Lubbock's nationally-known terror suspect Khalid Aldawsari can possibly challenge the use of classified information; just not yet. On Friday U.S. District Judge Sam Cummings ruled that Aldawsari must wait until after November 2nd to raise such a challenge.
Aldawsari is accused of collecting the material needed for a chemical bomb inside his central Lubbock apartment. Court records say his proposed targets included the home of former President George W. Bush. Aldawsari has been in jail since late February.
Last week Aldawsari's attorneys questioned the use of classified intelligence as possibly a violation of Aldawsari's rights. The native of Saudi Arabia was a Lubbock resident at first to attend college at Texas Tech, but then later to attend at South Plains college.
Aldawsari's attorneys argue that the Foreign Intelligence Surveillance Act can only be used for surveillance of a foreign power or the agent of a foreign power.
"That is not the case here," says Aldawsari's motion to suppress. "There was no foreign intelligence objective to the investigation of Aldawsari."
The motion continues, "The facts available to the defense at this stage indicate that this was an investigation into an alleged criminal activity that occurred completely within the borders of the United States. There could not have been an objective related to foreign intelligence gathering."
The judge has scheduled a September 29th hearing to challenge other evidence, but not the classified intelligence.
Meanwhile Aldawsari's defense team is reserving the right to request a change of venue. "At this time, defense counsel does not believe that 'extraordinary local prejudice will prevent a fair trial...'"
If convicted Aldawsari could face up to life in prison.
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