WASHINGTON, Dec. 28 (UPI) -- U.S. President George Bush's use of wiretaps without court authority has opened the door to challenges in several major terror cases.
Lawyers for cases in Florida, Ohio, Oregon and Virginia told The New York Times they will attempt to learn whether the National Security Agency used illegal wiretaps against more than 30 Muslim men linked to al-Qaida.
The newspaper said the first challenge is likely to come in Florida, where lawyers for two men charged with Jose Padilla, who is jailed as an enemy combatant, plan to file a motion as early as next week to determine if the NSA program was used to gain incriminating information on their clients and their suspected ties to al-Qaida.
Carl Tobias, a law professor at the University of Richmond who has studied terrorism prosecutions said he felt the challenges were appropriate.
"It seems to me that it would be relevant to a person's case," Tobias said. "I would expect the government to say that it is highly sensitive material, but we have legal mechanisms to balance the national security needs with the rights of defendants."
