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Born at the Crest of the Empire

Saturday, March 11, 2006

Is this legal?

I'm not a lawyer, although I occasionally do "play one on TV," but this doesn't sound right to me. (NYTimes)

A federal judge issued a highly unusual classified ruling yesterday, denying a motion for dismissal of a case against two leaders of an Albany mosque who are accused of laundering money in a federal terrorism sting operation.

Because the ruling was classified, the defense lawyers were barred from reading why the judge decided that way.....

The prosecutors asked the judge to review their papers in his chambers without making them public or showing them to the defense. At midafternoon the judge issued a document announcing that he had entered the classified order denying Mr. Kindlon's request....

Mr. Kindlon said Judge McAvoy's action convinced him that there was N.S.A. wiretap evidence in the case. "If they were not involved, the government would have told me, 'You're delusional,' " he said.

The defendants in this case were seeking to have the case thrown out because, they postulated, that evidence against their clients had been gathered through the NSA spying program.

Is this precedent? Is this judge ruling that the NSA DOMESTIC spying program is constitutional?

I'll do a little looking around some of the legal blogs this afternoon and update here.

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