Feds seek hearing on classified info in terror case

One of the defendants has already asked that the government turn over any information it has about him, including any audio or video recordings, and reveal whether electronic surveillance was used to gather evidence in the case.

Posted 5:51 p.m. Aug 3, 2009 — Updated 9:17 p.m. Aug 3, 2009

MIKE BAKER (Associated Press Writer)

RALEIGH, N.C. — A case against seven North Carolina terrorism suspects accused of plotting "violent jihad" may involve classified material that will raise national security issues if given to their defense attorneys, federal prosecutors said Monday.

Prosecutors requested time to review the classified material and a hearing to discuss it, according to court documents. The government filed a motion under the Classified Information Procedures Act, which sets guidelines for the disclosure of sensitive information.

Seven suspects – Daniel Patrick Boyd, 39, and his sons, Dylan Boyd, 22, and Zakariya "Zak" Boyd, 20; Hysen Sherifi, 24, Mohammad Omar Aly Hassan, 22, Ziyad Yaghi, 21, and Anes Subasic, 33, are expected to appear in federal court in Raleigh Tuesday for detention hearings.

Federal authorities on Monday also identified the eighth man wanted on the charges as Jude Kenan Mohammad, 20, of Wake County. His name was redacted from the initial indictment because he is still at large. Mohammad is believed to be in Pakistan.Prosecutors have said they hope to have him in custody soon.

One of the defendants, Hassan, has already asked that the government turn over any information it has about him, including any audio or video recordings. In a document filed Monday, Hassan's lawyer requested that the government also "disclose whether there has been any electronic surveillance, eavesdropping ... or any similar investigative techniques used in the investigation of this case" and turn over copies of any recordings.

All eight men were charged with training for and planning acts of terrorism in the Middle East and gathering money and weapons to carry out their plan.

The indictment doesn't spell out who authorities believe the men intended to kill. Instead, it cites activities as part of an organizing effort.

The charges against Daniel Boyd, the alleged ringleader of the operation, and the other suspects refer to buying guns and training in military tactics – acts that by themselves aren't criminal – as well as raising money and traveling abroad.

Kieran Shanahan, a Raleigh lawyer and former federal prosecutor,said electronic surveillance will play a key role in the case. The U.S. Attorney's Office already has filed notices that it plans to use evidence gathered through the Foreign Intelligence Surveillance Act against each defendant. FISA sets out how intelligence on foreign agents in the U.S., including suspected terrorists, can be gathered.

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