his whereabouts, and save the taxpayers a ton of money in the process.
Also, the court can and should send out the appropriate message that the government's enormous power to accuse does not trump the individual's presumption of innocence.
Not unless there is compelling evidence otherwise.
So far, none is visible.
The joker in all this is that the imam may well turn out to be the victim of illegal wiretaps by the government anyway, which makes even the superseding indictment shaky.
This case was specifically cited as justification for the Bush administration's secret domestic electronic surveillance that has Washington deservedly in an uproar at the moment.
Next month, the imam has a scheduled hearing before Magistrate Homer on the potentially illegal wiretaps, and tossing the case out because of it.
An appropriate gambit, but probably fruitless.
There's no indication at this point that the furor over the wiretaps will be settled one way or the other by next month.
In fact, it may be years before that happens -- and the trial can be held.
Aref should not be penalized for such a delay.
Put two ankle bracelets on him if it makes the government feel more secure, but until there's a trial, let him walk.
Fred LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com.
QUOTE(Livyjr @ Mar 12 2006 @ 06:20 PM)
And then, of course ....
There is GUMMINT SECRECY here in OUR America .....
Where pretty soon ....
We won't know nothing at all ...
Because it's a secret ...
So don't tell anyone ...
And they won't know either .....
EVEN IF THEY ARE A DEFENDANT IN A CRIMINAL TRIAL ...
Here in THEIR America ......
Which is to say ...
George W. Bush's warped and twisted version of OUR America ....
Which is no longer a NATION OF LAWS .....
But a nation of the whims and foibles and outright follies of George, instead .....
"Judge upholds terror counts - Federal jurist's sealed order denies mosque case defendants' request to dismiss indictment based on national spy program"
By BRENDAN LYONS, Staff writer, Albany, New York Times Union
First published: Sunday, March 12, 2006
ALBANY - The secrecy enveloping an FBI counterterrorism case against two members of an Albany mosque continues, as a federal judge has issued a sealed order refusing to dismiss the indictment.
U.S. District Judge Thomas J. McAvoy handed down the order, which cannot be viewed by the public or defense attorneys, after reviewing a sealed motion filed by the Justice Department.
Defense attorneys Terence L. Kindlon and Kevin Luibrand, who hoped to win dismissal of the suit on the grounds it may have originated from a controversial national spying program, both said they were stunned at how the process unfolded.
Essentially, McAvoy based his decision Friday on a government motion that may never become public, although it's possible the decision will be appealed to the Second Circuit.
The attorneys had hoped their challenge of the government's case against Yassin Aref and Mohammed Hossain, who allegedly took part in a plot to sell missile launchers to terrorists, would force federal prosecutors, and the judge, to address a national debate unfolding about whether the National Security Agency violated any laws by eavesdropping on U.S. residents.
Kindlon, Aref's attorney, filed a nine-page motion in January asking for all evidence in the case to be thrown out, and for a dismissal of the indictment.
While defense lawyers have requested access to classified evidence for more than a year, the motion specifically targeted the NSA program.
Kindlon said the secrecy surrounding the government's motion and McAvoy's decision leads him to believe the program was used in this case.
In his motion, he argued:
"The government engaged in illegal electronic surveillance of thousands of U.S. persons, including Yassin Aref, then instigated a sting operation to attempt to entrap Mr. Aref into supporting a nonexistent terrorist plot, then dared to claim that the illegal NSA operation was justified because it was the only way to catch Mr. Aref."
The New York Civil Liberties Union has filed a motion trying to intervene in the case on the NSA issue, but it's not clear now whether the effort will be moot.
Kindlon filed his motion several days after The New York Times, citing anonymous sources, reported that the NSA spying program may have prompted the FBI to zero in on Aref and Hossain.
An analysis of the spying program by Harvard Law School Professor Laurence H. Tribe, a noted constitutional law scholar, called the NSA eavesdropping program "as grave an abuse of executive authority as I can recall ever having studied."
Through its sealed motion, Kindlon said, the government appeared to tacitly confirm Aref was targeted through information gleaned in the controversial spy program.
Federal authorities have acknowledged Aref was the "ultimate target" of their investigation, although they have not said why.
Two months before the sting was launched, Aref's name, phone number and Albany address were found in a notebook recovered from a bombed-out Iraqi encampment that the government contends was occupied by terrorists.
Prosecutors have laid out allegations tying Aref to top Middle East terrorist groups.
Aref has admitted he met people who the U.S. government has labeled terrorist figures, but he has denied being involved with their causes.
Officials have not made any similar charges against Hossain.
The NSA's surveillance program has relied on a secret directive President Bush issued more than three years ago, after the Sept. 11 attacks.
It allowed the agency to circumvent court-authorized wiretaps as it eavesdropped on phone calls and e-mails exchanged between U.S. residents and people abroad.
The Bush administration has defended the practice, contending it was a matter of national security, and legal, to sift through thousands of phone calls and e-mails without a warrant or court order.
The Albany-based sting began in July 2003 when an undercover FBI informant, a Pakistani Muslim immigrant, went to Hossain's pizza shop to lure the men into a plot to sell missile launchers to terrorists.
No trial date has been set.
Hossain is free on bond while Aref remains jailed without bond.
Brendan Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
QUOTE(Livyjr @ Apr 15 2006 @ 04:59 PM)
And then ...
There is the PATAKI STING .....
"Terror sting tapes sought - Lawyer for Yassin Aref asks for release of any calls as Sept. 6 trial date set for mosque leader and Mohammed Hossain"
By BRENDAN LYONS, Staff writer, Albany, New York Times Union
First published: Saturday, April 15, 2006
ALBANY -- An attorney for an Albany mosque leader has asked the government to turn over any tape recordings of calls that his client allegedly made to a Syrian phone number the Justice Department claims was used to gather intelligence for Osama bin Laden.
Terence L. Kindlon, who is the attorney for Yassin Aref, a Kurdish refugee and the jailed spiritual leader of a Central Avenue mosque, is challenging the Justice Department's assertions that Aref aided terrorists when he called the Syrian number between 1999 and 2001.
"Yassin Aref assures me that those 13 calls, which the government is apparently claiming connect him to a terrorist organization, Ansar al Islam ... (were) personal in nature and do not in any way connect him to any alleged terrorist activity," Kindlon wrote in a letter this week to U.S. District Judge Thomas J. McAvoy.
The request, which is intended to force the government to disclose whether it secretly recorded Aref's telephone calls, was filed as McAvoy set a September trial date for Aref and another mosque member, Mohammed Hossain, who were indicted two years ago in connection with an FBI counterterrorism sting.
"The court has set a trial date of Sept. 6 and the government looks forward to putting on its proof," said Assistant U.S. Attorney William Pericak.
But pending challenges by defense attorneys, who are seeking access to classified government records involving their clients, could delay the start of the trial several months.
Last month, the defense attorneys asked the U.S. Second Circuit Court of Appeals in Manhattan to intervene.
Their formal request seeks to undo the Justice Department's efforts to keep secret whether the National Security Agency eavesdropped on the e-mails or telephone calls of Aref and Hossain and whether the spying may have triggered the sting investigation.
It was the first challenge of the controversial NSA program in a federal appeals court, but it's not certain the circuit court will agree to hear the case.
If the NSA program triggered the sting, both Kindlon and Hossain's attorney, Kevin Luibrand, said they hope to have the indictment against their clients thrown out on the grounds it was the "poisonous fruit" of an unlawful wiretap.
But aside from the fight for that information in the appellate court, Kindlon's request this week is geared toward forcing the court to again address the NSA issue.
This time, Kindlon argues that any tape recordings should be disclosed because they could potentially exonerate his client in terms of any connections to terrorist figures.
His request was based on classified documents unsealed on March 21 that the Justice Department said show that Aref was linked to terrorist figures because he called a phone number linked to al-Qaida.
There was no information outlining what was discussed in the calls, though, and most of the FBI report was blacked out before being released.
The report claims an informant told the FBI that during October 2001 he was approached by someone soliciting intelligence about "flight training schools, access to airports in (redacted)" and information about "how close the individual could get to an aircraft."
The informant said he was instructed that any information could be distributed to "brothers" through two phone numbers in Damascus, Syria.
The report does not say anything about Aref.
But one of the numbers that the FBI believes was linked to terrorism was called repeatedly by Aref from his Albany home, according to federal authorities.
Kindlon said the information is meaningless because the number was at the headquarters for Islamic Movement for Kurdistan, a political organization which had an office in Damascus where Aref had worked after fleeing Iraq.
Aref called IMK because he had made many friends there, Kindlon added.
Aref and Hossain were arrested in August 2004 and accused of taking part in a plot to sell missile launchers to terrorists.
So far, defense attorneys in this and other terror-related cases have been thwarted in their attempts to learn whether the NSA program was used against their clients.
U.S. government officials have refused to publicly disclose the controversial program's use in any specific case.
The NSA's surveillance program has relied on a secret directive President Bush issued more than three years ago, after the Sept. 11 attacks.
It allowed the agency to circumvent court-authorized wiretaps as it eavesdropped on phone calls and e-mails exchanged between U.S. residents and people abroad.
The Bush administration has defended the practice, contending it was a matter of national security, and legal, to sift through thousands of phone calls and e-mails without a warrant or court order.
In January, The New York Times, citing anonymous sources, first reported that the NSA spying program may have prompted the FBI to zero in on Aref and Hossain.
Federal authorities have acknowledged Aref, a Kurdish refugee and religious scholar, was the "ultimate target" of their investigation, although they have not said why.
Aref has admitted he met people who the U.S. government has labeled terrorist figures, but he has denied being involved with their causes.
Officials have not made any similar charges against Hossain.
Hossain is free on bond while Aref remains jailed without bond pending trial.
Brendan Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
QUOTE(Livyjr @ Apr 27 2006 @ 05:53 PM)
And here is something else that needs to be said ...
As well ....
And so .....
"Parallels of inequity in terror cases"
Fred LeBrun, Albany, New York Times Union
First published: Tuesday, April 25, 2006
For the second time, government prosecutors have had to significantly back down on claims against the accused in local terrorism cases.
First it was the sting involving the still-to-be-tried imam of an Albany mosque.
A critical word in an incriminating document that the federal government took to the grand jury as "commander" turned out to be "brother."
That revelation certainly deflated the U.S. attorney's case against Kurdish refugee Yassin Aref as far as the public was concerned.
Now, what yet another grand jury was told were high crimes by a Chinese immigrant living in Guilderland turn out to be the equivalent of jaywalking thanks to a screw-up by the State Department.
Jun Wang, a microbiologist at Wadsworth Laboratories of the state Health Department, was accused of mailing sensitive guidance systems back to China, ostensibly for the military.
But then we learned the same guidance systems are legally sold in China, as they are all over the world, and Wang's only impropriety was a procedural one of not filling out proper export papers.
Meanwhile, Wang -- who was hired at the Health Department through a contractor -- spent a month in jail.
He was fired from his job because the contractor got skittish from the publicity, according to Wang's attorney, Kevin Luibrand.
And Wang is threatened with deportation.
So sorry we erred and ruined your life, Mr. Wang.
What inevitably happens to cases like these two, which get big media buildups but turn out to be molehills, is that the accused pay a big price whether they are guilty or not.
All to salve the ego and arrogance of our Justice Department, which wouldn't think of walking away in the interests of justice.
It's the "where there's smoke, there's fire" prosecutorial strategy.
OK, so there was no fire, but we think we smell smoke, so let them pay for the fire anyway.
In this instance, Wang is still confined to his home, having posted $250,000 bail, all because the government hasn't been able to track every one of those guidance systems to the university Wang said they were going to.
You know what?
So what.
If these guidance systems are on the open market and anybody can buy them, there's no point to tracking them all down.
It's not as if Wang was trying to hide any of the transactions, which should have been a tip-off to the feds.
The money from China was wired directly to Wang's SEFCU credit union account, and he sent electronics back to his brother by snail mail.
Now the government is combing through Wang's tax returns to see if he declared the transactions.
This is beyond ridiculous.
If there was no crime, then hounding Wang amounts to malicious prosecution, regardless of the 9/11 embargo of our civil rights by the Bush administration.
Granted, in the cases of both Aref and Wang we do not know, and are unlikely to ever know with certitude, what is in their hearts, what their true motivations were.
With Aref, the evidence strongly points to making a buck.
With Wang, we just don't know.
Fair is fair.
The same can be said for not knowing what is in the hearts of the prosecutors.
Sad to say, their motivations are proving to be even murkier than those of the two men they are prosecuting.
As this Pataki Sting case continues along ...
It just seems to get weirder .....
And weirder ....
And still weirder, yet .....
And as one of the opinion pieces above says .....
It really is up the THE PEOPLE up here .....
Those who would be the jurors in this case .....
Which could be people just like you ...
Or me ....
To really be attentive .....
To just what has been going on here ....
Starting with this Pakistani dude .....
Who is not an American citizen ...
Or at least he was not back when he was arrested here in the State of New York .....
For scamming people .....
In a Motor Vehicles scam .....
Involving New York State driver's licenses .....
Which should have gotten his sorry *** deported ....
BUT INSTEAD ....
All of a sudden ....
He is now an FBI AGENT ....
And by scamming these two Pataki Sting suspects ....
This Pakistani ....
IS GOING TO BECOME AN AMERICAN ....
JUST LIKE YOU AND ME .....
EXCEPT HE IS GETTING TO BE ONE ...
BY HAVING A CRIMINAL RECORD .....
WHICH SOMEHOW GOES AGAINST OUR AMERICAN VALUES ...
AT LEAST AS THEY USED TO BE .....
BEFORE GEORGE W. BUSH ...
AND HIS CROWD ...
TURNED OUR LAWS ....
AND OUR CONSTITUTION ....
ON THEIR EARS ....
And so ....