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

Americans Celebrate Thanksgiving With Feasts, Festivities

Holiday traditions include turkey dinners, 'turkey trots,' American-style football and New York parade with giant balloons More

Video For Obama, Ferguson Violence is a Personal Issue

With two years left in term, analysts say, president has less to lose by taking conversation on race further More

Video Italian Espresso Expands Into Space

When Italian astronaut Samantha Cristoforetti headed for the ISS, her countrymen worried how she would survive six months drinking only instant coffee More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
US Community Kicks Off Thanksgiving With Paradei
X
Anush Avetisyan
November 26, 2014 10:57 PM
Thursday is Thanksgiving in the United States, a holiday whose roots go back to the country's earliest days as a British colony. One way Americans celebrate the occasion is with parades. Anush Avetisyan takes us to one such event on the day before Thanksgiving near Washington, where a community's diversity is on display. Joy Wagner narrates
Video

Video US Community Kicks Off Thanksgiving With Parade

Thursday is Thanksgiving in the United States, a holiday whose roots go back to the country's earliest days as a British colony. One way Americans celebrate the occasion is with parades. Anush Avetisyan takes us to one such event on the day before Thanksgiving near Washington, where a community's diversity is on display. Joy Wagner narrates
Video

Video For Obama, Ferguson Violence is a Personal Issue

Throughout the crisis in Ferguson, Missouri, President Barack Obama has urged calm, restraint and respect for the rule of law. But the events in Ferguson have prompted him to call — more openly than he has before — for profound changes to end the racism and distrust that he believes still exists between whites and blacks in the United States. VOA White House correspondent Luis Ramirez reports.
Video

Video Online Magazine Gets Kids Discussing Big Questions

Teen culture in America is often criticized for being superficial. But an online magazine has been encouraging some teenagers to explore deeper issues, and rewarding their efforts. VOA religion reporter Jerome Socolovsky went to this year’s Kidspirit awards ceremony in New York.
Video

Video Aung San Suu Kyi: Myanmar Opposition to Keep Pushing for Constitutional Change

Myanmar opposition leader Aung San Suu Kyi says she and her supporters will continue pushing to amend a constitutional clause that bars her from running for president next year. VOA's Than Lwin Htun reports from the capital Naypyitaw in this report narrated by Colin Lovett.
Video

Video Mali Attempts to Shut Down Ebola Transmission Chain

Senegal and Nigeria were able to stop small Ebola outbreaks by closely monitoring those who had contact with the sick person and quickly isolating anyone with symptoms. Mali is now scrambling to do the same. VOA’s Anne Look reports from Mali on what the country is doing to shut down the chain of transmission.
Video

Video Ukraine Marks Anniversary of Deadly 1930s Famine

During a commemoration for millions who died of starvation in Ukraine in the early 1930s, President Petro Poroshenko lashed out at Soviet-era totalitarianism for causing the deaths and accused today’s Russian-backed rebels in the east of using similar tactics. VOA’s Daniel Shearf reports from Kyiv.
Video

Video Hong Kong Protests at a Crossroads

New public opinion polls in Hong Kong indicate declining support for pro-democracy demonstrations after weeks of street protests. VOA’s Bill Ide in Guangzhou and Pros Laput in Hong Kong spoke with protesters and observers about whether demonstrators have been too aggressive in pushing for change.
Video

Video US Immigration Relief Imminent for Mixed-Status Families

Tens of thousands of undocumented immigrants in the Washington, D.C., area may benefit from a controversial presidential order announced this week. It's not a path to citizenship, as some activists hoped. But it will allow more immigrants who arrived as children or who have citizen children, to avoid deportation and work legally. VOA's Victoria Macchi talks with one young man who benefited from an earlier presidential order, and whose parents may now benefit after years of living in fear.
Video

Video New Skateboard Defies Gravity

A futuristic dream only a couple of decades ago, the hoverboard – a skateboard that floats above the ground - has finally been made possible. While still not ready for mass production, it promises to become a cool mode of transport... at least over some surfaces. VOA’s George Putic reports.
Video

Video Falling Gas Prices Impact US Oil Extraction

With the price of oil now less than $80 a barrel, motorists throughout the United States are benefiting from gas prices below $3 a gallon. But as VOA’s Kane Farabaugh reports, the decreasing price of petroleum has a downside for the hydraulic fracturing industry in the United States.
Video

Video Tensions Build on Korean Peninsula Amid Military Drills

It has been another tense week on the Korean peninsula as Pyongyang threatened to again test nuclear weapons while the U.S. and South Korean forces held joint military exercises in a show of force. VOA’s Brian Padden reports from the Kunsan Air Base in South Korea.
Video

Video Mama Sarah Obama Honored at UN Women’s Entrepreneurship Day

President Barack Obama's step-grandmother is in the United States to raise money to build a $12 million school and hospital center in Kogelo, Kenya, the birthplace of the president's father, Barack Obama, Sr. She was honored for her decades of work to aid poor Kenyans at a Women's Entrepreneurship Day at the United Nations.
Video

Video Ebola Economic Toll Stirs W. Africa Food Security Concerns

The World Bank said Wednesday that it expects the economic impact of the Ebola outbreak on the sub-Saharan economy to cost somewhere betweenf $3 billion to $4 billion - well below a previously-outlined worst-case scenario of $32 billion. Some economists, however, paint a gloomier picture - warning that the disruption to regional markets and trading is considerable. Henry Ridgwell reports from London.
Video

Video Chaos, Abuse Defy Solution in Libya

The political and security crisis in Libya is deepening, with competing governments and, according to Amnesty International, widespread human rights violations committed with impunity. VOA’s Al Pessin reports from London.
Video

Video US Hosts Record 866,000 Foreign Students

Close to 900,000 international students are studying at American universities and colleges, more than ever before. About half of them come from Asia, mostly China. The United States hosts more foreign students than any other country in the world, and its foreign student population is steadily growing. Zlatica Hoke reports.

All About America

AppleAndroid