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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.

 


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