A Legal Test For Warrantless Taps

It looks like the warrentless taps are starting to get their real test. That
test is being conducted where they belong - in our court system:

COLUMBUS, Ohio -- A federal judge gave the government two months to
respond to an Ohio trucker's request that his terrorism conviction be thrown
out on grounds that the government illegally spied on him.

U.S. District Judge Leonie Brinkema cited "the potentially weighty issues
raised in the defendant's motion" in an order Wednesday that set a 60-day
timetable for the government to respond to Iyman Faris' arguments.

Faris' challenge is among the first to seek evidence of warrantless
electronic eavesdropping by the National Security Agency, a practice that
began after the Sept. 11 terror attacks.

Government officials have reportedly credited eavesdropping with
uncovering terrorist plots, including one by Faris to destroy the Brooklyn
Bridge. Critics say President Bush didn't have authority to order the
wiretaps, but he has staunchly defended the practice.

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Faris is of course one of the men convicted for his part in a plan to "blow
up" the Brooklyn Bridge. Of course the real plan was dismantling the bridge with
blow torches. This will really turn into something if the judge decides to let
him go free because evidence was obtained illegally. It will also be a massive
blow to the administration and their claims of authority to wiretap without
warrant.