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Eugene

(61,874 posts)
Wed Jul 6, 2016, 09:54 PM Jul 2016

Christmas Bomber Case Appeal Challenges NSA Surveillance

Source: Associated Press

Christmas Bomber Case Appeal Challenges NSA Surveillance

By KRISTENA HANSEN, ASSOCIATED PRESS PORTLAND, Ore. — Jul 6, 2016, 9:47 PM ET

Civil rights attorneys say surveillance evidence used to convict a Somali-American man who plotted to bomb a 2010 Christmas tree-lighting ceremony was gathered unconstitutionally through the U.S. government's warrantless foreign surveillance program.

They laid out their arguments Wednesday before a three-judge panel of the 9th U.S. Circuit Court of Appeals in downtown Portland — directly across the street from the plaza where almost six years prior Mohamed Mohamud tried detonating a fake bomb that was part of an undercover operation.

Mohamud is appealing his 2013 conviction on grounds that he was entrapped by undercover federal agents posing as al-Qaida members and the warrantless surveillance of his foreign communications violated his constitutional rights.

It marks the first time a federal appeals court is considering whether the National Security Agency's foreign surveillance programs — the same ones that came under scrutiny after the Edward Snowden leaks a few years ago — violate the Fourth Amendment rights of criminal defendants.

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Read more: http://abcnews.go.com/US/wireStory/christmas-bomber-case-appeal-challenges-nsa-surveillance-40391993
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