National Post (National Edition)

Feds trying to ‘force-fit’ terror theory: defence

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NEW YORK BOMBING

NEW YORK • Lawyers for a man accused of plotting bomb attacks in New Jersey and New York say the government is doing everything it can to wrongfully portray their client as a terrorist.

The lawyers said in papers filed in Manhattan federal court that prosecutor­s plan to show jurors inflammato­ry evidence against Ahmad Khan Rahimi at his October trial, including letting them hear that he owned a gun, shot at police and has been charged in New Jersey with attempted murder.

Prosecutor­s responded in court papers, saying “the defendant’s murderous efforts to flee, less than 48 hours after the bombings in Manhattan, are probative of his consciousn­ess of guilt.”

Defence lawyers noted Rahimi has not been charged with a federal crime of terrorism.

Rahimi, an Afghanista­nborn U.S. citizen, has pleaded not guilty to charges alleging he detonated a pipe bomb near a Seaside Park, N.J., charity run and planted two pressure cooker bombs in Manhattan last September. A bomb in Manhattan’s Chelsea neighbourh­ood went off, injuring 30 people.

Federal prosecutor­s said evidence that defence lawyers want excluded from trial is important.

“The defendant’s interest in jihad, terrorist organizati­ons, terrorist attacks, and other terrorists, is probative of his motive, intent, and plan to commit the charged crimes,” prosecutor­s said.

The defence said it is particular­ly bothered by government plans to show jurors video links from Rahimi’s accounts that show people with head scarves, an assault rifle and a rocket-launcher, and other links to a criminal complaint and The Book of Jihad.

“The government’s insistence on introducin­g these three plainly inadmissib­le emails can only be explained by the government’s desire to cherry-pick the most inflammato­ry evidence to force-fit the ‘radicaliza­tion’ theory it

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