Troops Advance during Anti-Shabaab Operation in Somalia United Nations Photo Seven months after his conviction, Basaaly Moalin’s defense attorney moved for a new trial (PDF), arguing that evidence collected about him under the government’s recently disclosed dragnet telephone surveillance program violated his constitutional and statutory rights. Moalin’s is the only thwarted “terrorist plot” against America that the government says also “critically” relied on the National Security Agency phone surveillance program, conducted under Section 215 of the Patriot Act.

The government’s response (PDF), filed on September 30th, is a heavily redacted opposition arguing that when law enforcement can monitor one person’s information without a warrant, it can monitor everyone’s information, “regardless of the collection’s expanse.” Notably, the government is also arguing that no one other than the company that provided the information—including the defendant in this case—has the right to challenge this disclosure in court.

The success of these arguments is critical to the government; the terrorist plot for which Moalin and three other defendants were convicted in February was sending about $8,500 to al-Shabaab, known most recently for the Kenyan Westgate mall attack.

The money was sent in 2007 and 2008. 2     

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