Today, March 27, 2013 attorneys for the NATO 3 appeared before Judge Thaddeus Wilson to hear his ruling on an argument, given last week, that the terrorism counts filed against the NATO 3 should be dismissed.The motion to dismiss, which was filed in January, challenges the statutory definitions of “terrorism” as being unconstitutionally vague and as impermissibly restricting lawful conduct protected by the First Amendment.
In a 33 page order, Judge Wilson denied the motion to dismiss. His opinion found that the Illinois Terrorism Statute is not unconstitutionally vague on its face. Ruling on the challenge that the statute is unconstitutional as applied to the defendants, Judge Wilson denied the motion without prejudice. This means that the defendants may be able to raise the issue again after the State presents its evidence at trial.
The next court date will be Tuesday, April 16 for a status hearing.
Read the Defendant’s Motion, Memorandum, Reply and Surreply below, followed by Judge Wilson’s Order