Government lawyers are refusing to allow defense attorneys in terrorism cases to see court filings on whether warrantless surveillance was used to obtain information against their clients, reports USA Today. Terence Kindlon represents an Albany, N.Y., mosque leader charged with laundering money in a conspiracy to help terrorists. Kindlon has been blocked from reviewing government court papers even though he maintains a security clearance that allows him to handle classified matters related to his client’s defense. In Virginia, attorney David Smith is challenging the government’s investigative techniques in the case of Iyman Faris, who pleaded guilty three years ago in connection with a plot to destroy the Brooklyn Bridge.
Smith estimated that there were about a half-dozen disputes throughout the country involving issues similar to the Faris case. In Oregon, a federal judge rejected a govenrment effort to block attorneys for Al-Haramain, an Islamic charity, from obtaining secret filings. .U.S. District Judge Garr King said the charity “has a right to know the legal and factual positions being taken by the government so they can respond to them,” according to a transcript of a court telephone conference obtained by The Oregonian in Portland.