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Government to Use FISA Surveillance Evidence in Zazi Terror Plot Case

By Jeralyn

Bump and Update 1:30 pm MT: The Government has filed notices in both the cases of Najibullah Zazi his father Mohammed Zazi that it will be introducing and/or using evidence obtained from FISA electronic surveillance and searches. The notices read:

.... the United States intends to offer into evidence, or otherwise use or disclose in any proceedings in the above-captioned matter, information obtained and derived from electronic surveillance and physical search conducted pursuant to the Foreign Intelligence Surveillance Act of 1978 (“FISA”), as amended, 50 U.S.C. §§ 1801-1812 and 1821-1829.

Their initial appearances in court were at 1:30 p.m. Zazi's lawyer, Arthur Folsom, arrived at 9:45 a.m. (I ran into him in the clerk's office, he was getting a "green card" that allows lawyers to bring phones with cameras into the building.) [More...]

Original Post

Najibullah Zazi: Court Hearing Today

Accused false-statement makers Najibullah Zazi and his father will have their initial appearance in U.S. District Court today. They have been held at the Denver City Jail since their arrest Saturday night.

The Zazi's lawyer has had no comment since their arrest.

Zazi's attorney, Art Folsom, preferred not to comment on the affidavits, spokeswoman Wendy Aiello said Sunday. "He is at work," she said, "preparing for court."

Prior coverage here, case documents below:

• Najibullah Zazi Warrant and Complaint
• Mohammed Zazi Warrant and Complaint
• Ahmad Wais Afzali Warrant and Complaint
• Press Release

The irony of the case is that had Zazi just kept his mouth shut, there would be no charges. As I wrote over the weekend:

I think it was a disasterous decision for Najibullah to voluntarily talk to the feds. He had no idea what information they had. Had he kept his mouth shut, there would be no false statement charge. If he's convicted of the false statement charge, he will be deported after he serves any sentence. (His father is a U.S. citizen.) If his goal in talking was to clear his name, that certainly failed. If it was to get a sweetheart deal, that seems to have backfired too.

I'm on my way down to the federal building for a hearing in one of my cases. If it's not at the same time as the Zazis', I'll try to attend those as well and report back later.

Full post as published by TalkLeft on September 21, 2009 (boomark / email).