http://www.nytimes.com/2004/04/27/national/27BOIS.htmlBOISE, Idaho, April 23 — Not long after the terrorist attacks of Sept. 11, 2001, a group of Muslim students led by a Saudi Arabian doctoral candidate held a candlelight vigil in the small college town of Moscow, Idaho, and condemned the attacks as an affront to Islam.
Today, that graduate student, Sami Omar al-Hussayen, is on trial in a heavily guarded courtroom here, accused of plotting to aid and to maintain Islamic Web sites that promote jihad.
As a Web master to several Islamic organizations, Mr. Hussayen helped to maintain Internet sites with links to groups that praised suicide bombings in Chechnya and in Israel. But he himself does not hold those views, his lawyers said. His role was like that of a technical editor, they said, arguing that he cannot be held criminally liable for what others wrote.
Civil libertarians say the case poses a landmark test of what people can do or whom they can associate with in the age of terror alerts. It is one of the few times anyone has been prosecuted under language in the antiterrorism law known as the USA Patriot Act, which makes it a crime to provide "expert guidance or assistance" to groups deemed terrorist.
"Somebody who fixes a fax machine that is owned by a group that may advocate terrorism could be liable," said David Cole, a Georgetown University law professor who argued against the expert guidance part of the antiterrorism law this year, in a case where it was struck down by a federal judge.
Mr. Hussayen, 34, a father of three who was pursuing a doctorate in computer sciences at the University of Idaho, is charged with three counts of conspiracy to support terrorism and 11 counts of visa and immigration fraud. His trial opened on April 14 and is expected to last until June.
The trial offers conflicting views of Mr. Hussayen, a son of the Saudi middle class. Defense lawyers have portrayed him as a loving family man who embraces Western values while holding to his Islamic faith; the prosecution team has presented him as a secret conspirator, aiding the cause of terrorism through his computer skills.
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