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Court won’t hear appeal on 9/11 prosecution

WASHINGTON, D.C. — The Supreme Court won’t hear an appeal from a Morocco native who wants to sue a prosecutor for misconduct.

The high court on Monday refused to hear an appeal from Karim Koubriti. He was convicted in 2003 of conspiring to aid terrorists.

But the conviction was tossed the following year after the Justice Department said prosecutors withheld evidence from the defense.

A federal appeals court says the prosecutor can’t be sued because he had immunity. The Supreme Court refused to reconsider that ruling.

The justices planned to decide a similar case earlier this year where prosecutors were accused of misconduct. That case was settled before the high court could make a decision.

The case is Koubriti v. Convertino, 09-1322.

Also on Monday, the court refused to hear an appeal from detainee lawyer Thomas B. Wilner.

Wilner and other detainee lawyers filed a Freedom of Information Act request with the National Security Administration asking whether it has warrentless wiretapping records on them. But the NSA won’t say whether it does or does not, saying that revealing this information would endanger national security.

Federal courts have agreed with the NSA, saying that the FOIA does not require the divulgence of sensitive national security information.

The case is Wilner v. National Security Agency, 09-1192.

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