Judge recommends suppression motion be denied

By HARRY R. WEBER - Associated Press Writer --

ATLANTA --

A judge is recommending against throwing out evidence found in the airport luggage of a man accused of aiding terrorists.

Syed Ahmed had argued that books and personal writings found in his backpack and suitcase during an August 2005 search at Atlanta's airport should not have been copied by authorities.

Ahmed and Ehsanul Sadequee, both U.S. citizens, are accused of discussing terror targets with Islamic extremists and undergoing training to carry out a "violent jihad" against civilian and government targets, including an air base in suburban Atlanta.

U.S. Magistrate Judge Gerrilyn Brill recommended Tuesday that the motion to suppress be denied. The U.S. District Court judge overseeing the case has the final say.

Brill said that the government had authority under the Foreign Intelligence Surveillance Act to "search, take custody of, examine and seize, the written documents and materials in Ahmed's bags."

FISA, passed by Congress in 1978, allows government investigators to obtain warrants from a secret court in certain cases involving national security. Brill previously recommended against suppressing statements that Ahmed made to investigators during the airport search. Ahmed was not arrested until the following year.

Federal authorities say that Ahmed was carrying personal writings that showed his frustration with Islam in Pakistan. They say he had religious books and pamphlets written in Urdu, Pakistan's national language. The potential significance of the materials has not been fully explained publicly.

Authorities say the men wanted to plan attacks for "defense of Muslims or retaliation for acts committed against Muslims." They have pleaded not guilty to a July 19, 2006, indictment.

Ahmed, born in Pakistan, was a Georgia Tech student at the time of his arrest. Sadequee, born in Virginia of Bangladeshi descent, has relatives in the Atlanta area.