<http://www.iht.com/bin/printfriendly.php?id=8324554> http://www.iht.com/bin/printfriendly.php?id=8324554 Lawyers in NY terror case say security clearance unconstitutional The Associated Press Tuesday, November 13, 2007 NEW YORK: Lawyers for an American student accused of providing al-Qaida fighters with equipment to attack U.S. soldiers said Tuesday they have stopped talking to their client because the government is demanding they undergo a security clearance they find unconstitutional. U.S. District Judge Loretta A. Preska listened to defense attorney Sean Maher but seemed skeptical of his arguments on behalf of Syed Hashmi, who earlier this year became the first terrorism suspect extradited to the United States by British authorities. Hashmi, 27, has pleaded not guilty in federal court in Manhattan to charges in a May 2006 indictment accusing him of supplying unspecified equipment for al-Qaida to fight U.S. forces in Afghanistan and military gear for al-Qaida to use in Pakistan. He would face up to 50 years in prison if convicted. Maher said Hashmi's lawyers were notified last week that their client had been placed under special administrative measures meant to severely limit his contacts with other people. He said it infringed on Hashmi's right to counsel of his choice and a fair trial. Maher also said the defense was hampered by the government's use of the Classified Information Procedures Act, which means some government evidence may be considered so sensitive that Hashmi's lawyers would not be permitted to disclose the evidence to their client. It also means the lawyers must reveal to the government any classified information they learn as they work on their client's behalf. Maher said he and another lawyer working on the case cannot meet with Hashmi because they have refused to undergo a security clearance that requires them to answer many personal questions, including some about their psychiatric histories and whether they had done drugs in the last 10 years. He also complained that the security clearance that has been required in other terrorism cases threatens to create a separate class of lawyers who have been approved by the government. Assistant U.S. Attorney David Raskin said the government was prepared to reveal to defense lawyers the reasons for heightened security once Hashmi's lawyers received security clearance. Raskin said Maher's arguments have already been rejected in other cases, a statement with which the judge seemed largely to agree. "It doesn't appear there are courts in your corner here," the judge told Maher. Still, she ordered both sides to prepare arguments on the subject so she can rule later. Before Hashmi was arrested as he boarded a flight to Pakistan at Heathrow Airport on June 6, 2006, he had lived in Britain for three years. Hashmi, known to his associates as Fahad, attended New York public schools, Brooklyn College and London Metropolitan University, studying political science and getting a master's degree in international relations. Maher has said Hashmi was outspoken at rallies, mostly in the United States, about his views opposing some U.S. policies. [Non-text portions of this message have been removed] -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: [email protected] Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. OSINT, as a part of The Intelligence Network, is making it available without profit to OSINT YahooGroups members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of intelligence and law enforcement organizations, their activities, methods, techniques, human rights, civil liberties, social justice and other intelligence related issues, for non-profit research and educational purposes only. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/osint/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/osint/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
