Nature of the Case
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Facts
In 2004, D, an American citizen, was 21 years old and living with his parents in Massachusetts. On February 1, he flew to the United Arab Emirates with his associates, Kareem Abuzahra and Ahmad Abousamra. Abuzahra returned, but D and Abousamra continued on to Yemen in search of a terrorist training camp. They remained there for a week but were unable to locate a camp. D then returned home, while Abousamra eventually reached Iraq. In 2005, D began to translate Arab-language materials into English and post his translations on a website - at-Tibyan - that comprised an online community for those sympathetic to al-Qa'ida and Salafi-Jihadi perspectives. D was charged with providing, conspiring, and attempting to provide material support to terrorists. The articles and videos that D had circulated were shown at trial. There were videos showing the beheading of American civilians along with al-Qa'ida propaganda films. D objected to the admissibility of such highly prejudicial evidence. P claimed the evidence helped prove motive and intent in that D had been radicalized and had traveled to Yemen in order to join and assist al-Qa'ida. The court gave limiting instructions to the jury. D was convicted and appealed. One cluster of contested evidentiary rulings relates to the district court's admission of dozens of terrorism-related pictures, videos, and printed materials. D insists this vastly exceeded what was necessary to prove the government's case, inflamed the jury, and contaminated the verdict.
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