WARRANTLESS SURVEILLANCE FREES NEW YORK TERRORIST SUSPECT: MARYLAND DEFENSE ATTORNEY CHARLES WARE REPORTS

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Agron Hasbajrami, Petitioner v. United States of America, Respondent, 13-CV-6852, U.S. District Court for the Eastern District of New York, October 7, 2014; U.S. District Judge John Gleeson: 
Agron Hasbajrami, an Albanian man who pled guilty to a terrorism charge, can no withdraw his plea (if he so chooses) after the U.S. government disclosed that Hasbajrami's communications had been monitored prior to his arrest without a warrant.  The court's ruling in Brooklyn, New York federal court likely sets up a rare constitutional challenge to this controversial practice. 
The federal judge, John Gleeson, ruled that Hasbajrami can reverse his decision because he was denied an opportunity to question the constitutionality of the surveillance before he decided to plead guilty. 
The case is one of five in which the Justice Department has provided a criminal defendant with notice of warrantless wiretapping since officials decided last year to change the policy on disclosing such information, according to the American Civil Liberties Union. 
The ruling, issued on Friday, will allow Hasbajrami to challenge the surveillance, though Gleeson warned he was not expressing any view on the merits of that argument. 
The monitoring is authorized under a 2008 law that allows the government to collect communications without a warrant between Americans and foreign citizens abroad who are intelligence targets. The program began under former President George W. Bush and ended in 2007 before Congress revived portions of it the following year. 
Last year, the Justice Department determined that criminal defendants should be notified of such evidence, according to court filings.
Attorney Charles Ware is a Maryland-based defense law firm with a premier national criminal defense law practice.  For an initial courtesy consultation, he can be reached at (410) 730-5016 or (410) 720-6129.
[see, http://www.msn.com/en-us/news/crime/defendant-can-withdraw-us-terror-plea/10-07-2014]