A nasty precident

From the New York Times:

Federal Prosecutors, in a Policy Shift, Cite Warrantless Wiretaps as Evidence
The Justice Department for the first time has notified a criminal defendant that evidence being used against him came from a warrantless wiretap, a move that is expected to set up a Supreme Court test of whether such eavesdropping is constitutional.

Prosecutors filed such a notice late Friday in the case of Jamshid Muhtorov, who was charged in Colorado in January 2012 with providing material support to the Islamic Jihad Union, a designated terrorist organization based in Uzbekistan.

Mr. Muhtorov is accused of planning to travel abroad to join the militants and has pleaded not guilty. A criminal complaint against him showed that much of the government�s case was based on e-mails and phone calls intercepted under a 2008 surveillance law.

The government�s notice allows Mr. Muhtorov�s lawyer to ask a court to suppress the evidence by arguing that it derived from unconstitutional surveillance, setting in motion judicial review of the eavesdropping.

The New York Times reported on Oct. 17 that the decision by prosecutors to notify a defendant about the wiretapping followed a legal policy debate inside the Justice Department.

This sucks -- the Justice Department could have withheld that information and prosecuted Mr. Muhtorov to the fullest extent of the law. The moke was a known terrorist operating on our soil and should be prosecuted in a military court. Instead, we Mirandize these a@@holes and give them a court trial as though they were US Citizens and this was just a case of domestic violence. The Islamofascists are waging Asymmetric warfare against the West and we are so blind that we do not see this.