nationalsecuritylaw United States v. Abu-Jihaad (2d Cir. Dec. 20, 2010) (affirming conviction)

* United States v. Abu-Jihaad (2d Cir. Dec. 20, 2010) (affirming conviction)

The 2nd Circuit has affirmed the conviction of Hassan Abu-Jihaad (formerly known as Paul Hall) in connection with the disclosure of national defense information (involving the movements of a Navy battlegroup) to a UK resident involved in an online extremist publication. On appeal, he argued that the trial court erred by not suppressing FISA-derived evidence (either because FISA is unconstitutional or because the government failed to comply with it), that various other evidentiary rulings were erroneous to the point of denying him a fair trial, that the evidence in any event was inadequate to support the conviction, and that various CIPA orders were an abuse of discretion. In an opinion by Judge Raggi (joined by Judges Hall and Chin), the panel rejected all of these arguments.

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