A Pakistani-American man's attempt to get access to secret FBI recordings as part of his malicious prosecution lawsuit against the U.S. is going before a federal judge.
A hearing is set Tuesday in Miami on the issue. The FBI is resisting efforts by Irfan Khan to obtain the classified intercepts, contending that reviewing some 40,000 calls is too burdensome and could threaten national security.
Khan attorney Michael Hanna says the calls could bolster Khan's claims that the government knew he was innocent before he was charged with conspiring to support the Pakistani Taliban terror group. Khan spent 319 days in jail before prosecutors dropped all charges.
Hanna says Khan had access to the calls in the criminal case.
Khan's father, Muslim imam Hafiz Khan, was convicted of supporting the Taliban.
