NEW HAVEN, Conn. — Federal prosecutors on Wednesday played phone calls from a former Navy sailor accused of supporting terrorism by disclosing the location of ships, but the ex-sailor says a recent ruling against the Patriot Act made the calls illegal to intercept.
The phone calls were played in a court hearing to decide whether to admit the evidence in the case against Hassan Abu-Jihaad. Lawyers for Abu-Jihaad have argued that the calls and other evidence, such as e-mail searches, should be thrown out after a judge’s ruling in September that struck down portions of the Patriot Act.
In one phone call between the sailor and some friends, Abu-Jihaad is heard making what prosecutors said is a coded reference to Osama bin Laden, using the phrase “under the black leaves.”
He is also heard talking about the different techniques of American and Islamic snipers.
Abu-Jihaad, 31, of Phoenix, pleaded not guilty in April to charges he provided material support to terrorists with intent to kill U.S. citizens and disclosed classified information relating to the national defense. He has been held without bail since his arrest in March in Phoenix.
During a search of Ahmad’s computers, investigators discovered files containing classified information about the positions of U.S. Navy ships and discussing their susceptibility to attack, officials said.
Abu-Jihaad, who received an honorable discharge from the Navy in 2002, faces up to 25 years in prison if convicted.
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