United States v. Omar

Omar was charged with conspiracy to provide material support to terrorists, 18 U.S.C. 2339A(a); providing material support to terrorists; conspiracy to provide material support to a designated foreign terrorist organization, 18 U.S.C. 2339B(a)(1); providing material support to a designated foreign terrorist organization; and conspiracy to murder, kidnap, and maim persons outside of the United States, 18 U.S.C. 956(a)(1). Omar moved to suppress any identification evidence. A magistrate judge held a hearing and recommended that Omar’s motion be granted, finding that the pre-trial identification technique used three witnesses was impermissibly suggestive because it amounted to a single-photograph identification and that repeated displays of Omar’s picture “served to dispel any hesitation the witnesses may have had in their original identification[s].” The district court rejected the recommendation and denied Omar’s motion, stating these witnesses “were sufficiently familiar with the Defendant to provide an accurate identification.” The court also denied a motion for disclosure or suppression of evidence obtained from electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, 50 U.S.C.1801. The Eighth Circuit affirmed his conviction, upholding admission of testimony by a government terrorism expert concerning global jihad and the court's evidentiary rulings. View "United States v. Omar" on Justia Law