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June 10, 2005

Affidavit Changed in Terrorism Accusation

Ice cream jihad update: more witless for the prosecution follies? From the LA Times, with thanks to Nicolei:

SACRAMENTO — Attorneys for a Central Valley father and son arrested in connection with a broad FBI terrorism probe plan to challenge the government case in court today over significantly differing versions of the affidavit used to charge the two men.

The first version of the affidavit released to media organizations Tuesday by the Department of Justice in Washington said potential terrorist targets included hospitals and stores and contained names of key individuals and statements about the international origins of "hundreds" of participants in alleged Al Qaeda terrorist training camps inside Pakistan.

Those details — among the most alarming in the case — were widely reported in the press but then deleted in the final version filed with the federal court in Sacramento on Tuesday.

Federal prosecutors blamed the problem on confusion inside the bureaucracy as different versions circulated between federal offices.

"An unfortunate oversight due to miscommunication," said Justice spokesman Bryan Sierra.

But defense attorney Johnny L. Griffin III, who represents the father, 47-year-old Lodi ice cream truck driver Umer Hayat, accused the government of "releasing information it knew it could not authenticate."

Attorney Wazhma Mojaddidi, who represents the son, 22-year-old Hamid Hayat, said she plans to bring up the different versions of the affidavit when she represents her client at his arraignment, scheduled for this afternoon before U.S. Magistrate Judge Peter A. Nowinski in Sacramento. Both father and son are accused of making false statements to federal officials.

Posted by Robert at June 10, 2005 6:47 AM
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Witless indeed! Back to law school with these prosecutors.

Posted by: epg [TypeKey Profile Page] at June 10, 2005 8:38 AM

No doubt the original affidavit contained information that would be "useful" in a terrorist roundup.

Remember the case of the muslim chaplan who had espionage charges dropped against him, not because he wasn't guilty, but because information that would have to come out in trial would jeapordize national security.

Posted by: jawa [TypeKey Profile Page] at June 10, 2005 4:04 PM


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