Boise defense attorney Scott McKay is not involved in this case, but has dealt with similar ones in the past. Back in 2004 he, and attorney David Nevin, successfully defended University of Idaho grad student Sami Al-Hussayen. McKay claims the charge of conspiracy to provide material support to a terrorist organization can be applied to broadly.
"It's applied in a way that would infringe on the first amendment, and activity that would otherwise be protected by the first amendment," said McKay.
Although US Attorney Wendy Olson said the charges against Kurbanov are different.
"He is charged in Idaho with three very specific violations of the federal law criminal code passed by congress," said Olson.
The Government claims Kurbanov not only made YouTube videos on how to make bombs, but also offered to supply software, and money to a terrorist group.
As far as the defense side of trial it can be difficult considering the climate since 9-11. Although after his clients acquittal in 2004 McKay believes terror suspects can still get a fair trial in federal court.