Wiretap Issue Leads Judge to Warn of Retrial in Terror Case

By Eric Lichtblau, New York Times

A federal judge warned Tuesday that if the government did not allow lawyers to review classified material on possible wiretapping of an Islamic scholar convicted of inciting terrorism, she might order a new trial for him.

The unexpected development is the latest legal complication involving the National Security Agency’s wiretapping program, which has produced challenges from criminal defendants as well as civil lawsuits against the government and phone carriers.

Lawyers for Ali al-Timimi, an Islamic scholar in Northern Virginia sentenced to life in prison in 2005 for inciting his followers to commit acts of terrorism, maintain that he may have been illegally wiretapped by the agency as part of its program of eavesdropping without warrants that was approved by President Bush soon after the Sept. 11 attacks.

(Original Article)