Feds Mistakenly Turned Over Secret Papers

It took federal officials four months to discover that in April they had turned over secret court applications for wiretaps, which often have sensitive information from U.S. and foreign intelligence agencies, according to court papers that were unsealed this week.

The materials were given to lawyers for the Holy Land Foundation for Relief and Development and seven of its senior officers, who have been indicted on charges they illegally funneled millions of dollars to support the Hamas militant group. The U.S. government designated Hamas as a terrorist organization in 1995.

Last month, U.S. District Judge A. Joe Fish sided with prosecutors in ruling that the defense lawyers should not have had access to the materials. The lawyers have been cleared to view documents classified as secret for purposes of preparing their defense, but they may not share the information with the defendants or anyone else.

The case against the now-defunct Muslim charity is built in part on wiretaps, informants and information provided by Israel, according to court documents.

The government intended to turn over intercepted communications in Arabic and summaries of written translations involving three people or organizations that were subject to orders from the secret Foreign Intelligence Surveillance Court.

The 16 boxes of classified information also contained "FISA applications, orders and other related material that should not have been provided to defense counsel," Assistant U.S. Attorney James Jacks wrote in a filing asking for the return of the documents.

Officials blamed the mistake on an unnamed FBI agent and clerical staff who were called in to help copy files because prosecutors and agents familiar with the case were involved in another trial.

Jacks, in a brief conversation with The Associated Press Thursday, declined to comment on the case, pointing instead to the government's numerous filings.

When prosecutors and FBI agents in August realized what had transpired, Jacks unsuccessfully sought access to the room in the courthouse that serves as an office for the defense lawyers in the case.

A few days later, Jacks went to the room and demanded to know what the defense lawyers were doing, Nancy Hollander, a member of the defense team, wrote Judge Fish in August.

The judge ordered the room sealed.

Both government and defense lawyers are barred from discussing exactly what was turned over, but defense lawyers have indicated they believe the information would help their case.

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