Cause And Effect

Fortunately for American efforts in the war against terror, a federal appeals court has refused thus far to allow exposure of the details of the NSA's "domestic wiretapping" program, which is actually surveillance of international calls.

NEW YORK - A federal appeals court on Friday declined to force the government to turn over information on the National Security Agency's wiretapping program to a man charged in a terrorism case.

The 2nd U.S. Circuit Court of Appeals ruled in the case of Yassin Aref, an imam at an Albany mosque who is accused of laundering money for an FBI informant posing as an arms dealer.

Aref wanted the government to say whether any of the evidence against him had been gathered through the warrantless electronic surveillance program, which has been challenged by some civil liberties groups.

He asked the court to force the NSA to reveal details of the program, rule it illegal and toss out evidence gathered from it. The New York Civil Liberties Union joined Aref's motion.

Here is a terrorist supporter trying to use the courts to force exposure of a national security program that he only knows about because the NY Times substituted its judgement for that of the people charged with the responsibility.  This is the insidiously corrosive nature of the leaks and the subsequent publication of the programs existence, let alone the details.  Even if this man loses his case, if he wins this motion he will have helped the terrorists.  His previous financial efforts to do so is what his trial is about.

The appeals court did not rule that the program couldn't be exposed, unfortunately.  The three judge panel instead ruled that they didn't have jurisdiction, so this effort will continue, I suspect.

That the NYCLU is aiding and abetting this gentleman in undermining national security is a disgrace as well.

Linked to Wizbang COTT LXXIV.