News / USA

Jailed Uzbek Tests US Surveillance Law

Jamshid Muhtorov, an Uzbek immigrant imprisoned by U.S. authorities on terrorism charges. (Photo courtesy of Muhtorov family)
Jamshid Muhtorov, an Uzbek immigrant imprisoned by U.S. authorities on terrorism charges. (Photo courtesy of Muhtorov family)
Navbahor Imamova
The case of Jamshid Muhtorov, an Uzbek immigrant imprisoned by U.S. authorities on terrorism charges could soon make legal history. 

Muhtorov was arrested by the FBI in 2012 at Chicago’s O’Hare Airport as he was attempting to leave the U.S. Law enforcement authorities say he was on his way to join the Islamic Jihad Union, an Uzbek jihadist group, designated by the U.S. as a terrorist organization. 
 
The IJU which is based in Pakistan traces its roots to the Islamic Movement of Uzbekistan.  The group has a long history of violent attacks against the secular government of Uzbekistan and of involvement in attacks against coalition forces in Afghanistan.  
 
The original criminal complaint against Muhtorov was filed in Denver where he worked as a truck driver and lived with his family.   In October 2013, as Muhtorov sat in a Colorado jail awaiting trial, he was notified by the Justice Department in that his case was based on a 2008 law allowing the National Security Agency to conduct surveillance on U.S. soil without warrants. That law is officially known as the FISA Amendment Act (FAA). FISA stands for Foreign Intelligence Surveillance Act which was adopted in 1978.   
 
Following this revelation, his lawyers, in cooperation with American Civil Liberties Union (ACLU), filed a 69-page brief asking a federal judge to bar prosecutors from introducing evidence derived from warrantless surveillance. 
 
Muhtorov was the first defendant to receive such a notice and is the first one to challenge it.
 
In an interview with VOA, ACLU staff attorney Patrick C. Toomey says that the program violates the Fourth Amendment and Article III of the US Constitution.
 
“We believe that even when the government is investigating activities related to terrorism, it still must comply with the Constitution and one of the most basic rules in our Constitution is the requirement that the government gets a warrant before it reads through your email, before it listens to your phone calls, before it searches your home,” said Toomey.  He adds that “In the case of Muhtorov, we now know that the government did not satisfy those requirements. It did not get an individualized warrant before reading his email and listening to his international phone calls.” 

The Justice Department declined to comment on the case to VOA. 

The ACLU’s Toomey says the government may view the prosecution of a terror suspect as the ideal test case in which to defend warrantless wire-tapping. 
 
“There is no doubt that the Department of Justice would rather be defending this law in the context of a terrorism prosecution rather than in the type of civil lawsuit that the ACLU brought before, but we think that Muhtorov’s case still presents a great example of an instance where the law has been misused,” said Toomey. “Because he is now sitting in court on the basis of evidence that was obtained unlawfully, he has a right to challenge the government’s use of that evidence in seeking to imprison him on the basis of those allegations that they have made in the indictment,” he said.
 
Muhtorov denies the charges and says he is innocent. While the US government does not allege that Muhtorov planned any attacks inside the country, it says there is enough proof that he was aiding a group that the US and its allies consider an enemy.

Experts say that the Obama administration has yet to offer an in-depth or comprehensive legal justification for the 2008 law. But, the New York Times recently provided an analysis of a 2008 brief, in which the Bush administration argued that the surveillance authorized by the statute met Fourth Amendment standards.

“The safeguards built into the statute provide reasonable assurance that the surveillance it authorizes will target only foreign persons outside the United States and will be conducted in a way that minimally affects the privacy of U.S. persons… The Fourth Amendment requires no more.”

ACLU representative Toomey says that if Muhtorov is successful in challenging the NSA surveillance program, it would have a profound impact on the lives of Americans and on the system which is keeping a close eye on their communications with the world.

“It would go a long way towards requiring the government to proceed on an individualized basis when it wants to invade the privacy of someone like Mr. Muhtorov, but also someone who is an ordinary American citizen,” he said.
If found guilty, Muhtorov faces 15 years in jail and a fine of up to $250,000.

You May Like

Egypt's Suez Canal Dreams Tempered by Continued Unrest

Seen as a potential driver of recovery, Cairo’s plan to expand waterway had been raising hopes to give country much needed economic boost More

Ebola Maternity Ward in Sierra Leone First of its Kind

Country already had one of world's highest maternal mortality rates before Ebola arrived, virus has added even more complications to health care More

Malaysia Flight 370 Disappearance Ruled Accident

Aircraft disappeared on March 8, 2014; with ruling, families of 239 passengers and crew can now seek compensation from airline More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Groundbreaking Hand-Painted Documentary About Van Gogh in Productioni
X
George Putic
January 29, 2015 9:43 PM
The troubled life of the famous 19th century Dutch painter Vincent van Gogh has been told through many books and films, but never in the way a group of filmmakers now intends to do. "Loving Vincent " will be the first ever feature-length film made of animated hand-painted images, done in the style of the late artist. VOA’s George Putic reports.
Video

Video Groundbreaking Hand-Painted Documentary About Van Gogh in Production

The troubled life of the famous 19th century Dutch painter Vincent van Gogh has been told through many books and films, but never in the way a group of filmmakers now intends to do. "Loving Vincent " will be the first ever feature-length film made of animated hand-painted images, done in the style of the late artist. VOA’s George Putic reports.
Video

Video Rock-Consuming Organisms Alter Views of Life Processes

Scientists thought they knew much about how life works, until a discovery more than two decades ago challenged conventional beliefs. Scientists found that there are organisms that breathe rocks. And it is only recently that the scientific community is accepting that there are organisms that could get energy out of rocks. Correspondent Elizabeth Lee reports.
Video

Video Paris Attacks Highlight Global Weapons Black Market

As law enforcement officials piece together how the Paris and Belgian terror cells carried out their recent attacks, questions are being asked about how they obtained military grade assault weapons - which are illegal in the European Union. As VOA's Jeff Swicord reports, experts say there is a very active worldwide black market for these weapons, and criminals and terrorists are buying.
Video

Video Activists Accuse China of Targeting Religious Freedom

The U.S.-based Chinese religious rights group ChinaAid says 2014 was the worst year for religious freedom in China since the end of the Cultural Revolution. As Ye Fan reports, activists say Beijing has been tightening religious controls ever since Chinese leader Xi Jinping came to office. Hu Wei narrates.
Video

Video Super Bowl Ads Compete for Eyes on TV, Web

Super Bowl Sunday (Feb. 1) is about more than just the NFL's American football championship and big parties to watch the game. Viewers also tune in for the world famous commercials that send Facebook and Twitter abuzz. Daniela Schrier reports on the social media rewards for America’s priciest advertising.
Video

Video Theologians Cast Doubt on Morality of Drone Strikes

In 2006, stirred by photos of U.S. soldiers mistreating Iraqi prisoners, a group of American faith leaders and academics launched the National Religious Campaign Against Torture. It played an important role in getting Congress to investigate, and the president to ban, torture. VOA's Jerome Socolovsky reports.
Video

Video Freedom on Decline Worldwide, Report Says

The state of global freedom declined for the ninth consecutive year in 2014, according to global watchdog Freedom House's annual report released Wednesday. VOA's William Gallo has more.
Video

Video MRI Seems to Help Diagnose Prostate Cancer, Preliminary Study Shows

Just as with mammography used to detect breast cancer, there's a lot of controversy about tests used to diagnose prostate cancer. Fortunately, a new study shows doctors may now have a more reliable way to diagnose prostate cancer for high risk patients. More from VOA's Carol Pearson.
Video

Video Smartphones About to Make Leap, Carry Basic Senses

Long-distance communication contains mostly sounds and pictures - for now. But scientists in Britain say they are close to creating additions for our smartphones that will make it possible to send taste, smell and even a basic touch. VOA’s George Putic reports.
Video

Video Former Sudan 'Lost Boy' Becomes Chess Master in NYC

In the mid-1980’s, thousands of Sudanese boys escaped the country's civil war by walking for weeks, then months and finally for more than a year, up to 1,500 kilometers across three countries. The so-called Lost Boys of the Sudan had little time for games. But one of them later mastered the game of chess, and now teaches it to children in the New York area. VOA’s Bernard Shusman in New York has his story.
Video

Video NASA Monitors Earth’s Vital Signs From Space

The U.S. space agency, NASA, is wrapping up its busiest 12-month period in more than a decade, with three missions launched in 2014 and two this month, one in early January and the fifth scheduled for January 29. As VOA’s Rosanne Skirble reports, the instruments being lifted into orbit are focused on Earth’s vital life support systems and how they are responding to a warmer planet.
Video

Video Crowded Republican Presidential Field Off to Early Start for 2016

It seems early, but the 2016 U.S. presidential election campaign is already heating up. Though no one has officially announced a candidacy, several potential Republican contenders have been busy speaking to conservative groups about making a White House run next year. Many of the possible contenders are critical of the Obama administration’s foreign policy record. VOA national correspondent Jim Malone reports.

Circumventing Censorship

An Internet Primer for Healthy Web Habits

As surveillance and censoring technologies advance, so, too, do new tools for your computer or mobile device that help protect your privacy and break through Internet censorship.
More

All About America

AppleAndroid