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

    Video Rubio Looks to Surge in New Hampshire

    Republican presidential candidate has moved into second place in several recent surveys and appears to be gaining ground on longtime frontrunner Donald Trump

    UN Calls for Global Ban on Female Genital Mutilation

    Recent UNICEF report finds at least 200 million girls and women alive today have undergone female genital mutilation in 30 countries

    UN Pilots New Peace Approach in CAR

    Approach launched in northern town of Kaga Bandoro, where former combatants of mainly Muslim Seleka armed group and Christian and animist anti-Balaka movement are being paid to do community work

    Featured Videos

    Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
    German Artists to Memorialize Refugees With Life Jacket Exhibiti
    X
    Hamada Elsaram
    February 05, 2016 4:30 PM
    Sold in every kind of shop in some Turkish port towns, life jackets have become a symbol of the refugee crisis that brought a million people to Europe in 2015.  On the shores of Lesbos, Greece, German artists collect discarded life jackets as they prepare an art installation they plan to display in Germany.  For VOA, Hamada Elrasam has this report from Lesbos, Greece.
    Video

    Video German Artists to Memorialize Refugees With Life Jacket Exhibit

    Sold in every kind of shop in some Turkish port towns, life jackets have become a symbol of the refugee crisis that brought a million people to Europe in 2015.  On the shores of Lesbos, Greece, German artists collect discarded life jackets as they prepare an art installation they plan to display in Germany.  For VOA, Hamada Elrasam has this report from Lesbos, Greece.
    Video

    Video E-readers Help Ease Africa's Book Shortage

    Millions of people in Africa can't read, and there's a chronic shortage of books. A non-profit organization called Worldreader is trying to help change all that one e-reader at a time. VOA’s Deborah Block tells us about a girls' school in Nairobi, Kenya where Worldreader is making a difference.
    Video

    Video Genius Lets World Share Its Knowledge

    Inspired by crowdsourcing companies like Wikipedia, Genius allows anyone to edit anything on the web, using its web annotation tool
    Video

    Video Former Drug CEO Martin Shkreli Angers US Lawmakers

    A former U.S. pharmaceutical business executive has angered lawmakers by refusing to explain why he raised the price of a life-saving pill by 5,000 percent. Martin Shkreli was removed from a congressional hearing on Thursday after citing his Fifth Amendment right to stay silent. Zlatica Hoke has more.
    Video

    Video Super Bowl TV Commercials are Super Business for Advertisers

    The Super Bowl, the championship clash between the two top teams in American Football, is the most-watched sporting event of the year, and advertisers are lining up and paying big bucks to get their commercials on the air. In fact, the TV commercials during the Super Bowl have become one of the most anticipated and popular features of the event. VOA's Brian Allen has a sneak peek of what you can expect to see when the big game goes to commercial break, and the real entertainment begins.
    Video

    Video In Philippines, Mixed Feelings About Greater US Military Presence

    In the Philippines, some who will be directly affected by a recent Supreme Court decision clearing the way for more United States troop visits are having mixed reactions.  The increased rotations come at a time when the Philippines is trying to build up its military in the face of growing maritime assertiveness from China.  From Bahile, Palawan on the coast of the South China Sea, Simone Orendain has this story.
    Video

    Video Microcephaly's Connection to Zika: Guilty Until Proven Innocent

    The Zika virus rarely causes problems for the people who get it, but it seems to be having a devastating impact on babies whose mothers are infected with Zika. VOA's Carol Pearson has more.
    Video

    Video Solar Innovation Provides Cheap, Clean Energy to Kenya Residents

    In Kenya, a company called M-Kopa Solar is providing clean energy to more than 300,000 homes across East Africa by allowing customers to "pay-as-you-go" via their cell phones. As Lenny Ruvaga reports from Kangemi, customers pay a small deposit for a solar unit and then pay less than a dollar a day to get clean energy to light up their homes or businesses.
    Video

    Video Stunning Artworks Attract Record Crowds, Thanks to Social Media

    A new exhibit at the oldest art museum in America is shattering attendance records. Thousands of visitors are lining up to see nine giant works of art that have gotten a much-deserved shot of viral marketing. The 150-year-old Smithsonian American Art Museum has never had a response quite like this. VOA's Julie Taboh reports.
    Video

    Video Apprenticeships Put Americans on Path Back to Work

    Trying to get more people into the U.S. workforce, the Obama administration last year announced $175 million in grants towards apprenticeship programs. VOA White House correspondent Aru Pande went inside one training center outside of Washington that has gained national recognition for helping put people on the path to employment.
    Video

    Video New Material May Reduce Concussion Effects

    As the 2016 National Football League season reaches its summit at the Super Bowl this coming Sunday (2/7), scientists are trying to learn how to more effectively protect football players from dangerous and damaging concussions. Researchers at Cardiff and Cambridge Universities say their origami-based material may solve the problem. VOA’s George Putic reports.
    Video

    Video Saudi Arabian Women's Sports Chip Away at Stereotypes

    Saudi Arabian female athletes say that sports are on the front line of busting traditions that quash women’s voices, both locally and internationally. In their hometown of Jeddah, a group of basketball players say that by connecting sports to health issues, they are encouraging women and girls to get out of their homes and participate in public life. VOA’s Heather Murdock reports.
    Video

    Video A Year Later, Fortunes Mixed for Syrians Forging New Lives in Berlin

    In April of last year, VOA followed the progress of six young Syrian refugees -- four brothers and their two friends -- as they made their way from Libya to Italy by boat, and eventually to Germany. Reporter Henry Ridgwell caught up with the refugees again in Berlin, as they struggle to forge new lives amid the turmoil of Europe's refugee crisis.
    Video

    Video Zika Virus May be Hard to Stop

    With the Zika virus spreading rapidly, the World Health Organization Monday declared Zika a global health emergency. As Alberto Pimienta reports, for many governments and experts, the worst is yet to come.