The question comes after the defense has pointed out that government witnesses, such as the head of the Internet Archive service, have posted and made publicly available past versions of the same web sites that Al-Hussayen is accused of helping maintain, thereby fostering fundraising and recruitment for terrorism.
"Defense counsel knows very well that none of the government's witnesses have been arrested for terrorism crimes," attorney Todd Hinnen told the court this morning. He said defense lawyers were just trying to "blur the lines" and confuse the jury.
Responded defense attorney David Nevin, "Nobody's ever been charged in the way that Mr. Al-Hussayen's been charged here. ... It ... bears on what really the law is about, and what has to be proved."
The judge took the request under advisement.