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U.S. District Court Southern District of New York (Foley Square) CRIMINAL DOCKET FOR CASE #: 1:98-cr-01023-LAK All Defendants

Case title: United States of America v. Hage et al Date Filed: 09/21/1998 Related Cases: 1:16-cv-03119-LAK 1:12-cv-03331-KTD 1:16-cv-04444-LAK 1:19-cv-02708-LAK 1:19-cv-02994-LAK Magistrate judge case numbers: 1:98-mj-02140 1:98-mj-02166

Assigned to: Judge Lewis A. Kaplan Appeals court case number: 01-1535L,01- 1550con,01-15

Defendant (1) Wadih El Hage represented by Alan Mitchel Nelson TERMINATED: 10/22/2001 Alan M. Nelson, Esq also known as 3000 Marcus Ave, Suite 1e5 "Abdus Sabbur," Lake Success, NY 11042 (516)-328-6200 Fax: (516)-328-6354 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Bruce McIntyre 361 Broadway Suite 510 New York, NY 10013 (212) 219-3100 TERMINATED: 03/15/1999 LEAD ATTORNEY Designation: CJA Appointment

Joshua Lewis Dratel Law Offices of Joshua L. Dratel, P.C. 29 Broadway, Suite 1412 New York, NY 10006 (212) 732-0707 Fax: (212) 571-6341 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Sam A. Schmidt https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 1/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Law Office of Sam A. Schmidt 115 Broadway, Suite 1704 New York, NY 10006 212 346-4666 Fax: 212 346-4665 Email: [email protected] TERMINATED: 10/22/2001 LEAD ATTORNEY Designation: CJA Appointment

Ezra Spilke Law Offices of Ezra Spilke, PLLC 1825 Foster Avenue Suite 1K Brooklyn, NY 11230 718-783-3682 Email: [email protected] ATTORNEY TO BE NOTICED Designation: CJA Appointment

Pending Counts Disposition IMPRISONMENT: LIFE imprisonment on Counts (S7)1 and (S7)3, TWENTY years on 18:2332B.F CONSPIRACY TO KILL A Counts (S7)5, and Five years on each of U.S. CITIZEN Counts (S7)287 through (S7)289 and (1sssssss) (S7)291 through (S7)305, the terms to run concurrently. Assessment: $2,100. Restitution: $33,816,561.75. IMPRISONMENT: LIFE imprisonment on 18:114.F MAIMING WITHIN SPECIAL Counts (S7)1 and (S7)3, TWENTY years on MARITIME OR TERRITORIAL Counts (S7)5, and Five years on each of JURISDICTION - Title 18 USC 114, 116 Counts (S7)287 through (S7)289 and and 117. (S7)291 through (S7)305, the terms to run (3sssssss) concurrently. Assessment: $2,100. Restitution: $33,816,561.75. IMPRISONMENT: LIFE imprisonment on Counts (S7)1 and (S7)3, TWENTY years on 18:844G.F POSSESS EXPLOSIVES ON Counts (S7)5, and Five years on each of FEDERAL PROPERTY - Title 18 USC Counts (S7)287 through (S7)289 and 844(n). (S7)291 through (S7)305, the terms to run (5sssssss) concurrently. Assessment: $2,100. Restitution: $33,816,561.75. IMPRISONMENT: LIFE imprisonment on Counts (S7)1 and (S7)3, TWENTY years on 18:1623.F FALSE DECLARATIONS Counts (S7)5, and Five years on each of BEFORE GRAND JURY/COURT Counts (S7)287 through (S7)289 and (287sssssss-289sssssss) (S7)291 through (S7)305, the terms to run concurrently. Assessment: $2,100. Restitution: $33,816,561.75. IMPRISONMENT: LIFE imprisonment on Counts (S7)1 and (S7)3, TWENTY years on 18:1623.F FALSE DECLARATIONS Counts (S7)5, and Five years on each of BEFORE GRAND JURY/COURT Counts (S7)287 through (S7)289 and (291sssssss-305sssssss) (S7)291 through (S7)305, the terms to run concurrently. Assessment: $2,100. Restitution: $33,816,561.75.

Highest Offense Level (Opening) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 2/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Felony

Terminated Counts Disposition 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' are BEFORE GRAND JURY/COURT dismissed on the motion of the United (PERJURY) States. (1-8) 18:2332(b),(d) CONSPIRACY TO All Open Counts of Indictments' are MURDER U.S. NATIONALS dismissed on the motion of the United (1s) States. 18:2332(b) CONSPIRACY TO MURDER All Open Counts of Indictments' are U.S. NATIONALS dismissed on the motion of the United (1ss) States. 18:2332(b) CONSPIRACY TO MURDER All Open Counts of Indictments' are U.S. NATIONALS dismissed on the motion of the United (1sss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts of Indictments' are U.S. CITIZEN dismissed on the motion of the United (1ssss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts of Indictments' are U.S. CITIZEN dismissed on the motion of the United (1sssss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts of Indictments' are U.S. CITIZEN dismissed on the motion of the United (1ssssss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts of Indictments' are U.S. CITIZEN dismissed on the motion of the United (1ssssssss) States. 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN All Open Counts of Indictments' are GOVERNMENT - 18 USC 956(a)(1) & (a) dismissed on the motion of the United (2)(A) States. (2ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN All Open Counts of Indictments' are GOVERNMENT - Title 18 USC 956(a)(1) dismissed on the motion of the United and (a)(2)(A). States. (2sssssss) 18:956.F CONSPIRACY TO INJURE All Open Counts of Indictments' are PROPERTY OF FOREIGN dismissed on the motion of the United GOVERNMENT States. (2ssssssss) 18:1111.F MURDER, FIRST DEGREE - 18 All Open Counts of Indictments' are USC Sections 1111, 1114, 1116 & 1117 dismissed on the motion of the United (3ssssss) States. 18:1114.F PROTECTION OF OFFICERS All Open Counts of Indictments' are AND EMPLOYEES OF U.S. dismissed on the motion of the United (3ssssssss) States. 18:2332A.F KILLING A CITIZEN All Open Counts of Indictments' are OUTSIDE THE U.S. - 18 USC Sections dismissed on the motion of the United 2332(a)(1) & (a)(3) States. (4ssssss) 18:2332A.F KILLING A CITIZEN All Open Counts of Indictments' are https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 3/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 OUTSIDE THE U.S. - Title 18 USC dismissed on the motion of the United Sections 2332(a)(1) and (a)(3). States. (4ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts of Indictments' are RESULTS - 18 USC Section 844(f)(1)(f)(3), dismissed on the motion of the United & 844(n) States. (5ssssss) All Open Counts of Indictments' are 18:844A.F PENALTIES FOR 18:842A-I dismissed on the motion of the United (5ssssssss) States. 18:2155A.F DESTRUCTION OF All Open Counts of Indictments' are NATIONAL DEFENSE MATERIALS - 18 dismissed on the motion of the United USC Section 2155(a) & (b) States. (6ssssss) 18:2155A.F DESTRUCTION OF All Open Counts of Indictments' are NATIONAL DEFENSE MATERIALS - dismissed on the motion of the United Title 18 USC 2155(a) and (b). States. (6sssssss) 18:2155A.F DESTRUCTION OF All Open Counts of Indictments' are NATIONAL DEFENSE MATERIALS dismissed on the motion of the United (6ssssssss) States. 18:844F.F PENALTIES - IF DEATH All Open Counts of Indictments' are RESULTS - Title 18 USC Section 844(f)(1), dismissed on the motion of the United (f)(3) and 2. States. (7ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts of Indictments' are RESULTS - Title 18 USC Section 844(f)(1), dismissed on the motion of the United (f)(3) and 2. States. (8ssssssss) 18:1001.F STATEMENTS OR ENTRIES All Open Counts of Indictments' are GENERALLY (FALSE STATEMENTS) dismissed on the motion of the United (9-11) States. 18:2332A.F KILLING A CITIZEN All Open Counts of Indictments' are OUTSIDE THE U.S. - Title 18 USC Section dismissed on the motion of the United 2332(a)(1), (a)(3) and 2. States. (9ssssssss) 18:2332A.F KILLING A CITIZEN All Open Counts of Indictments' are OUTSIDE THE U.S. - Title 18 USC Section dismissed on the motion of the United 2332 a(a)(1), (a)(3) and 2. States. (10ssssssss) 18:930.F POSSESS W/INTENT/USE IN All Open Counts of Indictments' are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC Section 930(c), 1111 and 2. States. (11ssssssss-223ssssssss) 18:930.F POSSESS W/INTENT/USE IN All Open Counts of Indictments' are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC Section 930(c), 1111 and 2. States. (224ssssssss-234ssssssss) 18:1623 PERJURY BEFORE FEDERAL All Open Counts of Indictments' are GRAND JURIES dismissed on the motion of the United (228s-235s) States. All Open Counts of Indictments' are 18:1623 PERJURY dismissed on the motion of the United (228ss-235ss) States. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 4/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1623 PERJURY All Open Counts of Indictments' are (228sss-235sss) dismissed on the motion of the United States. All Open Counts of Indictments' are 18:1623.F PERJURY dismissed on the motion of the United (228ssss-235ssss) States. 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' are BEFORE GRAND JURY/COURT dismissed on the motion of the United (228sssss-235sssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts of Indictments' are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (235ssssssss-275ssssssss) States. All Open Counts of Indictments' are 18:1001 FALSE STATEMENTS dismissed on the motion of the United (236s-238s) States. All Open Counts of Indictments' are 18:1001 FALSE STATEMENTS dismissed on the motion of the United (236ss-238ss) States. All Open Counts of Indictments' are 18:1001 FALSE STATEMENTS dismissed on the motion of the United (236sss-238sss) States. All Open Counts of Indictments' are 18:1001.F FALSE STATEMENTS dismissed on the motion of the United (236ssss-238ssss) States. 18:1001.F STATEMENTS OR ENTRIES All Open Counts of Indictments' are GENERALLY dismissed on the motion of the United (236sssss) States. 18:1001.F STATEMENTS OR ENTRIES All Open Counts of Indictments' are GENERALLY dismissed on the motion of the United (237sssss) States. 18:1001.F STATEMENTS OR ENTRIES All Open Counts of Indictments' are GENERALLY dismissed on the motion of the United (238sssss) States. 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' are BEFORE GRAND JURY/COURT dismissed on the motion of the United (245ssssss-264ssssss) States. 18:1001.F STATEMENTS OR ENTRIES All Open Counts of Indictments' are GENERALLY dismissed on the motion of the United (265ssssss-267ssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts of Indictments' are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (276ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts of Indictments' are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (277ssssssss-278ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts of Indictments' are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (279ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts of Indictments' are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (280ssssssss-281ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts of Indictments' are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 5/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (282ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts of Indictments' are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (283ssssssss) States. 18:844H.F EXPLOSIVES USED IN All Open Counts of Indictments' are COMMISSION OF FELONY - Title 18 dismissed on the motion of the United USC Sections 844(h)(1), 844(h)(2) and 2. States. (284ssssssss) 18:924C.F VIOLENT All Open Counts of Indictments' are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC Section 924(c) and 2. States. (285ssssssss) 18:924C.F VIOLENT All Open Counts of Indictments' are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC Section 924(c) and 2. States. (286ssssssss) 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' are BEFORE GRAND JURY/COURT dismissed on the motion of the United (287ssssssss-305ssssssss) States. 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' are BEFORE GRAND JURY/COURT dismissed on the motion of the United (290sssssss) States. 18:1001.F STATEMENTS OR ENTRIES All Open Counts of Indictments' are GENERALLY dismissed on the motion of the United (306sssssss-308sssssss) States. 18:1001.F STATEMENTS OR ENTRIES All Open Counts of Indictments' are GENERALLY dismissed on the motion of the United (306ssssssss-308ssssssss) States.

Highest Offense Level (Terminated) Felony

Complaints Disposition 18 U.S.C. 1001: FALSE STATEMENTS. [ 1:98-m -2166 ]

Assigned to: Judge Lewis A. Kaplan

Defendant (2) Fazul Abdullah Mohammed also known as Harun Fazhl also known as Fazhl Abdullah also known as Fazhl Khan

Pending Counts Disposition 18:2332(b)(d) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332(b) CONSPIRACY TO MURDER https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 6/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 U.S. NATIONALS (1s) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1ssssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING AT U.S. PROPERTY (2-3) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2s-3s) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2ss-3ss) 18:844F.F MURDER DURINGBOMBING OF U.S. PROPERTY (2sss) 18:844F.F PENALTIES - IF DEATH RESULTS (2ssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssssss) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3sss) 18:844F.F PENALTIES - IF DEATH RESULTS (3ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 7/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssssss) 18:930(c),2 MURDER (4-227) 18:930(c),2 MURDER (4s-227s) 18:930(c),1111,2 MURDER (4ss-216ss) 18:930.F MURDER (4sss-216sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (4ssss-216ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f) (3), & 844(n) (5sssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 8/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 USC Section 2155(a) & (b) (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f) (3) & 2 (7sssss-8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7ssssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sssss-10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 9/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11sssss-233sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssssss-223ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11sssssss-223sssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssssssss-223ssssssss) 18:930(c),1111,2 MURDER (217ss-227ss) 18:930.F MURDER (217sss-227sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ssss-227ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssssss-234ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssssss-234sssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssssss-234ssssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sssss-235sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235ssssss-275ssssss) 18:1111.F MURDER, FIRST DEGREE (235sssssss-275sssssss) 18:1111.F MURDER, FIRST DEGREE - https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 10/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Title 18 USC Sections 1111, 1114 and 2. (235ssssssss-275ssssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sssss-237sssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sssss-239sssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sssss-241sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sssss-244sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE (276sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssssss-278ssssss) 18:1111.F MURDER, FIRST DEGREE (277sssssss-279sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssssss-278ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssssss-281ssssss) 18:1111.F MURDER, FIRST DEGREE (280sssssss-282sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssssss-281ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 11/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssssss) 18:1111.F MURDER, FIRST DEGREE (283sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285ssssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssssss-305ssssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssssss-308ssssssss)

Highest Offense Level (Opening) Felony https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 12/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (3) Mohamed Sadeek Odeh represented by Anthony L. Ricco TERMINATED: 10/24/2001 Law Office of Anthony L. Ricco also known as 20 Vesey Street Abu Moath New York, NY 10007 also known as (212)-791-3919 Noureldine Fax: (212) 791-3940 also known as Email: [email protected] "Marwan" TERMINATED: 10/24/2001 also known as LEAD ATTORNEY Hydar Anthony L. Ricco (See above for address) TERMINATED: 10/24/2001 LEAD ATTORNEY Designation: CJA Appointment

Carl J. Herman Carl J.Herman, Esq. 443 Northfield Avenue West Orange, NJ 07052 (973)-324-1011 Fax: (973)-324-1133 Email: [email protected] TERMINATED: 10/24/2001 LEAD ATTORNEY Designation: CJA Appointment

Edward David Wilford Edward D. Wilford, Esq. 20 Vesey Street New York, NY 10007 212-528-2741 Fax: 212)-964-2926 Email: [email protected] TERMINATED: 10/24/2001 LEAD ATTORNEY Designation: CJA Appointment

Michael Alan Young Michael A. Young, Esq., 165 Christopher Street New York, NY 10014 (212) 242-4336 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 13/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Fax: (212) 924-4007 Email: [email protected] TERMINATED: 05/31/2000

Pending Counts Disposition Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:2332B.F CONSPIRACY TO KILL A referenced counts, followed by a mandatory U.S. CITIZEN 30 yea rs imprisonment on count 285 to be (1ssssss) served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 18:114.F MAIMING WITHIN SPECIAL 284 to be served consecutively to the above MARITIME OR TERRITORIAL referenced counts, followed by a mandatory JURISDICTION - Title 18 USC 114, 116 30 yea rs imprisonment on count 285 to be and 117. served consecutively to the above (3ssssss) referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:2332A.F KILLING A CITIZEN referenced counts, followed by a mandatory OUTSIDE THE U.S. - Title 18 USC 30 yea rs imprisonment on count 285 to be 2332a(a)(1) and (a)(3). served consecutively to the above (4ssssss) referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:844G.F POSSESS EXPLOSIVES ON referenced counts, followed by a mandatory FEDERAL PROPERTY - Title 18 USC 30 yea rs imprisonment on count 285 to be 844(n). served consecutively to the above (5ssssss) referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 14/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844F.F PENALTIES - IF DEATH Imprisonment: Life imprisonment on counts RESULTS - Title 18 USC 844(f)(1), (f)(3) 1,3,4,5,7,9,11 thru 223,235 thru and 2. 275,276,280,281,282, to be followed by a (7ssssss) mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 yea rs imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:2332A.F KILLING A CITIZEN referenced counts, followed by a mandatory OUTSIDE THE U.S. - Title 18 USC 30 yea rs imprisonment on count 285 to be 2332a(a)(1) and (a)(3). served consecutively to the above (9ssssss) referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:930.F POSSESS W/INTENT/USE IN referenced counts, followed by a mandatory CRIME (FEDERAL FACILITY) - Title 18 30 yea rs imprisonment on count 285 to be USC 930(c), 1111 and 2. served consecutively to the above (11ssssss-223ssssss) referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:1111.F MURDER, FIRST DEGREE - referenced counts, followed by a mandatory Title 18 USC 1111, 1114 and 2. 30 yea rs imprisonment on count 285 to be (235ssssss-275ssssss) served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. 18:1111.F MURDER, FIRST DEGREE - Imprisonment: Life imprisonment on counts Title 18 USC 1111, 1114 and 2. 1,3,4,5,7,9,11 thru 223,235 thru (276ssssss) 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 15/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 30 yea rs imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:1111.F MURDER, FIRST DEGREE - referenced counts, followed by a mandatory Title 18 USC 1111, 1116 and 2. 30 yea rs imprisonment on count 285 to be (280ssssss-281ssssss) served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:1111.F MURDER, FIRST DEGREE - referenced counts, followed by a mandatory Title 18 USC 1111, 1116 and 2. 30 yea rs imprisonment on count 285 to be (282ssssss) served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above 18:844H.F EXPLOSIVES USED IN referenced counts, followed by a mandatory COMMISSION OF FELONY - Title 18 30 yea rs imprisonment on count 285 to be USC 844(h)(1), 844(h)(2) and 2. served consecutively to the above (284ssssss) referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently wi th each other. 18:924C.F VIOLENT Imprisonment: Life imprisonment on counts CRIME/DRUGS/MACHINE GUN - Title 1,3,4,5,7,9,11 thru 223,235 thru 18 USC 924(c) and 2. 275,276,280,281,282, to be followed by a (285ssssss) mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 yea rs imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 16/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 36 months on count 284. All counts to run concurrently wi th each other.

Highest Offense Level (Opening) Felony

Terminated Counts Disposition 18:2332(b)(d) CONSPIRACY TO All open counts on all (S) Indictments are MURDER U.S. NATIONALS dismissed on the motion of the United (1) States. 18:2332(b) CONSPIRACY TO MURDER All open counts on all (S) Indictments are U.S. NATIONALS dismissed on the motion of the United (1s) States. 18:2332(b) CONSPIRACY TO MURDER All open counts on all (S) Indictments are U.S. NATIONALS dismissed on the motion of the United (1ss) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN dismissed on the motion of the United (1sss) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN dismissed on the motion of the United (1ssss) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN dismissed on the motion of the United (1sssss) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN dismissed on the motion of the United (1sssssss) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN - Title 18 USC Section dismissed on the motion of the United 2332(b). States. (1ssssssss) 18:844(f)(1),(f)(3),2 MURDER DURING All open counts on all (S) Indictments are BOMBING AT U.S. PROPERTY dismissed on the motion of the United (2-3) States. 18:844(f)(1),(f)(3),2 MURDER DURING All open counts on all (S) Indictments are BOMBING OF U.S. PROPERTY dismissed on the motion of the United (2s-3s) States. 18:844(f)(1),(f)(3),2 MURDER DURING All open counts on all (S) Indictments are BOMBING OF U.S. PROPERTY dismissed on the motion of the United (2ss-3ss) States. 18:844F.F MURDER DURINGBOMBING All open counts on all (S) Indictments are OF U.S. PROPERTY dismissed on the motion of the United (2sss) States. 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS dismissed on the motion of the United (2ssss) States. 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN All open counts on all (S) Indictments are GOVERNMENT - Title 18 USC Sections dismissed on the motion of the United 956(a)(1) and (a)(2)(A). States. (2ssssssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 17/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844F.F MURDER DURING BOMBING All open counts on all (S) Indictments are OF U.S. PROPERTY dismissed on the motion of the United (3sss) States. 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS dismissed on the motion of the United (3ssss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All open counts on all (S) Indictments are USC Sections 1111, 1114, 1116 & 1117 dismissed on the motion of the United (3sssss) States. 18:1114.F PROTECTION OF OFFICERS All open counts on all (S) Indictments are AND EMPLOYEES OF U.S. dismissed on the motion of the United (3sssssss) States. 18:1114.F PROTECTION OF OFFICERS All open counts on all (S) Indictments are AND EMPLOYEES OF U.S. - Title 18 dismissed on the motion of the United USC 1114, 1116 and 1117. States. (3ssssssss) All open counts on all (S) Indictments are 18:930(c),2 MURDER dismissed on the motion of the United (4-227) States. All open counts on all (S) Indictments are 18:930(c),2 MURDER dismissed on the motion of the United (4s-227s) States. All open counts on all (S) Indictments are 18:930(c),1111,2 MURDER dismissed on the motion of the United (4ss-216ss) States. All open counts on all (S) Indictments are 18:930.F MURDER dismissed on the motion of the United (4sss-216sss) States. 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (4ssss-216ssss) States. 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - 18 USC Sections dismissed on the motion of the United 2332(a)(1) & (a)(3) States. (4sssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. dismissed on the motion of the United (4sssssss) States. 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - Title 18 USC dismissed on the motion of the United Sections 2332(a)(1) and (a)(3). States. (4ssssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - 18 USC Section 844(f)(1)(f)(3), dismissed on the motion of the United & 844(n) States. (5sssss) All open counts on all (S) Indictments are 18:844A.F PENALTIES FOR 18:842A-I dismissed on the motion of the United (5sssssss) States. 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - Title 18 USC Section 844(n). dismissed on the motion of the United (5ssssssss) States. 18:2155A.F DESTRUCTION OF All open counts on all (S) Indictments are https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 18/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 NATIONAL DEFENSE MATERIALS - 18 dismissed on the motion of the United USC Section 2155(a) & (b) States. (6sssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) Indictments are NATIONAL DEFENSE MATERIALS - dismissed on the motion of the United Title 18 USC 2155(a) and (b). States. (6ssssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) Indictments are NATIONAL DEFENSE MATERIALS dismissed on the motion of the United (6sssssss) States. 18:2155A.F DESTRUCTION OF All open counts on all (S) Indictments are NATIONAL DEFENSE MATERIALS - dismissed on the motion of the United Title 18 USC Section 2155(a) and (b). States. (6ssssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - 18 USC Section 844(f)(1), (f) dismissed on the motion of the United (3) & 2 States. (7sssss-8sssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS dismissed on the motion of the United (7sssssss) States. 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - Title 18 USC Section 844(f)(1), dismissed on the motion of the United (f)(3) and 2. States. (7ssssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - Title 18 USC 844(f)(1), (f)(3) dismissed on the motion of the United and 2. States. (8ssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS dismissed on the motion of the United (8sssssss) States. 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - Title 18 USC Section 844(f)(1), dismissed on the motion of the United (f)(3) and 2. States. (8ssssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - 18 USC Section dismissed on the motion of the United 2332a(a)(1) & (a)(3) States. (9sssss-10sssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. dismissed on the motion of the United (9sssssss) States. 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - Title 18 USC Section dismissed on the motion of the United 2332(a)(1), (a)(3) and 2. States. (9ssssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - Title 18 USC dismissed on the motion of the United 2332a(a)(1) and (a)(3). States. (10ssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. dismissed on the motion of the United (10sssssss) States. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 19/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - Title 18 USC Section dismissed on the motion of the United 2332 a(a)(1), (a)(3) and 2. States. (10ssssssss) 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) - 18 USC dismissed on the motion of the United Section 930(c), 1111 & 2 States. (11sssss-233sssss) 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (11sssssss-223sssssss) States. 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC Section 930(c), 1111 and 2. States. (11ssssssss-223ssssssss) All open counts on all (S) Indictments are 18:930(c),1111,2 MURDER dismissed on the motion of the United (217ss-227ss) States. All open counts on all (S) Indictments are 18:930.F MURDER dismissed on the motion of the United (217sss-227sss) States. 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (217ssss-227ssss) States. 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC 930(c), 1111 and 2. States. (224ssssss-234ssssss) 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (224sssssss-234sssssss) States. 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC Section 930(c), 1111 and 2. States. (224ssssssss-234ssssssss) 18:1111.F MURDER, FIRST DEGREE - 18 All open counts on all (S) Indictments are USC Section 7(3), 1111 & 2 dismissed on the motion of the United (234sssss-235sssss) States. All open counts on all (S) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (235sssssss-275sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (235ssssssss-275ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All open counts on all (S) Indictments are USC Section 1111, 1114 & 2 dismissed on the motion of the United (236sssss-237sssss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All open counts on all (S) Indictments are USC Section 1111, 1116 & 2 dismissed on the motion of the United (238sssss-239sssss) States. 18:114.F MAIMING WITHIN SPECIAL All open counts on all (S) Indictments are MARITIME OR TERRITORIAL dismissed on the motion of the United JURISDICTION - 18 USC Section 114 & 2 States. (240sssss-241sssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 20/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844H.F EXPLOSIVES USED IN All open counts on all (S) Indictments are COMMISSION OF FELONY - 18 USC dismissed on the motion of the United Section 844(h)(1), 844(h)(2) & 2 States. (242sssss) 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN - 18 dismissed on the motion of the United USC Section 924(c) & 2 States. (243sssss-244sssss) All open counts on all (S) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (276sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (276ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC 1111, 1114 and 2. dismissed on the motion of the United (277ssssss-278ssssss) States. All open counts on all (S) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (277sssssss-279sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (277ssssssss-278ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC 1111, 1114 and 2. dismissed on the motion of the United (279ssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (279ssssssss) States. All open counts on all (S) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (280sssssss-282sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (280ssssssss-281ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (282ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC 1111, 1116 and 2. dismissed on the motion of the United (283ssssss) States. All open counts on all (S) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (283sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (283ssssssss) States. 18:844H.F EXPLOSIVES USED IN All open counts on all (S) Indictments are COMMISSION OF FELONY dismissed on the motion of the United (284sssssss) States. 18:844H.F EXPLOSIVES USED IN All open counts on all (S) Indictments are COMMISSION OF FELONY - Title 18 dismissed on the motion of the United States. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 21/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssssss) 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN dismissed on the motion of the United (285sssssss) States. 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC Section 924(c) and 2. States. (285ssssssss) 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC 924(c) and 2. States. (286ssssss) 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN dismissed on the motion of the United (286sssssss) States. 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC Section 924(c) and 2. States. (286ssssssss) 18:1623.F FALSE DECLARATIONS All open counts on all (S) Indictments are BEFORE GRAND JURY/COURT dismissed on the motion of the United (287ssssssss-305ssssssss) States. 18:1001.F STATEMENTS OR ENTRIES All open counts on all (S) Indictments are GENERALLY dismissed on the motion of the United (306ssssssss-308ssssssss) States.

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Kevin Thomas Duffy Appeals court case number: '05-0920-cr'

Defendant (4) Mohamed Rashed Daoud Al-'Owhali represented by David Baugh TERMINATED: 10/23/2001 223 South Cherry St. also known as P.O. Box 12137 Khalid Salim Saleh Bin Rashed Richmond, VA 23241 also known as (804)643-8111 "Moath" TERMINATED: 10/23/2001 also known as LEAD ATTORNEY Abdul Jabbar Ali Abel-Latif Designation: CJA Appointment

Frederick H. Cohen 500 Fifth Avenue 33rd Floor New York, NY 10110 (212) 768-1110 TERMINATED: 10/23/2001 LEAD ATTORNEY https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 22/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 ATTORNEY TO BE NOTICED Designation: CJA Appointment

Frederick Harvey Cohn Law Office of Frederick H. Cohn 111 Broadway, Suite 1805 New York, NY 10006 (212) 768-1110 Fax: (212) 267-3024 Email: [email protected] TERMINATED: 10/23/2001 LEAD ATTORNEY

Pending Counts Disposition 18:2332B.F CONSPIRACY TO KILL A Imprisonment: LIFE IMPRISONMENT. U.S. CITIZEN Supervised Release: 5 Years. (1ssssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL Imprisonment: LIFE IMPRISONMENT. JURISDICTION - Title 18 USC 114, 116 Supervised Release: 5 Years. and 117. (3ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Imprisonment: LIFE IMPRISONMENT. 2332a(a)(1) and (a)(3). Supervised Release: 5 Years. (4ssssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC Imprisonment: LIFE IMPRISONMENT. 844(n). Supervised Release: 5 Years. (5ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) Imprisonment: LIFE IMPRISONMENT. and 2. Supervised Release: 5 Years. (7ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Imprisonment: LIFE IMPRISONMENT. 2332a(a)(1) and (a)(3). Supervised Release: 5 Years. (9ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Imprisonment: LIFE IMPRISONMENT. USC 930(c), 1111 and 2. Supervised Release: 5 Years. (11ssssss-223ssssss) 18:1111.F MURDER, FIRST DEGREE - Imprisonment: LIFE IMPRISONMENT. Title 18 USC 1111, 1114 and 2. Supervised Release: 5 Years. (235ssssss-275ssssss) 18:1111.F MURDER, FIRST DEGREE - Imprisonment: LIFE IMPRISONMENT. Title 18 USC 1111, 1114 and 2. Supervised Release: 5 Years. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Imprisonment: LIFE IMPRISONMENT. Title 18 USC 1111, 1116 and 2. Supervised Release: 5 Years. (280ssssss-281ssssss) 18:1111.F MURDER, FIRST DEGREE - Imprisonment: LIFE IMPRISONMENT. Title 18 USC 1111, 1116 and 2. Supervised Release: 5 Years. (282ssssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 23/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844H.F EXPLOSIVES USED IN Imprisonment: LIFE IMPRISONMENT. COMMISSION OF FELONY - Title 18 Supervised Release: 5 Years. USC 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Imprisonment: LIFE IMPRISONMENT. 18 USC 924(c) and 2. Supervised Release: 5 Years. (285ssssss)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition 18:2332(b)(d) CONSPIRACY TO All Open Counts on All (s) Indictments are MURDER U.S. NATIONALS dismissed on the motion of the United (1) States. 18:2332(b) CONSPIRACY TO MURDER All Open Counts on All (s) Indictments are U.S. NATIONALS dismissed on the motion of the United (1s) States. 18:2332(b) CONSPIRACY TO MURDER All Open Counts on All (s) Indictments are U.S. NATIONALS dismissed on the motion of the United (1ss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts on All (s) Indictments are U.S. CITIZEN dismissed on the motion of the United (1sss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts on All (s) Indictments are U.S. CITIZEN dismissed on the motion of the United (1ssss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts on All (s) Indictments are U.S. CITIZEN dismissed on the motion of the United (1sssss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts on All (s) Indictments are U.S. CITIZEN dismissed on the motion of the United (1sssssss) States. 18:2332B.F CONSPIRACY TO KILL A All Open Counts on All (s) Indictments are U.S. CITIZEN - Title 18 USC Section dismissed on the motion of the United 2332(b). States. (1ssssssss) 18:844(f)(1),(f)(3),2 MURDER DURING All Open Counts on All (s) Indictments are BOMBING AT U.S. PROPERTY dismissed on the motion of the United (2-3) States. 18:844(f)(1),(f)(3),2 MURDER DURING All Open Counts on All (s) Indictments are BOMBING OF U.S. PROPERTY dismissed on the motion of the United (2s-3s) States. 18:844(f)(1),(f)(3),2 MURDER DURING All Open Counts on All (s) Indictments are BOMBING OF U.S. PROPERTY dismissed on the motion of the United (2ss-3ss) States. 18:844F.F MURDER DURINGBOMBING All Open Counts on All (s) Indictments are OF U.S. PROPERTY dismissed on the motion of the United (2sss) States. 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS dismissed on the motion of the United (2ssss) States. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 24/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:956.F CONSPIRACY TO INJURE All Open Counts on All (s) Indictments are PROPERTY OF FOREIGN dismissed on the motion of the United GOVERNMENT - Title 18 USC Sections States. 956(a)(1) and (a)(2)(A). (2ssssssss) 18:844F.F MURDER DURING BOMBING All Open Counts on All (s) Indictments are OF U.S. PROPERTY dismissed on the motion of the United (3sss) States. 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS dismissed on the motion of the United (3ssss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All Open Counts on All (s) Indictments are USC Sections 1111, 1114, 1116 & 1117 dismissed on the motion of the United (3sssss) States. 18:1114.F PROTECTION OF OFFICERS All Open Counts on All (s) Indictments are AND EMPLOYEES OF U.S. dismissed on the motion of the United (3sssssss) States. 18:1114.F PROTECTION OF OFFICERS All Open Counts on All (s) Indictments are AND EMPLOYEES OF U.S. - Title 18 dismissed on the motion of the United USC 1114, 1116 and 1117. States. (3ssssssss) All Open Counts on All (s) Indictments are 18:930(c),2 MURDER dismissed on the motion of the United (4-227) States. All Open Counts on All (s) Indictments are 18:930(c),2 MURDER dismissed on the motion of the United (4s-227s) States. All Open Counts on All (s) Indictments are 18:930(c),1111,2 MURDER dismissed on the motion of the United (4ss-216ss) States. All Open Counts on All (s) Indictments are 18:930.F MURDER dismissed on the motion of the United (4sss-216sss) States. 18:930.F POSSESS W/INTENT/USE IN All Open Counts on All (s) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (4ssss-216ssss) States. 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. - 18 USC Sections dismissed on the motion of the United 2332(a)(1) & (a)(3) States. (4sssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. dismissed on the motion of the United (4sssssss) States. 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. - Title 18 USC dismissed on the motion of the United Sections 2332(a)(1) and (a)(3). States. (4ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS - 18 USC Section 844(f)(1)(f)(3), dismissed on the motion of the United & 844(n) States. (5sssss) All Open Counts on All (s) Indictments are 18:844A.F PENALTIES FOR 18:842A-I dismissed on the motion of the United (5sssssss) States. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 25/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS - Title 18 USC Section 844(n). dismissed on the motion of the United (5ssssssss) States. 18:2155A.F DESTRUCTION OF All Open Counts on All (s) Indictments are NATIONAL DEFENSE MATERIALS - 18 dismissed on the motion of the United USC Section 2155(a) & (b) States. (6sssss) 18:2155A.F DESTRUCTION OF All Open Counts on All (s) Indictments are NATIONAL DEFENSE MATERIALS - dismissed on the motion of the United Title 18 USC 2155(a) and (b). States. (6ssssss) 18:2155A.F DESTRUCTION OF All Open Counts on All (s) Indictments are NATIONAL DEFENSE MATERIALS dismissed on the motion of the United (6sssssss) States. 18:2155A.F DESTRUCTION OF All Open Counts on All (s) Indictments are NATIONAL DEFENSE MATERIALS - dismissed on the motion of the United Title 18 USC Section 2155(a) and (b). States. (6ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS - 18 USC Section 844(f)(1), (f) dismissed on the motion of the United (3) & 2 States. (7sssss-8sssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS dismissed on the motion of the United (7sssssss) States. 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS - Title 18 USC Section 844(f)(1), dismissed on the motion of the United (f)(3) and 2. States. (7ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS - Title 18 USC 844(f)(1), (f)(3) dismissed on the motion of the United and 2. States. (8ssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS dismissed on the motion of the United (8sssssss) States. 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) Indictments are RESULTS - Title 18 USC Section 844(f)(1), dismissed on the motion of the United (f)(3) and 2. States. (8ssssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. - 18 USC Section dismissed on the motion of the United 2332a(a)(1) & (a)(3) States. (9sssss-10sssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. dismissed on the motion of the United (9sssssss) States. 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. - Title 18 USC Section dismissed on the motion of the United 2332(a)(1), (a)(3) and 2. States. (9ssssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. - Title 18 USC dismissed on the motion of the United States. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 26/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 2332a(a)(1) and (a)(3). (10ssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. dismissed on the motion of the United (10sssssss) States. 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) Indictments are OUTSIDE THE U.S. - Title 18 USC Section dismissed on the motion of the United 2332 a(a)(1), (a)(3) and 2. States. (10ssssssss) 18:930.F POSSESS W/INTENT/USE IN All Open Counts on All (s) Indictments are CRIME (FEDERAL FACILITY) - 18 USC dismissed on the motion of the United Section 930(c), 1111 & 2 States. (11sssss-233sssss) 18:930.F POSSESS W/INTENT/USE IN All Open Counts on All (s) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (11sssssss-223sssssss) States. 18:930.F POSSESS W/INTENT/USE IN All Open Counts on All (s) Indictments are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC Section 930(c), 1111 and 2. States. (11ssssssss-223ssssssss) All Open Counts on All (s) Indictments are 18:930(c),1111,2 MURDER dismissed on the motion of the United (217ss-227ss) States. All Open Counts on All (s) Indictments are 18:930.F MURDER dismissed on the motion of the United (217sss-227sss) States. 18:930.F POSSESS W/INTENT/USE IN All Open Counts on All (s) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (217ssss-227ssss) States. 18:930.F POSSESS W/INTENT/USE IN All Open Counts on All (s) Indictments are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC 930(c), 1111 and 2. States. (224ssssss-234ssssss) 18:930.F POSSESS W/INTENT/USE IN All Open Counts on All (s) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (224sssssss-234sssssss) States. 18:930.F POSSESS W/INTENT/USE IN All Open Counts on All (s) Indictments are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC Section 930(c), 1111 and 2. States. (224ssssssss-234ssssssss) 18:1111.F MURDER, FIRST DEGREE - 18 All Open Counts on All (s) Indictments are USC Section 7(3), 1111 & 2 dismissed on the motion of the United (234sssss-235sssss) States. All Open Counts on All (s) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (235sssssss-275sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (235ssssssss-275ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All Open Counts on All (s) Indictments are USC Section 1111, 1114 & 2 dismissed on the motion of the United (236sssss-237sssss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All Open Counts on All (s) Indictments are https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 27/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 USC Section 1111, 1116 & 2 dismissed on the motion of the United (238sssss-239sssss) States. 18:114.F MAIMING WITHIN SPECIAL All Open Counts on All (s) Indictments are MARITIME OR TERRITORIAL dismissed on the motion of the United JURISDICTION - 18 USC Section 114 & 2 States. (240sssss-241sssss) 18:844H.F EXPLOSIVES USED IN All Open Counts on All (s) Indictments are COMMISSION OF FELONY - 18 USC dismissed on the motion of the United Section 844(h)(1), 844(h)(2) & 2 States. (242sssss) 18:924C.F VIOLENT All Open Counts on All (s) Indictments are CRIME/DRUGS/MACHINE GUN - 18 dismissed on the motion of the United USC Section 924(c) & 2 States. (243sssss-244sssss) All Open Counts on All (s) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (276sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (276ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC 1111, 1114 and 2. dismissed on the motion of the United (277ssssss-278ssssss) States. All Open Counts on All (s) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (277sssssss-279sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (277ssssssss-278ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC 1111, 1114 and 2. dismissed on the motion of the United (279ssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (279ssssssss) States. All Open Counts on All (s) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (280sssssss-282sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (280ssssssss-281ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (282ssssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC 1111, 1116 and 2. dismissed on the motion of the United (283ssssss) States. All Open Counts on All (s) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (283sssssss) States. 18:1111.F MURDER, FIRST DEGREE - All Open Counts on All (s) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (283ssssssss) States. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 28/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844H.F EXPLOSIVES USED IN All Open Counts on All (s) Indictments are COMMISSION OF FELONY dismissed on the motion of the United (284sssssss) States. 18:844H.F EXPLOSIVES USED IN All Open Counts on All (s) Indictments are COMMISSION OF FELONY - Title 18 dismissed on the motion of the United USC Sections 844(h)(1), 844(h)(2) and 2. States. (284ssssssss) 18:924C.F VIOLENT All Open Counts on All (s) Indictments are CRIME/DRUGS/MACHINE GUN dismissed on the motion of the United (285sssssss) States. 18:924C.F VIOLENT All Open Counts on All (s) Indictments are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC Section 924(c) and 2. States. (285ssssssss) 18:924C.F VIOLENT All Open Counts on All (s) Indictments are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC 924(c) and 2. States. (286ssssss) 18:924C.F VIOLENT All Open Counts on All (s) Indictments are CRIME/DRUGS/MACHINE GUN dismissed on the motion of the United (286sssssss) States. 18:924C.F VIOLENT All Open Counts on All (s) Indictments are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC Section 924(c) and 2. States. (286ssssssss) 18:1623.F FALSE DECLARATIONS All Open Counts on All (s) Indictments are BEFORE GRAND JURY/COURT dismissed on the motion of the United (287ssssssss-305ssssssss) States. 18:1001.F STATEMENTS OR ENTRIES All Open Counts on All (s) Indictments are GENERALLY dismissed on the motion of the United (306ssssssss-308ssssssss) States.

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (5) Usama Bin Laden represented by Lloyd Epstein TERMINATED: 06/17/2011 EPSTEIN & WEIL also known as 225 Broadway Usamah Bin-Muhammad Bin-Ladin New York, NY 10007 TERMINATED: 06/17/2011 (212) 732-4888 also known as LEAD ATTORNEY Shaykh Usamah Bin-Ladin ATTORNEY TO BE NOTICED TERMINATED: 06/17/2011 Designation: CJA Appointment also known as Mujahid Shaykh TERMINATED: 06/17/2011 also known as https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 29/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Hajj TERMINATED: 06/17/2011 also known as al Qaqa TERMINATED: 06/17/2011 also known as the Director TERMINATED: 06/17/2011

Pending Counts Disposition None

Highest Offense Level (Opening) None

Terminated Counts Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS Nolle Prosequi. Counts Disposed. (1) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS Nolle Prosequi. Counts Disposed. (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi. Counts Disposed. (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi. Counts Disposed. (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi. Counts Disposed. (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi. Counts Disposed. (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi. Counts Disposed. (1ssssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section Nolle Prosequi. Counts Disposed. 2332(b). (1sssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY Nolle Prosequi. Counts Disposed. (2-3) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY Nolle Prosequi. Counts Disposed. (2s-3s) 18:844F.F MURDER DURINGBOMBING OF U.S. PROPERTY Nolle Prosequi. Counts Disposed. (2ss) 18:844F.F PENALTIES - IF DEATH RESULTS Nolle Prosequi. Counts Disposed. (2sss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 30/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:956.F CONSPIRACY TO INJURE Nolle Prosequi. Counts Disposed. PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2sssssss) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY Nolle Prosequi. Counts Disposed. (3ss) 18:844F.F PENALTIES - IF DEATH RESULTS Nolle Prosequi. Counts Disposed. (3sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 Nolle Prosequi. Counts Disposed. (3ssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 Nolle Prosequi. Counts Disposed. and 117. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Nolle Prosequi. Counts Disposed. (3ssssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 Nolle Prosequi. Counts Disposed. USC 1114, 1116 and 1117. (3sssssss) 18:930(c) MURDER Nolle Prosequi. Counts Disposed. (4-227) 18:930(c),1111,2 MURDER Nolle Prosequi. Counts Disposed. (4s-216s) 18:930.F MURDER Nolle Prosequi. Counts Disposed. (4ss-216ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Nolle Prosequi. Counts Disposed. (4sss-216sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections Nolle Prosequi. Counts Disposed. 2332(a)(1) & (a)(3) (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. Counts Disposed. 2332a(a)(1) and (a)(3). (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Nolle Prosequi. Counts Disposed. (4ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. Counts Disposed. Sections 2332(a)(1) and (a)(3). (4sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), Nolle Prosequi. Counts Disposed. & 844(n) (5ssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 31/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC Nolle Prosequi. Counts Disposed. 844(n). (5sssss) 18:844A.F PENALTIES FOR 18:842A-I Nolle Prosequi. Counts Disposed. (5ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). Nolle Prosequi. Counts Disposed. (5sssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 Nolle Prosequi. Counts Disposed. USC Section 2155(a) & (b) (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Nolle Prosequi. Counts Disposed. Title 18 USC 2155(a) and (b). (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS Nolle Prosequi. Counts Disposed. (6ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Nolle Prosequi. Counts Disposed. Title 18 USC Section 2155(a) and (b). (6sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f) Nolle Prosequi. Counts Disposed. (3) & 2 (7ssss-8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) Nolle Prosequi. Counts Disposed. and 2. (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS Nolle Prosequi. Counts Disposed. (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), Nolle Prosequi. Counts Disposed. (f)(3) and 2. (7sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) Nolle Prosequi. Counts Disposed. and 2. (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS Nolle Prosequi. Counts Disposed. (8ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), Nolle Prosequi. Counts Disposed. (f)(3) and 2. (8sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section Nolle Prosequi. Counts Disposed. 2332a(a)(1) & (a)(3) (9ssss-10ssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 32/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. Counts Disposed. 2332a(a)(1) and (a)(3). (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Nolle Prosequi. Counts Disposed. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Nolle Prosequi. Counts Disposed. 2332(a)(1), (a)(3) and 2. (9sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. Counts Disposed. 2332a(a)(1) and (a)(3). (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Nolle Prosequi. Counts Disposed. (10ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Nolle Prosequi. Counts Disposed. 2332 a(a)(1), (a)(3) and 2. (10sssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Nolle Prosequi. Counts Disposed. Section 930(c), 1111 & 2 (11ssss-233ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Nolle Prosequi. Counts Disposed. USC 930(c), 1111 and 2. (11sssss-223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Nolle Prosequi. Counts Disposed. (11ssssss-223ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Nolle Prosequi. Counts Disposed. USC Section 930(c), 1111 and 2. (11sssssss-223sssssss) 18:930(c),1111,2 MURDER Nolle Prosequi. Counts Disposed. (217s-227s) 18:930.F MURDER Nolle Prosequi. Counts Disposed. (217ss-227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Nolle Prosequi. Counts Disposed. (217sss-227sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Nolle Prosequi. Counts Disposed. USC 930(c), 1111 and 2. (224sssss-234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Nolle Prosequi. Counts Disposed. (224ssssss-234ssssss) 18:930.F POSSESS W/INTENT/USE IN Nolle Prosequi. Counts Disposed. CRIME (FEDERAL FACILITY) - Title 18 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 33/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 USC Section 930(c), 1111 and 2. (224sssssss-234sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 Nolle Prosequi. Counts Disposed. (234ssss-235ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Nolle Prosequi. Counts Disposed. (235sssss-275sssss) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. Counts Disposed. (235ssssss-275ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Nolle Prosequi. Counts Disposed. (235sssssss-275sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 Nolle Prosequi. Counts Disposed. (236ssss-237ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 Nolle Prosequi. Counts Disposed. (238ssss-239ssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL Nolle Prosequi. Counts Disposed. JURISDICTION - 18 USC Section 114 & 2 (240ssss-241ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Nolle Prosequi. Counts Disposed. Section 844(h)(1), 844(h)(2) & 2 (242ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 Nolle Prosequi. Counts Disposed. USC Section 924(c) & 2 (243ssss-244ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Nolle Prosequi. Counts Disposed. (276sssss) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. Counts Disposed. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Nolle Prosequi. Counts Disposed. (276sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Nolle Prosequi. Counts Disposed. (277sssss-278sssss) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. Counts Disposed. (277ssssss-279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Nolle Prosequi. Counts Disposed. (277sssssss-278sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Nolle Prosequi. Counts Disposed. (279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Nolle Prosequi. Counts Disposed. (279sssssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 34/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1111.F MURDER, FIRST DEGREE - Nolle Prosequi. Counts Disposed. Title 18 USC 1111, 1116 and 2. (280sssss-281sssss) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. Counts Disposed. (280ssssss-282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Nolle Prosequi. Counts Disposed. (280sssssss-281sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Nolle Prosequi. Counts Disposed. (282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Nolle Prosequi. Counts Disposed. (282sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Nolle Prosequi. Counts Disposed. (283sssss) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. Counts Disposed. (283ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Nolle Prosequi. Counts Disposed. (283sssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Nolle Prosequi. Counts Disposed. USC 844(h)(1), 844(h)(2) and 2. (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY Nolle Prosequi. Counts Disposed. (284ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Nolle Prosequi. Counts Disposed. USC Sections 844(h)(1), 844(h)(2) and 2. (284sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Nolle Prosequi. Counts Disposed. 18 USC 924(c) and 2. (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN Nolle Prosequi. Counts Disposed. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Nolle Prosequi. Counts Disposed. 18 USC Section 924(c) and 2. (285sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Nolle Prosequi. Counts Disposed. 18 USC 924(c) and 2. (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN Nolle Prosequi. Counts Disposed. (286ssssss) 18:924C.F VIOLENT Nolle Prosequi. Counts Disposed. CRIME/DRUGS/MACHINE GUN - Title https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 35/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18 USC Section 924(c) and 2. (286sssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT Nolle Prosequi. Counts Disposed. (287sssssss-305sssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY Nolle Prosequi. Counts Disposed. (306sssssss-308sssssss)

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (6) Muhammad Atef also known as Abu Hafs also known as Abu Hafs el Masry also known as Abu Abu Hafs el Masry el Khabir also known as Taysir also known as Aheikh Taysir Abdullah

Pending Counts Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 36/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1sssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2-3) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2s-3s) 18:844F.F MURDER DURINGBOMBING OF U.S. PROPERTY (2ss) 18:844F.F PENALTIES - IF DEATH RESULTS (2sss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2sssssss) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3ss) 18:844F.F PENALTIES - IF DEATH RESULTS (3sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3ssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3ssssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3sssssss) 18:930(c) MURDER (4-227) 18:930(c),1111,2 MURDER (4s-216s) 18:930.F MURDER (4ss-216ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (4sss-216sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 37/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 2332(a)(1) & (a)(3) (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f) (3), & 844(n) (5ssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5sssss) 18:844A.F PENALTIES FOR 18:842A-I (5ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5sssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f) (3) & 2 (7ssss-8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 38/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (f)(3) and 2. (7sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9ssss-10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10sssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11ssss-233ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11sssss-223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11ssssss-223ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11sssssss-223sssssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 39/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:930(c),1111,2 MURDER (217s-227s) 18:930.F MURDER (217ss-227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217sss-227sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224sssss-234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224ssssss-234ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224sssssss-234sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234ssss-235ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235sssss-275sssss) 18:1111.F MURDER, FIRST DEGREE (235ssssss-275ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235sssssss-275sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236ssss-237ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238ssss-239ssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240ssss-241ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243ssss-244ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276sssss) 18:1111.F MURDER, FIRST DEGREE (276ssssss) 18:1111.F MURDER, FIRST DEGREE - https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 40/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Title 18 USC Sections 1111, 1114 and 2. (276sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277sssss-278sssss) 18:1111.F MURDER, FIRST DEGREE (277ssssss-279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277sssssss-278sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280sssss-281sssss) 18:1111.F MURDER, FIRST DEGREE (280ssssss-282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280sssssss-281sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283sssss) 18:1111.F MURDER, FIRST DEGREE (283ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283sssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285sssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 41/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286sssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287sssssss-305sssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306sssssss-308sssssss)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (7) Mustafa Mohamed Fadhil also known as Mustafa Ali Elbishy also known as "Hussein" also known as Hassan Ali

Pending Counts Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 42/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (3) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3s) 18:844F.F PENALTIES - IF DEATH RESULTS (3ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 43/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 2332a(a)(1) and (a)(3). (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f) (3), & 844(n) (5sss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f) (3) & 2 (7sss-8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 44/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 and 2. (8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss-10sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11sss-233sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssss-223ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11sssss-223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssssss-223ssssss) 18:930(c),1111,2 MURDER (217-227) 18:930.F MURDER (217s-227s) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 45/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ss-227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssss-234ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssss-234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssss-234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sss-235sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235ssss-275ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssssss-275ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sss-237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sss-239sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sss-241sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sss-244sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276ssss) 18:1111.F MURDER, FIRST DEGREE (276sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssss-278ssss) 18:1111.F MURDER, FIRST DEGREE https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 46/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (277sssss-279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssss-278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss-281ssss) 18:1111.F MURDER, FIRST DEGREE (280sssss-282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssss-281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:1111.F MURDER, FIRST DEGREE (283sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 47/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18 USC Section 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssss-305ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssss-308ssssss)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (8) Khalfan Khamis Mohamed represented by David Arthur Ruhnke TERMINATED: 10/22/2001 Ruhnke & Barrett also known as 47 Park Street Khalfan Khamis Montclair, NJ 07042 (973)-744-1000 Fax: (973)-746-1490 Email: [email protected] TERMINATED: 10/22/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

David M Stern Rothman, Schneider, Soloway & Stern, LLP 100 Lafayette Street, Suite 501 New York, NY 10013 212-571-5500 Fax: 212-571-5507 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 48/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Email: [email protected] TERMINATED: 10/22/2001 LEAD ATTORNEY Designation: CJA Appointment

Jeremy Schneider Rothman, Schneider, Soloway & Stern, LLP 100 Lafayette Street, Suite 501 New York, NY 10013 212-571-5500 Fax: 212-571-5507 Email: [email protected] TERMINATED: 10/22/2001 LEAD ATTORNEY Designation: CJA Appointment

Pending Counts Disposition Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:2332B.F CONSPIRACY TO KILL A Years on count 286, to be served U.S. CITIZEN CONSECUTIVELY to the above-referene d (1ssss) counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on 18:114.F MAIMING WITHIN SPECIAL count 284 and a mandatory THIRTY (30) MARITIME OR TERRITORIAL Years on count 286, to be served JURISDICTION - Title 18 USC 114, 116 CONSECUTIVELY to the above-referene d and 117. counts. Supervised Release: FIVE (5) Years (3ssss) on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:2332A.F KILLING A CITIZEN Years on count 286, to be served OUTSIDE THE U.S. - Title 18 USC CONSECUTIVELY to the above-referene d 2332a(a)(1) and (a)(3). counts. Supervised Release: FIVE (5) Years (4ssss) on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. 18:844G.F POSSESS EXPLOSIVES ON Imprisonment: LIFE IMPRISONMENT on FEDERAL PROPERTY - Title 18 USC counts 1,3,4,5,8,10,224 thru https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 49/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 844(n). 234,277,278,279 and 283; followed by a (5ssss) mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referene d counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:844F.F PENALTIES - IF DEATH Years on count 286, to be served RESULTS - Title 18 USC 844(f)(1), (f)(3) CONSECUTIVELY to the above-referene d and 2. counts. Supervised Release: FIVE (5) Years (8ssss) on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:2332A.F KILLING A CITIZEN Years on count 286, to be served OUTSIDE THE U.S. - Title 18 USC CONSECUTIVELY to the above-referene d 2332a(a)(1) and (a)(3). counts. Supervised Release: FIVE (5) Years (10ssss) on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:930.F POSSESS W/INTENT/USE IN Years on count 286, to be served CRIME (FEDERAL FACILITY) - Title 18 CONSECUTIVELY to the above-referene d USC 930(c), 1111 and 2. counts. Supervised Release: FIVE (5) Years (224ssss-234ssss) on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. 18:1111.F MURDER, FIRST DEGREE - Imprisonment: LIFE IMPRISONMENT on Title 18 USC 1111, 1114 and 2. counts 1,3,4,5,8,10,224 thru (277ssss-278ssss) 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referene d counts. Supervised Release: FIVE (5) Years https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 50/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:1111.F MURDER, FIRST DEGREE - Years on count 286, to be served Title 18 USC 1111, 1114 and 2. CONSECUTIVELY to the above-referene d (279ssss) counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:1111.F MURDER, FIRST DEGREE - Years on count 286, to be served Title 18 USC 1111, 1116 and 2. CONSECUTIVELY to the above-referene d (283ssss) counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:844H.F EXPLOSIVES USED IN Years on count 286, to be served COMMISSION OF FELONY - Title 18 CONSECUTIVELY to the above-referene d USC 844(h)(1), 844(h)(2) and 2. counts. Supervised Release: FIVE (5) Years (284ssss) on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) 18:924C.F VIOLENT Years on count 286, to be served CRIME/DRUGS/MACHINE GUN - Title CONSECUTIVELY to the above-referene d 18 USC 924(c) and 2. counts. Supervised Release: FIVE (5) Years (286ssss) on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 51/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Highest Offense Level (Opening) Felony

Terminated Counts Disposition 18:2332(b) CONSPIRACY TO MURDER All open counts on all (S) Indictments are U.S. NATIONALS dismissed on the motion of the United (1) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN dismissed on the motion of the United (1s) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN dismissed on the motion of the United (1ss) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN dismissed on the motion of the United (1sss) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN dismissed on the motion of the United (1sssss) States. 18:2332B.F CONSPIRACY TO KILL A All open counts on all (S) Indictments are U.S. CITIZEN - Title 18 USC Section dismissed on the motion of the United 2332(b). States. (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN All open counts on all (S) Indictments are GOVERNMENT - Title 18 USC Sections dismissed on the motion of the United 956(a)(1) and (a)(2)(A). States. (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING All open counts on all (S) Indictments are BOMBING OF U.S. PROPERTY dismissed on the motion of the United (3) States. 18:844F.F MURDER DURING BOMBING All open counts on all (S) Indictments are OF U.S. PROPERTY dismissed on the motion of the United (3s) States. 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS dismissed on the motion of the United (3ss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All open counts on all (S) Indictments are USC Sections 1111, 1114, 1116 & 1117 dismissed on the motion of the United (3sss) States. 18:1114.F PROTECTION OF OFFICERS All open counts on all (S) Indictments are AND EMPLOYEES OF U.S. dismissed on the motion of the United (3sssss) States. 18:1114.F PROTECTION OF OFFICERS All open counts on all (S) Indictments are AND EMPLOYEES OF U.S. - Title 18 dismissed on the motion of the United USC 1114, 1116 and 1117. States. (3ssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - 18 USC Sections dismissed on the motion of the United 2332(a)(1) & (a)(3) States. (4sss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. dismissed on the motion of the United https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 52/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (4sssss) States. 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - Title 18 USC dismissed on the motion of the United Sections 2332(a)(1) and (a)(3). States. (4ssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - 18 USC Section 844(f)(1)(f)(3), dismissed on the motion of the United & 844(n) States. (5sss) All open counts on all (S) Indictments are 18:844A.F PENALTIES FOR 18:842A-I dismissed on the motion of the United (5sssss) States. 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - Title 18 USC Section 844(n). dismissed on the motion of the United (5ssssss) States. 18:2155A.F DESTRUCTION OF All open counts on all (S) Indictments are NATIONAL DEFENSE MATERIALS - 18 dismissed on the motion of the United USC Section 2155(a) & (b) States. (6sss) 18:2155A.F DESTRUCTION OF All open counts on all (S) Indictments are NATIONAL DEFENSE MATERIALS - dismissed on the motion of the United Title 18 USC 2155(a) and (b). States. (6ssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) Indictments are NATIONAL DEFENSE MATERIALS dismissed on the motion of the United (6sssss) States. 18:2155A.F DESTRUCTION OF All open counts on all (S) Indictments are NATIONAL DEFENSE MATERIALS - dismissed on the motion of the United Title 18 USC Section 2155(a) and (b). States. (6ssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - 18 USC Section 844(f)(1), (f) dismissed on the motion of the United (3) & 2 States. (7sss-8sss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - Title 18 USC Section 844(f)(1), dismissed on the motion of the United (f)(3) and 2. States. (7ssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS dismissed on the motion of the United (8sssss) States. 18:844F.F PENALTIES - IF DEATH All open counts on all (S) Indictments are RESULTS - Title 18 USC Section 844(f)(1), dismissed on the motion of the United (f)(3) and 2. States. (8ssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - 18 USC Section dismissed on the motion of the United 2332a(a)(1) & (a)(3) States. (9sss-10sss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - Title 18 USC Section dismissed on the motion of the United 2332(a)(1), (a)(3) and 2. States. (9ssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 53/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 OUTSIDE THE U.S. dismissed on the motion of the United (10sssss) States. 18:2332A.F KILLING A CITIZEN All open counts on all (S) Indictments are OUTSIDE THE U.S. - Title 18 USC Section dismissed on the motion of the United 2332 a(a)(1), (a)(3) and 2. States. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) - 18 USC dismissed on the motion of the United Section 930(c), 1111 & 2 States. (11sss-233sss) 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC Section 930(c), 1111 and 2. States. (11ssssss-223ssssss) All open counts on all (S) Indictments are 18:930(c),1111,2 MURDER dismissed on the motion of the United (217-227) States. All open counts on all (S) Indictments are 18:930.F MURDER dismissed on the motion of the United (217s-227s) States. 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (217ss-227ss) States. 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) dismissed on the motion of the United (224sssss-234sssss) States. 18:930.F POSSESS W/INTENT/USE IN All open counts on all (S) Indictments are CRIME (FEDERAL FACILITY) - Title 18 dismissed on the motion of the United USC Section 930(c), 1111 and 2. States. (224ssssss-234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 All open counts on all (S) Indictments are USC Section 7(3), 1111 & 2 dismissed on the motion of the United (234sss-235sss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (235ssssss-275ssssss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All open counts on all (S) Indictments are USC Section 1111, 1114 & 2 dismissed on the motion of the United (236sss-237sss) States. 18:1111.F MURDER, FIRST DEGREE - 18 All open counts on all (S) Indictments are USC Section 1111, 1116 & 2 dismissed on the motion of the United (238sss-239sss) States. 18:114.F MAIMING WITHIN SPECIAL All open counts on all (S) Indictments are MARITIME OR TERRITORIAL dismissed on the motion of the United JURISDICTION - 18 USC Section 114 & 2 States. (240sss-241sss) 18:844H.F EXPLOSIVES USED IN All open counts on all (S) Indictments are COMMISSION OF FELONY - 18 USC dismissed on the motion of the United Section 844(h)(1), 844(h)(2) & 2 States. (242sss) 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN - 18 dismissed on the motion of the United USC Section 924(c) & 2 States. (243sss-244sss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 54/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (276ssssss) States. All open counts on all (S) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (277sssss-279sssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (277ssssss-278ssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1114 and 2. dismissed on the motion of the United (279ssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (280ssssss-281ssssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (282ssssss) States. All open counts on all (S) Indictments are 18:1111.F MURDER, FIRST DEGREE dismissed on the motion of the United (283sssss) States. 18:1111.F MURDER, FIRST DEGREE - All open counts on all (S) Indictments are Title 18 USC Sections 1111, 1116 and 2. dismissed on the motion of the United (283ssssss) States. 18:844H.F EXPLOSIVES USED IN All open counts on all (S) Indictments are COMMISSION OF FELONY dismissed on the motion of the United (284sssss) States. 18:844H.F EXPLOSIVES USED IN All open counts on all (S) Indictments are COMMISSION OF FELONY - Title 18 dismissed on the motion of the United USC Sections 844(h)(1), 844(h)(2) and 2. States. (284ssssss) 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC Section 924(c) and 2. States. (285ssssss) 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN dismissed on the motion of the United (286sssss) States. 18:924C.F VIOLENT All open counts on all (S) Indictments are CRIME/DRUGS/MACHINE GUN - Title dismissed on the motion of the United 18 USC Section 924(c) and 2. States. (286ssssss) 18:1623.F FALSE DECLARATIONS All open counts on all (S) Indictments are BEFORE GRAND JURY/COURT dismissed on the motion of the United (287ssssss-305ssssss) States. 18:1001.F STATEMENTS OR ENTRIES All open counts on all (S) Indictments are GENERALLY dismissed on the motion of the United (306ssssss-308ssssss) States.

Highest Offense Level (Terminated) Felony

Complaints Disposition https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 55/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 None

Assigned to: Judge Lewis A. Kaplan

Defendant (9) Ahmed Khalfan Ghailani represented by Gregory E. Cooper TERMINATED: 01/25/2011 Gregory E. Cooper, Esq., also known as 20 Vesey Street Fupi Suite 400 TERMINATED: 01/25/2011 New York, NY 10007 also known as (212) 608-4828 Abubakary Khalfan Ahmed Ghailiani Email: [email protected] TERMINATED: 01/25/2011 TERMINATED: 01/20/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Scott Lloyd Fenstermaker The Law Offices of Scott L. Fenstermaker, P.C. 100 Park Avenue 16th Floor New York, NY 10017 (212) 302-0201 Fax: (212) 302-0327 Email: [email protected] TERMINATED: 06/29/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Michael Keith Bachrach Michael K.Bachrach, Esq., 276 Fifth Avenue Suite 501 New York, NY 10001 (212) 929-0592 Fax: (866) 328-1630 Email: [email protected] TERMINATED: 01/25/2011 ATTORNEY TO BE NOTICED Designation: CJA Appointment

Nancy Lee Ennis Quijano & Ennis, P.C. (381 Park Ave. S.) 381 Park Avenue South, Suite 701 New York, NY 10016 212 686 0666 Fax: (212) 686-8690 Email: [email protected] ATTORNEY TO BE NOTICED

Peter Enrique Quijano Quijano & Ennis, P.C. 40 Fulton Street, Floor 23 New York, NY 10038 (212) 686-0666 Fax: (212) 686-8690 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 56/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Email: [email protected] ATTORNEY TO BE NOTICED

Steve Zissou Steve Zissou & Associates 42-40 Bell Boulevard, Suite 302 Bayside, NY 11361 (718) 279-4500 Fax: (718) 281-0850 Email: [email protected] TERMINATED: 12/03/2010 ATTORNEY TO BE NOTICED

Pending Counts Disposition 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). Imprisonment: Life (5ssssss)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS Dismissed (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section Dismissed 2332(b). (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections Dismissed 956(a)(1) and (a)(2)(A). (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY Dismissed (3) 18:844F.F MURDER DURING BOMBING Dismissed OF U.S. PROPERTY https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 57/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (3s) 18:844F.F PENALTIES - IF DEATH RESULTS Dismissed (3ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 Dismissed (3sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 Dismissed and 117. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Dismissed (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 Dismissed USC 1114, 1116 and 1117. (3ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections Dismissed 2332(a)(1) & (a)(3) (4sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed 2332a(a)(1) and (a)(3). (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Dismissed (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed Sections 2332(a)(1) and (a)(3). (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), Dismissed & 844(n) (5sss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC Dismissed 844(n). (5ssss) 18:844A.F PENALTIES FOR 18:842A-I Dismissed (5sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 Dismissed USC Section 2155(a) & (b) (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Dismissed Title 18 USC 2155(a) and (b). (6ssss) 18:2155A.F DESTRUCTION OF Dismissed NATIONAL DEFENSE MATERIALS https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 58/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Dismissed Title 18 USC Section 2155(a) and (b). (6ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f) Dismissed (3) & 2 (7sss-8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) Dismissed and 2. (7ssss) 18:844F.F PENALTIES - IF DEATH RESULTS Dismissed (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), Dismissed (f)(3) and 2. (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) Dismissed and 2. (8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS Dismissed (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), Dismissed (f)(3) and 2. (8ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section Dismissed 2332a(a)(1) & (a)(3) (9sss-10sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed 2332a(a)(1) and (a)(3). (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Dismissed (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Dismissed 2332(a)(1), (a)(3) and 2. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed 2332a(a)(1) and (a)(3). (10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Dismissed (10sssss) 18:2332A.F KILLING A CITIZEN Dismissed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 59/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Dismissed Section 930(c), 1111 & 2 (11sss-233sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Dismissed USC 930(c), 1111 and 2. (11ssss-223ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Dismissed (11sssss-223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Dismissed USC Section 930(c), 1111 and 2. (11ssssss-223ssssss) 18:930(c),1111,2 MURDER Dismissed (217-227) 18:930.F MURDER Dismissed (217s-227s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Dismissed (217ss-227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Dismissed USC 930(c), 1111 and 2. (224ssss-234ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Dismissed (224sssss-234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Dismissed USC Section 930(c), 1111 and 2. (224ssssss-234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 Dismissed (234sss-235sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Dismissed (235ssss-275ssss) 18:1111.F MURDER, FIRST DEGREE Dismissed (235sssss-275sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Dismissed (235ssssss-275ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 Dismissed (236sss-237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 Dismissed (238sss-239sss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 60/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:114.F MAIMING WITHIN SPECIAL Dismissed MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sss-241sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Dismissed Section 844(h)(1), 844(h)(2) & 2 (242sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 Dismissed USC Section 924(c) & 2 (243sss-244sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Dismissed (276ssss) 18:1111.F MURDER, FIRST DEGREE Dismissed (276sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Dismissed (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Dismissed (277ssss-278ssss) 18:1111.F MURDER, FIRST DEGREE Dismissed (277sssss-279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Dismissed (277ssssss-278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Dismissed (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Dismissed (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Dismissed (280ssss-281ssss) 18:1111.F MURDER, FIRST DEGREE Dismissed (280sssss-282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Dismissed (280ssssss-281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Dismissed (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Dismissed (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Dismissed (283ssss) 18:1111.F MURDER, FIRST DEGREE Dismissed (283sssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 61/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1111.F MURDER, FIRST DEGREE - Dismissed Title 18 USC Sections 1111, 1116 and 2. (283ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Dismissed USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY Dismissed (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Dismissed USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Dismissed 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN Dismissed (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Dismissed 18 USC Section 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Dismissed 18 USC 924(c) and 2. (286ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN Dismissed (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Dismissed 18 USC Section 924(c) and 2. (286ssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT Dismissed (287ssssss-305ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY Dismissed (306ssssss-308ssssss)

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (10) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 62/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Fahid Mohammed Msalam also known as Fahad M. Ally

Pending Counts Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (3) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3s) 18:844F.F PENALTIES - IF DEATH RESULTS (3ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssss) 18:1114.F PROTECTION OF OFFICERS https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 63/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f) (3), & 844(n) (5sss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f) (3) & 2 (7sss-8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 64/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844F.F PENALTIES - IF DEATH RESULTS (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss-10sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11sss-233sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssss-223ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 65/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (11sssss-223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssssss-223ssssss) 18:930(c),1111,2 MURDER (217-227) 18:930.F MURDER (217s-227s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ss-227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssss-234ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssss-234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssss-234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sss-235sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235ssss-275ssss) 18:1111.F MURDER, FIRST DEGREE (235sssss-275sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssssss-275ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sss-237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sss-239sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sss-241sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sss-244sss) 18:1111.F MURDER, FIRST DEGREE - https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 66/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Title 18 USC 1111, 1114 and 2. (276ssss) 18:1111.F MURDER, FIRST DEGREE (276sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssss-278ssss) 18:1111.F MURDER, FIRST DEGREE (277sssss-279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssss-278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss-281ssss) 18:1111.F MURDER, FIRST DEGREE (280sssss-282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssss-281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:1111.F MURDER, FIRST DEGREE (283sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 67/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssss-305ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssss-308ssssss)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (11) Sheikh Ahmed Salim Swedan also known as Sheikh Bahamadi also known as Ahmed Ally https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 68/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

Pending Counts Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (3) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3s) 18:844F.F PENALTIES - IF DEATH RESULTS (3ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 69/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f) (3), & 844(n) (5sss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f) (3) & 2 (7sss-8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7sssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 70/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss-10sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11sss-233sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssss-223ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11sssss-223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 71/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 USC Section 930(c), 1111 and 2. (11ssssss-223ssssss) 18:930(c),1111,2 MURDER (217-227) 18:930.F MURDER (217s-227s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ss-227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssss-234ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssss-234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssss-234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sss-235sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235ssss-275ssss) 18:1111.F MURDER, FIRST DEGREE (235sssss-275sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssssss-275ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sss-237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sss-239sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sss-241sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sss-244sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276ssss) 18:1111.F MURDER, FIRST DEGREE https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 72/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (276sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssss-278ssss) 18:1111.F MURDER, FIRST DEGREE (277sssss-279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssss-278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss-281ssss) 18:1111.F MURDER, FIRST DEGREE (280sssss-282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssss-281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:1111.F MURDER, FIRST DEGREE (283sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 73/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssss-305ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssss-308ssssss)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (12) Mamdouh Mahmud Salim represented by Allan Paul Haber TERMINATED: 05/08/2019 Law Office of Allan P. Haber also known as 140 Broadway, Suite 4611 "Abu Hajer al Iraqi," New York, NY 10005 TERMINATED: 05/08/2019 (917) 374-4666 also known as Email: [email protected] "Abu Hajer," LEAD ATTORNEY TERMINATED: 05/08/2019 Designation: Retained

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 74/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Allan Paul Haber (See above for address) TERMINATED: 12/12/2016 LEAD ATTORNEY Designation: CJA Appointment

Charles Adler Goltzer & Adler 110 E. 59th St. New York, NY 10022 212-421-7600 TERMINATED: 11/13/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

George Robert Goltzer George Robert Goltzer 600 Fifth Avenue, 10th Floor New York, NY 10020 (212) 608-1260 Fax: (212)-980-2968 Email: [email protected] TERMINATED: 11/13/2000 LEAD ATTORNEY Designation: CJA Appointment

Irving Cohen Irving Cohen, Attorney-At-Law 225 Broadway Suite 2700 New York, NY 10007 212-964-2544 Email: [email protected] LEAD ATTORNEY Designation: CJA Appointment

Louis V. Fasulo Fasulo, Braverman & Di Maggio LLP 225 Broadway Suite 715 New York, NY 10007 212-566-6213 Fax: 212-566-8165 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Paul Joseph McAllister Paul J. McAllister 20 Lea Ct. Garnerville, NY 10923 (212) 274-0920 Fax: (212) 941-7108 Email: [email protected] TERMINATED: 11/13/2000 LEAD ATTORNEY Designation: CJA Appointment

Richard Bruce Lind https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 75/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Richard Lind Attorney at Law 575 Lexington Ave New York, NY 10022 212 888-7725 Fax: 212 371-2961 Email: [email protected] LEAD ATTORNEY Designation: CJA Appointment

Pending Counts Disposition None

Highest Offense Level (Opening) None

Terminated Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections Nolle Prosequi 2332(b). (1sssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections Nolle Prosequi 956(a)(1) and (a)(2)(A). (2sssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 Nolle Prosequi (3ss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 Nolle Prosequi and 117. (3sss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Nolle Prosequi (3ssss) 18:1114.F PROTECTION OF OFFICERS Nolle Prosequi AND EMPLOYEES OF U.S. - Title 18 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 76/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 USC Sections 1114, 1116 and 1117. (3sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections Nolle Prosequi 2332(a)(1) & (a)(3) (4ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Nolle Prosequi 2332(a)(1) and (a)(3). (4sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), Nolle Prosequi & 844(n) (5ss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC Nolle Prosequi 844(n). (5sss) 18:844A.F PENALTIES FOR 18:842A-I Nolle Prosequi (5ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). Nolle Prosequi (5sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 Nolle Prosequi USC Section 2155(a) & (b) (6ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Nolle Prosequi Title 18 USC 2155(a) and (b). (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS Nolle Prosequi (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Nolle Prosequi Title 18 USC Section 2155(a) and (b). (6sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) Nolle Prosequi (1), (f)(3) and 2. (7sssss-8sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Nolle Prosequi 2332(a)(1), (a)(3) and 2. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi Sections a(a)(1), (a)(3) and 2. (10sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Nolle Prosequi USC Section 930(c), 1111 and 2. (11sssss-234sssss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 77/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1111.F MURDER, FIRST DEGREE - Nolle Prosequi Title 18 USC Sections 1111, 1114 and 2. (235sssss-279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Nolle Prosequi (280sssss-283sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Nolle Prosequi USC Sections 844(h)(1), 844(h)(2) and 2. (284sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Nolle Prosequi 18 USC Sections 924(c) and 2. (285sssss-286sssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT Nolle Prosequi (287sssss-305sssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY Nolle Prosequi (306sssss-308sssss) 18:1203.F HOSTAGE TAKING Nolle Prosequi (309ssss) 18:1203.F HOSTAGE TAKING Nolle Prosequi (310ssss) 18:1117.F CONSPIRACY TO MURDER Nolle Prosequi (311ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Nolle Prosequi (312ssss) 18:111.F ASSAULTING/RESISTING/IMPEDING Nolle Prosequi OFFICERS/EMPLOYEES (313ssss-314ssss) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES Nolle Prosequi (315ssss) 18:751A.F PRISONER IN CUSTODY OF INSTITUTION OR OFFICER Nolle Prosequi (316ssss) 18:1791A.F TRAFFIC IN CONTRABAND ARTICLES - FIREARMS Nolle Prosequi (317ssss-319ssss)

Highest Offense Level (Terminated) Felony

Complaints Disposition 18 U.S.C. 2332(b): MURDER CONSPIRACY; 18 U.S.C. 2332(a): USE Nolle Prosequi OF WEAPONS OF MASS DESTRUCTION. [ 1:98-m -2140 ] 18 U.S.C. 2332(b): MURDER Nolle Prosequi https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 78/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 CONSPIRACY; 18 U.S.C. 2332a(a): CONSPIRACY TO USE WEAPONS OF MASS DESTRUCTION; 18 U.S.C. 844(d) & (n): CONSPIRACY TO TRANSPORT EXPLOSIVES; 18 U.S.C. 2155(b): CONSPIRACY TO ATTACK MILITARY FACILITIES. [ 1:98-m -2140 ]

Assigned to: Judge Lewis A. Kaplan

Defendant (13) Ali Mohamed also known as Omar also known as Ali Abdelseoud Mohamed also known as Abu Omar also known as Haydara also known as Taymour Ali Nasser also known as Ahmed Bahaa Adam

Pending Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1ssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - 18 USC 956(a)(1) & (a) (2)(A) (2s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC 956(a)(1) and (a)(2)(A). (2ss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 79/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 956(a)(1) and (a)(2)(A). (2ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3s) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f) (3), & 844(n) (5s) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ss) 18:844A.F PENALTIES FOR 18:842A-I (5sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssss) 18:844F.F PENALTIES - IF DEATH https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 80/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 RESULTS - Title 18 USC Sections 844(f) (1), (f)(3) and 2. (7ssss-8ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssss-234ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssss-279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssss-283ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285ssss-286ssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssss-305ssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssss-308ssss)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (14) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 81/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Ayman Al Zawahiri also known as Abdel Muaz also known as Dr. Ayman Al Zawahiri also known as the Doctor

Pending Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1sss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 1116 & 1117 (3) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3ss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332(a)(1) & (a)(3) (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4ss) 18:2332A.F KILLING A CITIZEN https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 82/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4sss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3) & 844(n) (5) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5s) 18:844A.F PENALTIES FOR 18:842A-I (5ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6sss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1),(f) (3) & 2 (7-8) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7s) 18:844F.F PENALTIES - IF DEATH RESULTS (7ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) (1), (f)(3) and 2. (7sss-8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8s) 18:844F.F PENALTIES - IF DEATH RESULTS (8ss) 18:2332A.F KILLING A CITIZEN https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 83/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9-10) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11-233) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11s-223s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11ss-223ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11sss-234sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224s-234s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224ss-234ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234-235) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235s-275s) 18:1111.F MURDER, FIRST DEGREE https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 84/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (235ss-275ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235sss-279sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236-237) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238-239) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240-241) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243-244) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276s) 18:1111.F MURDER, FIRST DEGREE (276ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277s-278s) 18:1111.F MURDER, FIRST DEGREE (277ss-279ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280s-281s) 18:1111.F MURDER, FIRST DEGREE (280ss-282ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280sss-283sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283s) 18:1111.F MURDER, FIRST DEGREE (283ss) 18:844H.F EXPLOSIVES USED IN https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 85/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284ss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285sss-286sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286ss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287sss-305sss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306sss-308sss)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (15) Khaled Al Fawwaz represented by Barbara Elizabeth O'Connor https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 86/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 TERMINATED: 05/20/2015 O'connor & Kirby PC also known as 174 Battery Street Abu Omar Burlington, VT 05401 TERMINATED: 05/20/2015 (802)-863-0112 also known as Fax: (802)-865-5980 Khaled Abdul Khaled Abdul Rahman Email: [email protected] Hamad al Fawwaz LEAD ATTORNEY TERMINATED: 05/20/2015 ATTORNEY TO BE NOTICED also known as Designation: CJA Appointment Hamad TERMINATED: 05/20/2015 Bobbi C Sternheim Law Offices of Bobbi C. Sternheim 33 West 19th Street-4th Fl. New York, NY 10007 (212) 243-1100 Fax: (888) 587-4737 Email: [email protected] ATTORNEY TO BE NOTICED Designation: CJA Appointment

David Vance Kirby Krantz & Berman LLP 747 Third Avenue 32nd. Floor New York, NY 10017 (212) 661-0009 Fax: (212) 355-5009 Email: [email protected] ATTORNEY TO BE NOTICED Designation: CJA Appointment

Jerrod Thompson-Hicks Federal Defenders of Ny, Inc. 52 Duane Street New York, NY 10007 (212)-417-8735 Fax: (212)-571-0392 Email: [email protected] ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment

John Robinson Law Offices of Bobbi C Sternheim 33 West 19th Street- 4th Avenue New York, NY 10007 212-243-1100 Fax: 888-587-4737 Email: [email protected] ATTORNEY TO BE NOTICED Designation: CJA Appointment

Sabrina P. Shroff Law Offices of Sabrina P. Shroff 233 Broadway New York, NY 10007 646-763-1490 Email: [email protected] ATTORNEY TO BE NOTICED https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 87/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Designation: Public Defender or Community Defender Appointment

Pending Counts Disposition Imprisonment: LIFE imprisonment on each of Counts (S7)One, (S7)Three, and 18:2332B.F CONSPIRACY TO KILL A (S7)Five, and a term of imprisonment of U.S. CITIZEN 120 months on Count (S7)Six, the terms to (1s) run concurrently. Restitution: $33,816,561.75. Imprisonment: LIFE imprisonment on each 18:114.F MAIMING WITHIN SPECIAL of Counts (S7)One, (S7)Three, and MARITIME OR TERRITORIAL (S7)Five, and a term of imprisonment of JURISDICTION - Title 18 USC 114, 116 120 months on Count (S7)Six, the terms to and 117. run concurrently. Restitution: (3s) $33,816,561.75. Imprisonment: LIFE imprisonment on each 18:844G.F POSSESS EXPLOSIVES ON of Counts (S7)One, (S7)Three, and FEDERAL PROPERTY - Title 18 USC (S7)Five, and a term of imprisonment of 844(n). 120 months on Count (S7)Six, the terms to (5s) run concurrently. Restitution: $33,816,561.75. Imprisonment: LIFE imprisonment on each 18:2155A.F DESTRUCTION OF of Counts (S7)One, (S7)Three, and NATIONAL DEFENSE MATERIALS - (S7)Five, and a term of imprisonment of Title 18 USC 2155(a) and (b). 120 months on Count (S7)Six, the terms to (6s) run concurrently. Restitution: $33,816,561.75.

Highest Offense Level (Opening) Felony

Terminated Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed. (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed. (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections Dismissed. 2332(b). (1sss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections Dismissed. 956(a)(1) and (a)(2)(A). (2sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 1116 & 1117 Dismissed. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Dismissed. (3ss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 88/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1114.F PROTECTION OF OFFICERS Dismissed. AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section Dismissed. 2332(a)(1) & (a)(3) (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Dismissed. 2332(a)(1) and (a)(3). (4sss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3) Dismissed. & 844(n) (5) 18:844A.F PENALTIES FOR 18:842A-I Dismissed. (5ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). Dismissed. (5sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 Dismissed. USC Section 2155(a) & (b) (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS Dismissed. (6ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Dismissed. Title 18 USC Section 2155(a) and (b). (6sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) Dismissed. (1), (f)(3) and 2. (7sss-8sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Dismissed. 2332(a)(1), (a)(3) and 2. (9sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed. Sections a(a)(1), (a)(3) and 2. (10sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Dismissed. USC Section 930(c), 1111 and 2. (11sss-234sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Dismissed. (235sss-279sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Dismissed. (280sss-283sss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 89/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844H.F EXPLOSIVES USED IN Dismissed. COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Dismissed. 18 USC Sections 924(c) and 2. (285sss-286sss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT Dismissed. (287sss-305sss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY Dismissed. (306sss-308sss)

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (16) Ibrahim Eidarous TERMINATED: 12/03/2008 also known as Ibrahim H.A. Eidarous TERMINATED: 12/03/2008 also known as Daoud TERMINATED: 12/03/2008 also known as Abu Abdullah TERMINATED: 12/03/2008 also known as Ibrahim TERMINATED: 12/03/2008

Pending Counts Disposition None

Highest Offense Level (Opening) None

Terminated Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi. (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi. (1s) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 90/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332B.F CONSPIRACY TO KILL A Nolle Prosequi. U.S. CITIZEN - Title 18 USC Sections 2332(b). (1ss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections Nolle Prosequi. 956(a)(1) and (a)(2)(A). (2ss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 Nolle Prosequi. and 117. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Nolle Prosequi. (3s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 Nolle Prosequi. USC Sections 1114, 1116 and 1117. (3ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. 2332a(a)(1) and (a)(3). (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Nolle Prosequi. (4s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. Section 2332(a)(1) and (a)(3). (4ss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC Nolle Prosequi. 844(n). (5) 18:844A.F PENALTIES FOR 18:842A-I Nolle Prosequi. (5s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). Nolle Prosequi. (5ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Nolle Prosequi. Title 18 USC 2155(a) and (b). (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS Nolle Prosequi. (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Nolle Prosequi. Title 18 USC Section 2155(a) and (b). (6ss) 18:844F.F PENALTIES - IF DEATH Nolle Prosequi. RESULTS - Title 18 USC 844(f)(1), (f)(3) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 91/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 and 2. (7) 18:844F.F PENALTIES - IF DEATH RESULTS Nolle Prosequi. (7s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) Nolle Prosequi. (1), (f)(3) and 2. (7ss-8ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) Nolle Prosequi. and 2. (8) 18:844F.F PENALTIES - IF DEATH RESULTS Nolle Prosequi. (8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. 2332a(a)(1) and (a)(3). (9) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Nolle Prosequi. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. Section 2332(a)(1), (a)(3) and 2. (9ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. 2332a(a)(1) and (a)(3). (10) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Nolle Prosequi. (10s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi. Sections a(a)(1), (a)(3) and 2. (10ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Nolle Prosequi. USC 930(c), 1111 and 2. (11-223) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Nolle Prosequi. (11s-223s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Nolle Prosequi. USC Section 930(c), 1111 and 2. (11ss-234ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Nolle Prosequi. USC 930(c), 1111 and 2. (224-234) 18:930.F POSSESS W/INTENT/USE IN Nolle Prosequi. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 92/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 CRIME (FEDERAL FACILITY) (224s-234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Nolle Prosequi. (235-275) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. (235s-275s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Nolle Prosequi. (235ss-279ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Nolle Prosequi. (276) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. (276s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Nolle Prosequi. (277-278) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. (277s-279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Nolle Prosequi. (279) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Nolle Prosequi. (280-281) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. (280s-282s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Nolle Prosequi. (280ss-283ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Nolle Prosequi. (282) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Nolle Prosequi. (283) 18:1111.F MURDER, FIRST DEGREE Nolle Prosequi. (283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Nolle Prosequi. USC 844(h)(1), 844(h)(2) and 2. (284) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY Nolle Prosequi. (284s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Nolle Prosequi. USC Sections 844(h)(1), 844(h)(2) and 2. (284ss) 18:924C.F VIOLENT Nolle Prosequi. CRIME/DRUGS/MACHINE GUN - Title https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 93/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18 USC 924(c) and 2. (285) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN Nolle Prosequi. (285s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Nolle Prosequi. 18 USC Sections 924(c) and 2. (285ss-286ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Nolle Prosequi. 18 USC 924(c) and 2. (286) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN Nolle Prosequi. (286s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT Nolle Prosequi. (287ss-305ss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY Nolle Prosequi. (306ss-308ss)

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (17) Adel Abdel Bary represented by Ahmed Ghappour TERMINATED: 02/12/2015 The Law Offices of Ahmed Ghappour also known as P.O. Box 20367 Adel M.A.A.A. Bary Seattle, WA 98102 TERMINATED: 02/12/2015 (415) 598-8605 also known as Fax: (866)-929-9610 Abbas Email: [email protected] TERMINATED: 02/12/2015 PRO HAC VICE also known as ATTORNEY TO BE NOTICED Abu Dia Designation: Retained TERMINATED: 02/12/2015 also known as Andrew G. Patel Adel Andrew G. Patel TERMINATED: 02/12/2015 80 Broad Street Suite 1900 New York, NY 10004 212-349-0230 Fax: 646-304-6604 Email: [email protected] ATTORNEY TO BE NOTICED Designation: CJA Appointment

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 94/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Jill R. Shellow Law Offices of Jill R. Shellow 80 Broad Street Suite 1900 New York, NY 10004 NY 212-792-4911 Fax: 212-792-4946 Email: [email protected] ATTORNEY TO BE NOTICED Designation: CJA Appointment

Lauren Sarah Kessler Law Office of Andrew G. Patel 111 Broadway New York, NY 10006 (212)-349-0434 Fax: (000)-000-0000 Email: [email protected] ATTORNEY TO BE NOTICED

Linda Moreno Linda Moreno P.A. P.O. Box 10985 Tampa, FL 33679 (813)-486-6166 Fax: (212)-346-4665 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Designation: CJA Appointment

Zoe Jayde Dolan Zoe Dolan, Attorney at Law 30 Vesey street Suite 100 New York, NY 10007 (347) 301-5180 Email: [email protected] TERMINATED: 05/31/2013 ATTORNEY TO BE NOTICED Designation: CJA Appointment

Pending Counts Disposition 18:844N.F CONSPIRACY TO USE MAIL, Imprisonment: 120 months on each of TELEPHONES, TELEGRAPH, AND Counts (S15)One and (S15)Two and 60 OTHER INSTRUMENTS OF FOREIGN months on Count (S15)Three, the terms to COMMERCE TO MAKE THREAT TO be served consecutively, for an aggregate KILL, INJURY, INTIMIDATE BY USE OF term of imprisonment of 300 months. EXPLOSIVES Restitution: $33,816,561.75. (1sss) 18:844E.F USE OF THE MAIL, Imprisonment: 120 months on each of TELEPHONES, TELEGRAPH, AND Counts (S15)One and (S15)Two and 60 OTHER INSTRUMENTS OF FOREIGN months on Count (S15)Three, the terms to COMMERCE TO MAKE A THREAT TO be served consecutively, for an aggregate KILL, INJURY, INTIMIDATE BY USE OF term of imprisonment of 300 months. EXPLOSIVES Restitution: $33,816,561.75. (2sss) 18:371.F CONSPIRACY TO KILL U.S. Imprisonment: 120 months on each of https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 95/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 NATIONALS OUTSIDE OF THE UNITED Counts (S15)One and (S15)Two and 60 STATES months on Count (S15)Three, the terms to (3sss) be served consecutively, for an aggregate term of imprisonment of 300 months. Restitution: $33,816,561.75.

Highest Offense Level (Opening) Felony

Terminated Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed. (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Dismissed. (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections Dismissed. 2332(b). (1ss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections Dismissed. 956(a)(1) and (a)(2)(A). (2ss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 Dismissed. and 117. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Dismissed. (3s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 Dismissed. USC Sections 1114, 1116 and 1117. (3ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed. 2332a(a)(1) and (a)(3). (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Dismissed. (4s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Dismissed. 2332(a)(1) and (a)(3). (4ss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC Dismissed. 844(n). (5) 18:844A.F PENALTIES FOR 18:842A-I Dismissed. (5s) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 96/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). Dismissed. (5ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Dismissed. Title 18 USC 2155(a) and (b). (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS Dismissed. (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Dismissed. Title 18 USC Section 2155(a) and (b). (6ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) Dismissed. and 2. (7) 18:844F.F PENALTIES - IF DEATH RESULTS Dismissed. (7s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) Dismissed. (1), (f)(3) and 2. (7ss-8ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) Dismissed. and 2. (8) 18:844F.F PENALTIES - IF DEATH RESULTS Dismissed. (8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed. 2332a(a)(1) and (a)(3). (9) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Dismissed. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Dismissed. 2332(a)(1), (a)(3) and 2. (9ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed. 2332a(a)(1) and (a)(3). (10) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Dismissed. (10s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Dismissed. Sections a(a)(1), (a)(3) and 2. (10ss) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 97/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Dismissed. USC 930(c), 1111 and 2. (11-223) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Dismissed. (11s-223s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Dismissed. USC Section 930(c), 1111 and 2. (11ss-234ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Dismissed. USC 930(c), 1111 and 2. (224-234) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) Dismissed. (224s-234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Dismissed. (235-275) 18:1111.F MURDER, FIRST DEGREE Dismissed. (235s-275s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Dismissed. (235ss-279ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Dismissed. (276) 18:1111.F MURDER, FIRST DEGREE Dismissed. (276s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Dismissed. (277-278) 18:1111.F MURDER, FIRST DEGREE Dismissed. (277s-279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Dismissed. (279) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Dismissed. (280-281) 18:1111.F MURDER, FIRST DEGREE Dismissed. (280s-282s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Dismissed. (280ss-283ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Dismissed. (282) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. Dismissed. (283) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 98/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1111.F MURDER, FIRST DEGREE Dismissed. (283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Dismissed. USC 844(h)(1), 844(h)(2) and 2. (284) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY Dismissed. (284s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 Dismissed. USC Sections 844(h)(1), 844(h)(2) and 2. (284ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Dismissed. 18 USC 924(c) and 2. (285) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN Dismissed. (285s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Dismissed. 18 USC Sections 924(c) and 2. (285ss-286ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Dismissed. 18 USC 924(c) and 2. (286) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN Dismissed. (286s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT Dismissed. (287ss-305ss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY Dismissed. (306ss-308ss)

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (18) Saif Al Adel also known as Saif

Pending Counts Disposition https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 99/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4s) 18:844A.F PENALTIES FOR 18:842A-I (5) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) (1), (f)(3) and 2. (7s-8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11s-234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235s-279s) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 100/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280s-283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285s-286s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287s-305s) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306s-308s)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (19) Abdullah Ahmed Abdullah also known as Abu Mohamed el Masry also known as Saleh also known as Abu Marium

Pending Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 101/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 956(a)(1) and (a)(2)(A). (2s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4s) 18:844A.F PENALTIES FOR 18:842A-I (5) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6s) 18:844F.F PENALTIES - IF DEATH RESULTS (7) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) (1), (f)(3) and 2. (7s-8s) 18:844F.F PENALTIES - IF DEATH RESULTS (8) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10s) 18:930.F POSSESS W/INTENT/USE IN https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 102/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 CRIME (FEDERAL FACILITY) (11-223) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11s-234s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224-234) 18:1111.F MURDER, FIRST DEGREE (235-275) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235s-279s) 18:1111.F MURDER, FIRST DEGREE (276) 18:1111.F MURDER, FIRST DEGREE (277-279) 18:1111.F MURDER, FIRST DEGREE (280-282) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280s-283s) 18:1111.F MURDER, FIRST DEGREE (283) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285s-286s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287s-305s) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306s-308s)

Highest Offense Level (Opening) Felony

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 103/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (20) Muhsin Musa Matwalli Atwah also known as Abdel Rahman al Muhajer also known as Abdel Rahman

Pending Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4s) 18:844A.F PENALTIES FOR 18:842A-I (5) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 104/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Title 18 USC Section 2155(a) and (b). (6s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) (1), (f)(3) and 2. (7s-8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11s-234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235s-279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280s-283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285s-286s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287s-305s) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306s-308s)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 105/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

Defendant (21) Anas Al Liby represented by Arnold Jay Levine TERMINATED: 04/09/2015 Arnold J. Levine, ESQ. also known as 233 Broadway Nazih al Raghie Suite 900 TERMINATED: 04/09/2015 New York, NY 10279 also known as 917-951-9626 Anas al Sebai Fax: 866-611-5708 TERMINATED: 04/09/2015 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Bernard V. Kleinman Law Office Bernard V. Kleinman 2 Gannett Drive Suite 102 White Plains, NY 10604-3536 (914)644-6600 Fax: (914)664-6661 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

David E. Patton Federal Defenders of New York Inc. (NYC) 52 Duane Street 10th Floor New York, NY 10007 212-417-8700 Fax: 212-571-0392 Email: [email protected] TERMINATED: 10/22/2013 Designation: Public Defender or Community Defender Appointment

Sabrina P. Shroff (See above for address) TERMINATED: 10/22/2013 Designation: Public Defender or Community Defender Appointment

Pending Counts Disposition None

Highest Offense Level (Opening) None

Terminated Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Nolle Prosequi (1) 18:2332B.F CONSPIRACY TO KILL A Nolle Prosequi U.S. CITIZEN - Title 18 USC Sections https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 106/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 2332(b). (1s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections Nolle Prosequi 956(a)(1) and (a)(2)(A). (2s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Nolle Prosequi (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 Nolle Prosequi USC Sections 1114, 1116 and 1117. (3s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Nolle Prosequi 2332(a)(1) and (a)(3). (4s) 18:844A.F PENALTIES FOR 18:842A-I Nolle Prosequi (5) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). Nolle Prosequi (5s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS Nolle Prosequi (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Nolle Prosequi Title 18 USC Section 2155(a) and (b). (6s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f) Nolle Prosequi (1), (f)(3) and 2. (7s-8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section Nolle Prosequi 2332(a)(1), (a)(3) and 2. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Nolle Prosequi Sections a(a)(1), (a)(3) and 2. (10s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 Nolle Prosequi USC Section 930(c), 1111 and 2. (11s-234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Nolle Prosequi (235s-279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Nolle Prosequi (280s-283s) 18:844H.F EXPLOSIVES USED IN Nolle Prosequi COMMISSION OF FELONY - Title 18 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 107/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 USC Sections 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title Nolle Prosequi 18 USC Sections 924(c) and 2. (285s-286s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT Nolle Prosequi (287s-305s) 18:1001.F STATEMENTS OR ENTRIES GENERALLY Nolle Prosequi (306s-308s)

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (22) L'Houssiane Kherchtou represented by Thomas Francis Dunn also known as Thomas F.X. Dunn Abu Talal 225 Broadway, Suite 1515 also known as New York, NY 10007 "Talal" (212)941-9940 also known as Fax: (866) 531-6558 "Yusuf" Email: [email protected] also known as ATTORNEY TO BE NOTICED "Joseph." Designation: CJA Appointment also known as "Jamal."

Pending Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN-18:2332(b) Conspiracy to Kill United States Nationals. (1)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 108/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Assigned to: Judge Lewis A. Kaplan

Defendant (23) Mohamed Suleiman Al Nalfi represented by Joshua Lewis Dratel TERMINATED: 02/21/2003 (See above for address) also known as TERMINATED: 02/21/2003 Nalfi LEAD ATTORNEY also known as ATTORNEY TO BE NOTICED Abu Musab Designation: CJA Appointment also known as Mohamed Suleiman Adam

Pending Counts Disposition The defendant is hereby committed to the 18:2155B.F CONSPIRACY - custody of the United States Bureau of DESTRUCTION OF NATIONAL Prisons to be imprisoned for a total of 121 DEFENSE MATERIALS MONTHS. Upon release from (1s) imprisonment, the defendant shall be on supervised release for a term of 3 YEARS.

Highest Offense Level (Opening) Felony

Terminated Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section The underlying indictment is dismissed on 2332(b). the motion of the United States. (1) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 The underlying indictment is dismissed on USC Sections 1114, 1116 and 1117. the motion of the United States. (3) 18:844F.F PENALTIES - IF DEATH The underlying indictment is dismissed on RESULTS - Title 18 USC Section 844(n). the motion of the United States. (5) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - The underlying indictment is dismissed on Title 18 USC Section 2155(a) and (b). the motion of the United States. (6)

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (24) Jamal Ahmed Mohammed Ali Al-Badawi also known as Abu Abed Al Rahman Al-Badawi https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 109/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

Pending Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (2-18) 18:1111.F MURDER, FIRST DEGREE (CONSPIRACY TO MURDER U.S. MILITARY PERSONNEL) (19) 18:1111.F MURDER, FIRST DEGREE (MURDER OF U.S. MILITARY PERSONNEL) (20-36) 18:1111.F MURDER, FIRST DEGREE (ATTEMPTED MURDER OF U.S. MILITARY PERSONNEL) (37) 18:1111.F MURDER, FIRST DEGREE (ATTEMPTED MURDER OF U.S. MILITARY PERSONNEL) (38) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (CONSPIRACY TO USE A WEAPON OF MASS DESTRUCTION) (39) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (USE/ATTEMPTED USE OF WEAPON OF MASS DESTRUCTION) (40) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (USE/ATTEMPTED USE OF WEAPON OF MASS DESTRUCTION) (41) 18:844F.F PENALTIES - IF DEATH RESULTS (CONSPIRACY TO DESTROY U.S. BUILDINGS AND PROPERTY) (42) 18:844F.F PENALTIES - IF DEATH RESULTS (DAMAGING AND DESTROYING U.S. PROPERTY) (43) 18:844F.F PENALTIES - IF DEATH RESULTS (ATTEMPTING TO DAMAGE AND DESTROY U.S. PROPERTY) (44) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (CONSPIRACY TO ATTACK U.S. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 110/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 DEFENSE FACILITIES) (45) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (USING AND CARRYING A DANGEROUS DEVICE DURING A FEDERAL CRIME OF VIOLENCE) (46) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (USING AND CARRYING AN EXPLOSIVE DURING A FEDERAL CRIME VIOLENCE) (47) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (USING AND CARRYING A DANGEROUS DEVICE DURING A FEDERAL CRIME OF VIOLENCE) (48) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (49) 18:2339A.F TERRORIST ACTIVITY (PROVIDING AND CONSPIRING TO PROVIDE MATERIAL SUPPORT TO A TERRORIST ORGANIZATION) (50-51)

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (25) Fahd Al-Quso also known as Abu Hathayfah Al-Adani

Pending Counts Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 111/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (2-18) 18:1111.F MURDER, FIRST DEGREE (CONSPIRACY TO MURDER U.S. MILITARY PERSONNEL) (19) 18:1111.F MURDER, FIRST DEGREE (MURDER OF U.S. MILITARY PERSONNEL) (20-36) 18:1111.F MURDER, FIRST DEGREE (ATTEMPTED MURDER OF U.S. MILITARY PERSONNEL) (37) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (CONSPIRACY TO USE A WEAPON OF MASS DESTRUCTION) (39) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (USE/ATTEMPTED USE OF WEAPON OF MASS DESTRUCTION) (40) 18:844F.F PENALTIES - IF DEATH RESULTS (CONSPIRACY TO DESTROY U.S. BUILDINGS AND PROPERTY) (42) 18:844F.F PENALTIES - IF DEATH RESULTS (DAMAGING AND DESTROYING U.S. PROPERTY) (43) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (CONSPIRACY TO ATTACK U.S. DEFENSE FACILITIES) (45) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (USING AND CARRYING A DANGEROUS DEVICE DURING A FEDERAL CRIME OF VIOLENCE) (46) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (USING AND CARRYING AN EXPLOSIVE DURING A FEDERAL CRIME VIOLENCE) (47) 18:2339A.F TERRORIST ACTIVITY (PROVIDING AND CONSPIRING TO PROVIDE MATERIAL SUPPORT TO A TERRORIST ORGANIZATION) (50-51) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 112/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

Highest Offense Level (Opening) Felony

Terminated Counts Disposition None

Highest Offense Level (Terminated) None

Complaints Disposition None

Assigned to: Judge Lewis A. Kaplan

Defendant (26) Sulaiman Abu Ghayth represented by Stanley Lewis Cohen TERMINATED: 09/23/2014 Stanley L. Cohen & Associates, LLC 119 Avenue D New York, NY 10009 Fax: (212)-995-5574 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Ashraf Wajih Nubani Busch & Nubani, P.C. 5029 Backlick Road, Suite A Annandale, VA 22003 703-658-5151 Fax: 703-658-9200 Email: [email protected] ATTORNEY TO BE NOTICED Designation: Retained

Geoffrey St. Andrew Stewart Geoffrey St. Andrew Stewart 139 Fulton Street Suite 508 New York, NY 10038 212-625-9696 Fax: 212-625-3939 Email: [email protected] ATTORNEY TO BE NOTICED Designation: Retained

Jonathan Andrew Marvinny Federal Defenders of New York Inc. (NYC) 52 Duane Street 10th Floor New York, NY 10007 (212)-417-8792 Fax: (212)-571-0392 Email: [email protected] https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 113/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 TERMINATED: 05/28/2013 Designation: Public Defender or Community Defender Appointment

Justine Aleta Harris Colson & Harris LLP 80 Broad Street, 19th Floor New York, NY 10004 NY (212) 257-6454 Fax: (212) 257-6453 Email: [email protected] TERMINATED: 05/28/2013 Designation: CJA Appointment

Martin Samuel Cohen Federal Defenders of New York Inc. (NYC) 52 Duane Street 10th Floor New York, NY 10007 (212)-417-8737 Fax: (212)-571-0392 Email: [email protected] TERMINATED: 05/28/2013 Designation: Public Defender or Community Defender Appointment

Philip L Weinstein Federal Defenders of New York Inc. (NYC) 52 Duane Street 10th Floor New York, NY 10007 212-417-8700 Fax: 212-571-0392 Email: [email protected] TERMINATED: 05/28/2013 Designation: Public Defender or Community Defender Appointment

Zoe Jayde Dolan Zoe Dolan, Attorney at Law 154 Grand Street New York, NY 10007 (347) 301-5180 Email: [email protected] ATTORNEY TO BE NOTICED Designation: Retained

Pending Counts Disposition Imprisonment for a total termof Life on Count (S14) One, 15 years on Count 18:2332B.F CONSPIRACY TO KILL A (S14)Two, and 15 years on Count Three U.S. NATIONALS (S14). The terms on Counts Two and Three (1s) to run consecutively with each other and concurrently with the term on Count One. 18:2339B.F CONSPIRACY TO PROVIDE Imprisonment for a total termof Life on MATERIAL SUPPORT OR RESOURCES Count (S14) One, 15 years on Count (S14)Two, and 15 years on Count Three https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 114/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 TO TERRORISTS (S14). The terms on Counts Two and Three (2s) to run consecutively with each other and concurrently with the term on Count One. Imprisonment for a total termof Life on 18:2339B.F PROVIDING MATERIAL Count (S14) One, 15 years on Count SUPPORT OR RESOURCES TO (S14)Two, and 15 years on Count Three TERRORISTS (S14). The terms on Counts Two and Three (3s) to run consecutively with each other and concurrently with the term on Count One.

Highest Offense Level (Opening) Felony

Terminated Counts Disposition 18:2332B.F CONSPIRACY TO KILL U.S. NATIONALS Dismissed on motion of the United States. (1)

Highest Offense Level (Terminated) Felony

Complaints Disposition None

Amicus The Center for Constitutional Rights represented by Andrew Weissmann Jenner & Block LLP (NYC) 919 Third Avenue, 39th Floor New York, NY 10022 (212)-891-1650 Fax: (212)-891-1699 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brian Jason Fischer Jenner & Block LLP (NYC) 919 Third Avenue, 39th Floor New York, NY 10022 (212) 891-1629 Fax: (212) 891-1699 Email: bfi[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Ben Tehrani Jenner & Block LLP (NYC ) 919 Third Avenue, 37th Floor New York, NY 10022 (212) 891-1646 Fax: (212) 891-1699 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 115/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

Amicus Criminal Justice Legal Foundation represented by Kent Scheidegger Criminal Justice Legal Foundation 2131 "L" Street Sacremento, CA 95816 (916) 446-0345 Fax: (916) 446-1194 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Amicus Center on the Administration for Criminal Law

Plaintiff United States of America represented by Adam Fee Milbank LLP 55 Hudson Yards New York, NY 10001 212-530-5101 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam Fee United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 212-637-1589 Fax: 212-637-2527 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Alan Raskin Clifford Chance US LLP 31 West 52 Street New York, NY 10019 (212) 878-8000 Fax: (212) 878-8375 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick Joseph Fitzgerald Skadden, Arps, Slate, Meagher & Flom, LLP (IL) 155 North Wacker Drive Suite 2700 Chicago, IL 60606-1720 (312)-407-0508 Fax: (312)-827-9320 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 116/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Email: patrick.j.fi[email protected] LEAD ATTORNEY

Amanda Leigh Houle United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 (212)-637-2194 Email: [email protected] ATTORNEY TO BE NOTICED

Harry A. Chernoff U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 212 637 2200 Fax: 212 637 2390 Email: [email protected] ATTORNEY TO BE NOTICED

Jacob Gutwillig United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 212-637-2215 Email: [email protected] ATTORNEY TO BE NOTICED

John Peter Cronan U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 212-637-2779 Fax: 212- 637 2390 Email: [email protected] ATTORNEY TO BE NOTICED

Leslie C. Brown United States Attorney SDNY 1 Saint Andrew One Saint Andrew's Plaza New York, NY 10007 (212)-637-2638 Fax: (212)-637-0097 Email: [email protected] ATTORNEY TO BE NOTICED

Michael E. Farbiarz U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 212-637-1587 Fax: 212-637-2937 Email: [email protected] ATTORNEY TO BE NOTICED

Michael Ferrara U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 117/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (212) 637-2526 Fax: (212) 637-2937 Email: [email protected] ATTORNEY TO BE NOTICED

Nicholas James Lewin U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 (212) 637-2337 Fax: (212) 637-2937 Email: [email protected] ATTORNEY TO BE NOTICED

Peter John Davis United States Attorney's Office One St. Andrew's Plaza New York, NY 10007 212-637-2468 Email: [email protected] ATTORNEY TO BE NOTICED

Rachel Peter Kovner United States Attorney Office, SDNY One Saint Andrew's Plaza New York, NY 10007 (212)-637-2470 Fax: (212)-637-2937 Email: [email protected] ATTORNEY TO BE NOTICED

Sean Stephen Buckley United States Attorney SDNY 1 Saint Andrew One Saint Andrew's Plaza New York, NY 10007 (212) 637-2261 Fax: (212) 637-2527 Email: [email protected] ATTORNEY TO BE NOTICED

Sean Stephen Buckley Kobre & Kim LLP 800 Third Avenue Ste 6th Floor 10022 New York, NY 10017 212-488-1200 Fax: 212-637-0097 Email: [email protected] ATTORNEY TO BE NOTICED

Stephen J Ritchin U.S. Attorney's Office, White Plains 300 Quarropas Street White Plains, NY 10601 212-636-2200 Fax: 914-993-1980 Email: [email protected] ATTORNEY TO BE NOTICED https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 118/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

Date Filed # Docket Text 09/14/1998 1 COMPLAINT as to Mamdouh Mahmud Salim in violation of 18 U.S.C. 2332 & 2332a. ( signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2140 ] (gq) (Entered: 09/29/1998) 09/14/1998 2 ARREST WARRANT issued as to Mamdouh Mahmud Salim. [ 1:98-m -2140 ] (gq) (Entered: 09/29/1998) 09/16/1998 ARREST of Wadih El Hage. [ 1:98-m -2166 ] (gq) (Entered: 09/22/1998) 09/17/1998 1 COMPLAINT as to Wadih El Hage in violation of 18 U.S.C. 1001. ( signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) Modified on 09/22/1998 (Entered: 09/22/1998) 09/17/1998 2 CJA 23 Financial Affidavit as to Wadih El Hage : ( Signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) Modified on 09/22/1998 (Entered: 09/22/1998) 09/17/1998 3 CJA 20 as to Wadih El Hage : Appointment of Attorney Bruce McIntyre. ( Signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) (Entered: 09/22/1998) 09/17/1998 4 NOTICE of Appearance for Wadih El Hage by Attorney Bruce McIntyre. [ 1:98-m -2166 ] (gq) Modified on 09/22/1998 (Entered: 09/22/1998) 09/17/1998 First Appearance as to Wadih El Hage held. Deft appears with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald present for the gov't. Preliminary Examination set for 10/1/98 for Wadih El Hage ; Detention Hearing set for 2:00 9/21/98 for Wadih El Hage ; (Mag. Judge Francis, IV). [ 1:98-m -2166 ] (gq) (Entered: 09/22/1998) 09/21/1998 Detention hearing as to Wadih El Hage held. Deft appears with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald present for the gov't. Detention hearing adjourned on deft's request until 9/23/98 at 2:30 p.m. Deft to be detained until hearing. (Mag. Judge Pitman). [ 1:98-m -2166 ] (gq) (Entered: 09/22/1998) 09/21/1998 5 INDICTMENT as to Wadih El Hage (1) count(s) 1-8, 9-11 (Preliminary Examination cancelled.) (jm) (Entered: 09/22/1998) 09/23/1998 Detention hearing as to Wadih El Hage held. Deft present w/atty Bruce Mcintyre, AUSA Patrick Fitzgerald present. Deft detained (Bernikow, MJ). (bh) (Entered: 09/24/1998) 09/23/1998 6 ORDER OF DETENTION as to Wadih El Hage defendant has ties to other countries, risk of flight.( Signed by Magistrate Judge Leonard Bernikow ) (bh) (Entered: 09/24/1998) 09/24/1998 Arraignment as to Wadih El Hage held. Deft. Hage pres. w/atty. Bruce McIntyre. AUSA, Patrick Fitzgerald and Ken Karas. Deft. Wadih El Hage (1) enters a plea of not guilty to count(s) 1-8, 9-11 before Magistrate Judge Leonard Bernikow. Case has been assigned to Judge Sprizzo for all purposes. Deft's. bail-status detained. (Magistrate Judge Bernikow) (ba) (Entered: 09/29/1998) 09/24/1998 PLEA entered by Wadih El Hage . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1-8, 9-11 (ba) (Entered: 09/29/1998) 09/24/1998 CASE assigned to Judge John E. Sprizzo (ba) (Entered: 09/29/1998) 09/24/1998 7 NOTICE of Appearance for Wadih El Hage by Attorney Bruce McIntyre. (ba) (Entered: 09/29/1998) 09/25/1998 3 ORDER as to Mamdouh Mahmud Salim, unsealing Complaint 98 Mag. 2140. ( Signed by Judge Loretta A. Preska ); Copies mailed. [ 1:98-m -2140 ] (gq) (Entered: 09/29/1998) 09/29/1998 4 AMENDED COMPLAINT as to Mamdouh Mahmud Salim in violation of 18 U.S.C. 2332A, 2332(b), 844(n), 2155. (Signed by Mag. Judge Douglas F. Eaton). [ 1:98-m -2140 ] (gq) (Entered: 09/30/1998) 09/29/1998 5 AMENDED ARREST WARRANT issued as to Mamdouh Mahmud Salim. [ 1:98-m -2140 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 119/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 ] (gq) (Entered: 09/30/1998) 10/01/1998 Status conference as to Wadih El Hage held. Dft. present with atty. Bruce McIntyre. AUSA Patrick Fitzgerald present. Case reassigned to Judge Sand. Dft. continued detained.....Eaton, J. (mb) Modified on 10/06/1998 (Entered: 10/06/1998) 10/01/1998 CASE reassigned to Judge Leonard B. Sand. (mb) (Entered: 10/07/1998) 10/01/1998 8 Pursuant to the memorandum of the Case Processing Asst. the above entitled action is reassigned to Judge Sand as to Wadih El Hage. Copies sent to attorney of record on 10/7/98. Documents received on 10/9/98 by Elizabeth Stanton. . (mb) Modified on 10/14/1998 (Entered: 10/07/1998) 10/07/1998 Status conference as to Wadih El Hage held. Deft. El Hage present w/atty Bruce McIntyre. AUSA Patrick Fitzgerald and Ken Karas present. Conference held. Govt' will need a month to gather facts as to how much discovery time will be needed. Status conference set for 11/10/98 at 9:30 a.m. Gov't submit order excluding time thru Nov. 10, 1998. Deft. cont'd detained. Gov't will file a S-Ind this day. (rag) (Entered: 10/08/1998) 10/07/1998 Status conference as to Wadih El Hage set at 9:30 11/10/98 for Wadih El Hage (rag) (Entered: 10/08/1998) 10/07/1998 11 (S1) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s , Fazul Abdullah Mohammed (2) count(s) 1, 2-3, 4-227, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 (rag) (Entered: 10/30/1998) 10/08/1998 9 ORDER as to Wadih El Hage, Time is excluded from 10/7/98 until 11/10/9 pursuant to the Speedy Trial Act and to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) (Entered: 10/14/1998) 10/08/1998 First Appearance as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held (rag) (Entered: 10/30/1998) 10/08/1998 Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali held Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4- 227 before Judge Leonard B. Sand. Deft. El Hague present w/atty Bruce McIntyre, Esq. Deft. Odeh present w/atty Michael Young, Esq. Deft. Al-Owhali present w/atty Leonard Joy, Esq. AUSA Patrick Fitzgerald and Kenneth Karas present. Interpreter Hassan Moawa (Arabic) present. Deft. El Hage is arraigned and pleads not guilty on each of counts 1 and 228 thru 238 as charged on S Indictment. Deft. Mohamed Odeh is arraigned on S Indictment and pleads not guilty on counts 1 and 2 thru 227 as charged. Deft. Mohamed Rashed Daoud Al'Owhali is arraigned on S-Ind. and pleads not guilty on counts 1 and 2 thru 227 as charged. All defts remain detained. Govt' submit order excluding time thru 11/10/98. Further status conference on 11/10/98 at 9:30. (rag) (Entered: 10/30/1998) 10/08/1998 PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1s, 228s-235s, 236s- 238s, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al- 'Owhali (4) count(s) 1, 2-3, 4-227 (rag) (Entered: 10/30/1998) 10/08/1998 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali set at 9:30 11/10/98 for Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed Daoud Al-'Owhali (rag) (Entered: 10/30/1998) 10/08/1998 Attorney update in case as to Mohamed Sadeek Odeh (3). Attorney Michael Alan Young for Mohamed Sadeek Odeh added. (bw) (Entered: 10/10/2012) 10/09/1998 10 ORDER as to Wadih El Hage, Time excluded from 10/7/98 until 11/10/98 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 10/14/1998) 10/09/1998 6 AFFIDAVIT by USA as to Mamdouh Mahmud Salim Re: in support of the request for an extradition of Mamdouh Mahmud Salim [ 1:98-m -2140 ] (vb) (Entered: 10/13/1998) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 120/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 10/10/1998 15 LETTER filed as to Mohamed Rashed Daoud Al-'Owhali From Leonard F. Joy, Dated 11/6/98, Addressed to: Patrick Fitzgerald,AUSA Re: Discovery Issues (mb) (Entered: 11/16/1998) 11/04/1998 13 (S2) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Fazul Abdullah Mohammed (2) count(s) 1s, 2s-3s, 4s-227s, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s , Usama Bin Laden (5) count(s) 1, 2-3, 4-227, Muhammad Atef (6) count(s) 1, 2-3, 4-227 (rag) (Entered: 11/12/1998) 11/04/1998 16 Arrest WARRANT issued as to Usama Bin Laden (mb) (Entered: 11/18/1998) 11/04/1998 19 Arrest WARRANT issued as to Fazul Abdullah Mohammed (rag) (Entered: 11/19/1998) 11/04/1998 17 ARREST WARRANT issued as to Muhammad Atef (mr) (Entered: 06/10/1999) 11/09/1998 12 LETTER filed by USA, Dated 11/5/98, Addressed to: Hon. Leonard B. Sand Re: Status Update For The Court In Advance Of The Conference On Next Tuesday, November 10, 1998 At 9:30am. (rag) (Entered: 11/09/1998) 11/10/1998 Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali held Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s before Judge Leonard B. Sand. Conference and arraignments held. Deft. El Hage present w/atty Bruce McIntyre. Deft. Odeh present w/atty Michael A. Young. Deft. Al-Owhali present w/atty Leonard Joy. AUSA Patirck Fitzgerald present. AUSA Ken Kara present. Deft. El Hage is arraigned on S(2) indictment and pleads not guilty on counts 1 and counts 228 thur 238 as charged. Deft. Mohamed Sadeek Odeh is arraigned on S(2) indictment 98-1023 and pleads not guilty on counts 1 thru 227 as charged. Deft. Mohamed Rashed Daoud Al-Owhali is arraigned on S(2) Ind. 98 cr 1023 and pleads not guilty on counts 1 thru 227 as charged. Conference held. First wave of discovery to be completed by early Feb. 99. Hearing to be held on 11/16/98 at 3 p.m. on prison conditions at MCC and on Government's right to make an application for protective order under R-16(d). Further conference 1/14/99 at 10 a.m. Govt. submit order excluding time thru 1/14/99. All (3) defts' cont'd remanded. Interpreter Fouad Kheir (Arabic) present. (rag) (Entered: 11/12/1998) 11/10/1998 PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s (rag) (Entered: 11/12/1998) 11/10/1998 14 LETTER filed by Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef From Michael A. Young, Dated 11/5/98, Addressed to: Mr. Fitzgerald Re: objecting to the Special Administration Measures which were issued regarding our clients on or about 10/22/98. (mr) (Entered: 11/13/1998) 11/16/1998 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held. Defendant El Hage present with attorney Bruce McIntyre. Defendant Odeh present with attorney Michael A. Young. Defendant Al-'Owhali present with attorny Leonard Joy and David I. Bruck. Hearing begun on conditions of confinement at MCC and proposed protective order, and adjourned to 11/17/98. Also present Dominique Raia, attorney for MCC, and Warden Dennis Hasty. (mr) (Entered: 11/20/1998) 11/17/1998 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held. No defendants present. Bruce McIntyre present for defendant El Hage. Leonard Joy and Davd Bruck present for defendant Al-'Owhali. Michael Young, Esq present for defendant Oden. AUSA Patrick Fitzgerald present. Count concludes that it is satisfied that conditions at 10-south (at MCC) are not worse that conditions at 9-south and in some respects more comfortable. Measures are reasonably based on security needs and needs of the institution. Government submits amended order revising S.A.M. conditions. (mr) (Entered: 11/20/1998) 11/17/1998 21 Filed Memo-Endorsement on letter dated 11/12/98 to Judge Sand from Leonard F. Joy, Esq. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 121/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 as to Mohamed Rashed Daoud Al-'Owhali. Re: Request that the Court appoint David Bruck pro hac vice for purposes of representing the dft. in this case. Application granted. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) (Entered: 11/30/1998) 11/18/1998 18 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef for dates of 9/23/98. (mr) (Entered: 11/18/1998) 11/19/1998 20 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef (da) (Entered: 11/20/1998) 12/04/1998 22 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, and Mohamed Daoud Al-'Owhali on 10/8/98. (kw) (Entered: 12/08/1998) 12/04/1998 23 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage on 10/7/98. (kw) (Entered: 12/09/1998) 12/10/1998 25 ORDER as to Wadih El Hage, that the Government shall produce copies of the grand jury tesimony of El Hage to Bruce McIntyre, counsel for defendant El Hage, Michael Young, counsel for defendant Mohamed Sadeek Odeh, and Leonard Joy, counsel for defendant Mohamed Rached Daoud Al-Owhalu. , that these grand jury materials shall be kept securely in the offices of counsel named inthe proceeding paragraph and shall not be further disseminated by defense counsel to anyone until further order of this Court. , that, pending further order of this Court, any papers to be served upon the Court by the defense which includes copies of, or otherwise refer to, such grand jury materials, shall be filed under seal. , and that, pending further order of the Court, any papers served by the defense in concformity with the preceding paragraph defense shall be filed under seal. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 12/17/1998) 12/11/1998 24 Filed Appointment of and Authority to pay court appointed counsel David I. Buck in a Death Penalty Proceeding as to Mohamed Rashed Daoud Al-'Owhali (mr) (Entered: 12/14/1998) 12/14/1998 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held; Deft El Hage present w/atty Bruce McIntyre. Deft Odeh pres w/atty Michael A. Young. Deft Al-Owhali present w/atty Leonard Joy - Conference held on issue of protective order and prison conditions. Gov't submit proposed order on issue of protective order. Further conference in January on a date to be announced. All defts detained. (bw) (Entered: 12/17/1998) 12/14/1998 26 ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali; regarding amendments to the Special Administrative Measures imposed by the Warden of the MCC ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 12/21/1998) 12/16/1998 31 (S3) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1sss, 228sss- 235sss, 236sss-238sss, Fazul Abdullah Mohammed (2) count(s) 1ss, 2ss-3ss, 4ss-216ss, 217ss-227ss, Mohamed Sadeek Odeh (3) count(s) 1ss, 2ss-3ss, 4ss-216ss, 217ss-227ss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ss, 2ss-3ss, 4ss-216ss, 217ss-227ss, Usama Bin Laden (5) count(s) 1s, 2s-3s, 4s-216s, 217s-227s, Muhammad Atef (6) count(s) 1s, 2s-3s, 4s-216s, 217s-227s , Mustafa Mohamed Fadhil (7) count(s) 1, 3, 217-227, Khalfan Khamis Mohamed (8) count(s) 1, 3, 217-227, Ahmed Khalfan Ghailani (9) count(s) 1, 3, 217-227, Fahid Mohammed Msalam (10) count(s) 1, 3, 217-227, Sheikh Ahmed Salim Swedan (11) count(s) 1, 3, 217-227 (rag) (Entered: 01/14/1999) 12/16/1998 ORAL ORDER as to Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan , A bench warrent has been issued for the above stated defendants. ( Entered by Judge Leonard B. Sand ) (mr) (Entered: 06/10/1999) 12/17/1998 27 PROTECTIVE ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef; https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 122/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 regarding procedures that will govern the handling of discovery materials produced by the Government ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 12/28/1998) 12/20/1998 ARREST of Mamdouh Mahmud Salim. Arrested in Munich on 9/16/98. [ 1:98-m -2140 ] (gq) (Entered: 12/22/1998) 12/21/1998 7 CJA 23 Financial Affidavit as to Mamdouh Mahmud Salim : ( Signed by Magistrate Judge Ronald L. Ellis ) [ 1:98-m -2140 ] (gq) (Entered: 12/22/1998) 12/21/1998 8 CJA 20 as to Mamdouh Mahmud Salim : Appointment of Attorney Paul J. McAllister. ( Signed by Magistrate Judge Ronald L. Ellis ) [ 1:98-m -2140 ] (gq) (Entered: 12/22/1998) 12/21/1998 First Appearance as to Mamdouh Mahmud Salim held. Deft appears with CJA atty Paul McAllister. AUSA Pat Fitzgerald present for the gov't. Consent to detention without prejudice. Preliminary Examination set for 1/8/99 for Mamdouh Mahmud Salim ; (Mag. Judge Ellis). [ 1:98-m -2140 ] (gq) (Entered: 12/22/1998) 12/21/1998 9 ORDER OF DETENTION as to Mamdouh Mahmud Salim ( Signed by Magistrate Judge Ronald L. Ellis ) [ 1:98-m -2140 ] (gq) (Entered: 12/22/1998) 01/06/1999 35 (S4) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1ssss, 228ssss- 235ssss, 236ssss-238ssss, Fazul Abdullah Mohammed (2) count(s) 1sss, 2sss, 3sss, 4sss- 216sss, 217sss-227sss, Mohamed Sadeek Odeh (3) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sss, 2sss, 3sss, 4sss- 216sss, 217sss-227sss, Usama Bin Laden (5) count(s) 1ss, 2ss, 3ss, 4ss-216ss, 217ss-227ss, Muhammad Atef (6) count(s) 1ss, 2ss, 3ss, 4ss-216ss, 217ss-227ss, Mustafa Mohamed Fadhil (7) count(s) 1s, 3s, 217s-227s, Khalfan Khamis Mohamed (8) count(s) 1s, 3s, 217s- 227s, Ahmed Khalfan Ghailani (9) count(s) 1s, 3s, 217s-227s, Fahid Mohammed Msalam (10) count(s) 1s, 3s, 217s-227s, Sheikh Ahmed Salim Swedan (11) count(s) 1s, 3s, 217s- 227s , Mamdouh Mahmud Salim (12) count(s) 1 (mr) (Entered: 02/03/1999) 01/07/1999 28 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali for dates of 11/17/98. (jp) (Entered: 01/07/1999) 01/07/1999 29 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef for dates of November 16, 1998 before the Hon. Leonard B. Sand (djc) (Entered: 01/12/1999) 01/07/1999 30 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef filed before Judge Sand for dates of November 10, 1998. (sac) (Entered: 01/12/1999) 01/14/1999 Arraignment as to Wadih El Hage held Wadih El Hage (1) count(s) 1ssss, 228ssss-235ssss, 236ssss-238ssss before Judge Leonard B. Sand. Deft. Wadih El Hage present w/atty Bruce McIntyre. AUSA Patrick Fitzgerald, Kenneth Karros and Michael Garcia. Interpreter Andre Codouni. Deft. El Hage is arraigned on S(4) Ind. 98 cr 1023 and pleads not guilty on counts 1 and 228 thru 235 as charged. Bulk of Govt. discovery by mid-February 99. Further status conference on 4/15/99 at 9:30 a.m. Govt. submit order excluding time thru 4/15/99. Deft. cont'd detained. (rag) (Entered: 02/03/1999) 01/14/1999 PLEA entered by Wadih El Hage . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1ssss, 228ssss-235ssss, 236ssss-238ssss (rag) (Entered: 02/03/1999) 01/14/1999 Status conference as to Wadih El Hage set at 9:30 4/15/99 for Wadih El Hage (rag) (Entered: 02/03/1999) 01/14/1999 Arraignment as to Mohamed Sadeek Odeh held Mohamed Sadeek Odeh (3) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss before Judge Leonard B. Sand. Deft. Odeh present w/atty Michael Young. AUSA Patrick Fitzgerald Kenneth Karas and Michael Garcia. Interpreter Andre Codouni. Deft. Odeh is arraigned on S(4) Ind and pleads not guilty on each of counts 1 thru 227 as charged. Bulk of Govt discovery by mid-February 99. Further https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 123/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 status conference on 4/15/99 at 9:30 a.m. Govt. submit order excluding time thru 4/15/99. Deft. cont'd detained. (rag) (Entered: 02/03/1999) 01/14/1999 PLEA entered by Mohamed Sadeek Odeh . Court accepts plea. Not Guilty: Mohamed Sadeek Odeh (3) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss (rag) (Entered: 02/03/1999) 01/14/1999 Status conference as to Mohamed Sadeek Odeh set at 9:30 4/15/99 for Mohamed Sadeek Odeh (rag) (Entered: 02/03/1999) 01/14/1999 Arraignment as to Mohamed Rashed Daoud Al-'Owhali held Mohamed Rashed Daoud Al- 'Owhali (4) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss before Judge Leonard B. Sand. Deft. Mohamed Rashed Dsoud Al-Owhali present w/attys' Leonard Joy, LAS, David Bruck and Robert Tucker, Esqs. Interpreter Andre Codouni. Deft. Al-Owhali is arraigned on S(4) Ind. 98 cr 1023 and pleads not guilty on each of counts 1 thru 227 as charged. Bulk of Govt discovery by mid-Feburary 99. Further status confernece on 4/15/99 at 9:30 a.m. Govt. submit order excluding time thru 4/15/99. Deft. cont'd detained. (rag) (Entered: 02/03/1999) 01/14/1999 PLEA entered by Mohamed Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty: Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss- 227sss (rag) (Entered: 02/03/1999) 01/14/1999 Status conference as to Mohamed Rashed Daoud Al-'Owhali set at 9:30 4/15/99 for Mohamed Rashed Daoud Al-'Owhali (rag) (Entered: 02/03/1999) 01/14/1999 Arraignment as to Mamdouh Mahmud Salim held Mamdouh Mahmud Salim (12) count(s) 1 before Judge Leonard B. Sand. Deft. Mamdouh Mahmud Salim present w/atty Paul J. McAllister. AUSA Patrick Fitzgerald, Kenneth Karos and Michael Garcia. Interpreter Andre Codouni. Deft. Salim is arraigned on superseding (4) indictment 98 cr 1023 and pleads not guilty on count 1 as charged. Bulk of Govt. discovery by mid-February 99. Further status conference on 4/15/99 at 9:30 a.m. Govt. to sumbit order excluding time thru 4/15/99. Deft. cont'd detained. (rag) (Entered: 02/03/1999) 01/14/1999 PLEA entered by Mamdouh Mahmud Salim . Court accepts plea. Not Guilty: Mamdouh Mahmud Salim (12) count(s) 1 (rag) (Entered: 02/03/1999) 01/14/1999 Status conference as to Mamdouh Mahmud Salim set at 9:30 4/15/99 for Mamdouh Mahmud Salim (rag) (Entered: 02/03/1999) 01/15/1999 32 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan. Purs. to the Speedy Trial Act, 18 USC Sec. 3161(h)(8)(A), and the consent of the defts, all time running from 1/14/99, until 4/15/99, shall be excluded from the time within which trial must commence in this case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and defts in a speedy trial ( Signed by Judge Whitman Knapp, Part I ); Copies mailed. (emil) (Entered: 01/21/1999) 01/28/1999 33 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan (kb) (Entered: 01/28/1999) 02/01/1999 36 ORDER as to Mohamed Sadeek Odeh. Pursuant to 18 USC Sec. 3005 and 21 USC Sec. 848(q)(4), Carl J. Herman, Esq. shall be assigned to represent Mohamed Sadeek Odeh, along with Michael A. Young, previously appointed by this Court. Because of the complexity of the deft's trial, the expected length of trial in this case, and the anticipated hardship on counsel in undertaking representation full-time for such a period without compensation, purs. to paragraph 2.30 B of the Guidelines for the Adminstration of the Criminal Justice Act, counsel shall submit to this Court, every thirty days, an interim CJA Form 30. ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 02/04/1999) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 124/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/02/1999 34 Copy of LETTER addressed to Michael Young, Esq. from Patrick J. Fitzgerald, AUSA, dated 11/13/98. Re: submitted in response to Mr. Young's letters of 11/5/98 and 11/11/98, concerning the conditions of confinement of the three defts in this case and, in particular, the restrictions imposed by the Special Administrative Measures. (emil) (Entered: 02/02/1999) 02/02/1999 Status conference as to Wadih El Hage held. (S4 98 Cr. 1023) Deft El Hage present w/atty Bruce McIntyre. AUSAs Patrick Fitzgerald and Kenneth Karas present. Conference held. Deft seeks permission to contact his mosque, the Islamic Society of Arlington, Tx. and as to whether the Mosque would consider a bail package on behalf of defendant. Bail hearing set for 2/8/99 at 10 a.m. Deft cont'd detained. ( Held before Judge Sand ) (bw) (Entered: 02/17/1999) 02/02/1999 ORAL ORDER as to Wadih El Hage , Bail hearing set for 2/8/99 at 10 a.m. ( Entered by Judge Leonard B. Sand ) (bw) (Entered: 02/17/1999) 02/08/1999 Bail hearing as to Wadih El Hage held. (S4 98 Cr. 1023) Deft El Hage present w/atty Bruce McIntyre. AUSAs Patrick Fitzgerald and Kenneth Karas present. Bail hearing held. Court denies deft El Hage's application for bail, both as to risk of flight and danger to community. Remanded. ( Held before Judge Sand ) (bw) (Entered: 02/17/1999) 02/09/1999 37 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim for dates of 12/14/98. (jp) (Entered: 02/16/1999) 02/23/1999 38 CJA 30 as to Mohamed Sadeek Odeh Death Penalty Proceedings: Appointment of and authority to pay Court Appointed Counsel Michael R. Young ( Signed by Judge Leonard B. Sand ) (mb) (Entered: 02/24/1999) 02/23/1999 39 CJA 30 Death Penalty Proceeding as to Mohamed Sadeek Odeh : Appointment of and authority to pay court appointed counsel. ( Signed by Judge Leonard B. Sand ) (mb) (Entered: 02/24/1999) 03/02/1999 40 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim (af) (Entered: 03/02/1999) 03/09/1999 41 TRANSCRIPT of record of proceedings as to Usama Bin Laden filed before Judge Sand for dates of 1/14/99. (sac) (Entered: 03/11/1999) 03/15/1999 Pre-Trial Conference as to (S4 98 Cr. 1023 -1) Wadih El Hage held. Deft El Hage present w/attorney Bruce McIntyre, AUSAs Patrick Fitzgerald, Ken Karas and Michael Garcia - Conference held. Deft moves to have his present attorney Bruce McIntyre substituted and new counsel be appointed. Court grants deft's motion, no objection from Government. Sam Schmidt, CJA attorney on assignment this day is assigned to represent El Hage. Deft continued detained. ( Held before Judge Sand ) (bw) (Entered: 03/18/1999) 03/15/1999 ORAL ORDER as to (S4 98 Cr. 1023 -1) Wadih El Hage , substituting attorney: terminated attorney Bruce McIntyre for Wadih El Hage, Added Sam A. Schmidt. ( Entered by Judge Leonard B. Sand ) (bw) (Entered: 03/18/1999) 03/16/1999 42 ORDER as to Wadih El Hage, substituting attorney Bruce McIntyre, Esq. terminated Added Sam A Schmidt ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 03/25/1999) 03/17/1999 43 Filed Memo-Endorsement letter addressed to Judge Batts from Wadih El Hage, dated 3/10/99. granting substitution of attorney McIntyre ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 03/26/1999) 03/26/1999 44 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 125/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim (da) (Entered: 03/29/1999) 03/30/1999 45 CJA 20 as to Wadih El Hage : Appointment of Attorney Sam Schmidt.( Signed by Judge Leonard B. Sand ) (mr) (Entered: 03/30/1999) 03/31/1999 46 ORDER as to Wadih El Hage (S4 98 Cr. 1023 -1). It is hereby ORDERED that attorney Deborah I. Meyer shall be included in the term "attorney" for all matters referred to in the SAM (Special Administrative Measures) and orders of this court. Dated: 3/30/99. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 04/09/1999) 04/12/1999 47 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim (af) (Entered: 04/13/1999) 04/12/1999 48 TRANSCRIPT of record of proceedings as to Usama Bin Laden, Muhammad Atef, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali before Judge Leonard B. Sand for dates of February 8, 1999 at 10:25 A.M. (sn) (Entered: 04/15/1999) 04/12/1999 50 TRANSCRIPT of record of proceedings as to Wadih El Hage before Judge Leonard B. Sand for dates of February 2, 1999 at 10:15 A.M. (sn) (Entered: 04/16/1999) 04/14/1999 49 REDACTED LETTER filed by USA as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim From Patrick J. Fitzgerald, Dated 4/14/99, Addressed to: Judge Sand Re: To provide a status update for the Court and Counsel in advance of the conference on Thursday 4/15/99 at 9:30 AM. (sl) (Entered: 04/15/1999) 04/15/1999 Pre-Trial Conference (S4 98 Cr. 1023) as to Mamdouh Mahmud Salim (12), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4) held...... Deft SALIM present w/attorney Paul McAllister. Deft EL HAGE present w/attorney Sam Schmidt. Deft ODEH present w/attorneys Michael Young and Carl J. Herman. Deft AL- OWHAL present w/attorneys Leonard Joy and David Bruck. Interpreter Andre Codouni present. Conference held. Attorney for deft ODEH motion objecting to need for a security clearance as to certain certified documents is to be filed by 5/17/99; Gov't response by 6/2/99 and any further reply by 6/9/99; Status conference and Oral argument on 6/22/99 at 10 a.m. Gov't submit order excluding time thru 6/22/99. All defts continued remanded. ( Held before Judge Sand ) (bw) Modified on 04/20/1999 (Entered: 04/20/1999) 04/15/1999 ORAL ORDER (S4 98 Cr. 1023) as to Mamdouh Mahmud Salim (12), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4) , SET scheduling order deadlines: Motion (objecting to need for a security clearance as to certain certified documents) Filing to 5/17/99 Mohamed Sadeek Odeh ; Response to motion deadline 6/2/99 USA ; Reply to response to motion deadline 6/9/99 for Mohamed Sadeek Odeh ; Status Conference for 10:00 a.m. 6/22/99 for Mamdouh Mahmud Salim, for Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed Daoud Al-'Owhali. ( Entered by Judge Leonard B. Sand ) (bw) (Entered: 04/20/1999) 04/15/1999 52 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Time excluded from 4/15/99 until 6/22/99 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 04/22/1999) 04/21/1999 51 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 126/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim (kb) (Entered: 04/21/1999) 05/12/1999 53 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage for dates of 3/15/99. (jp) (Entered: 05/12/1999) 05/13/1999 54 SEALED DOCUMENT as to Wadih El Hage (af) (Entered: 05/14/1999) 05/19/1999 55 (S5) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1sssss, 228sssss- 235sssss, 236sssss, 237sssss, 238sssss, Fazul Abdullah Mohammed (2) count(s) 1ssss, 2ssss, 3ssss, 4ssss-216ssss, 217ssss-227ssss, Mohamed Sadeek Odeh (3) count(s) 1ssss, 2ssss, 3ssss, 4ssss-216ssss, 217ssss-227ssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssss, 2ssss, 3ssss, 4ssss-216ssss, 217ssss-227ssss, Usama Bin Laden (5) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss, Muhammad Atef (6) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss, Mustafa Mohamed Fadhil (7) count(s) 1ss, 3ss, 217ss-227ss, Khalfan Khamis Mohamed (8) count(s) 1ss, 3ss, 217ss-227ss, Ahmed Khalfan Ghailani (9) count(s) 1ss, 3ss, 217ss-227ss, Fahid Mohammed Msalam (10) count(s) 1ss, 3ss, 217ss- 227ss, Sheikh Ahmed Salim Swedan (11) count(s) 1ss, 3ss, 217ss-227ss, Mamdouh Mahmud Salim (12) count(s) 1s , Ali Mohamed (13) count(s) 1 (mr) (Entered: 06/23/1999) 05/24/1999 56 ORDER as to Ali Mohamed, Time excluded from 5/24/99 until 6/22/99 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 06/23/1999) 05/25/1999 58 Filed Defense Memorandum of Security Clearance as to Mohamed Odeh. (mr) (Entered: 06/04/1999) 05/27/1999 First Appearance as to Ali Mohamed held (mr) (Entered: 06/23/1999) 05/27/1999 Arraignment as to Ali Mohamed held Ali Mohamed (13) count(s) 1 before Judge Leonard B. Sand (mr) (Entered: 06/23/1999) 05/27/1999 PLEA entered by Ali Mohamed . Court accepts plea. Not Guilty: Ali Mohamed (13) count(s) 1 (mr) (Entered: 06/23/1999) 06/02/1999 59 ORDER as to Ali Mohamed, that the sealing order issued by Judge Scheindlin on 1/15/99 is amended as follows: (1) All sealed documents filed and docketed and all sealed proceedings docketed in the case of U.S. v Jone Doe, 98m2332 through 5/28/99 shall remain sealed until further order of this Court. (2) Redacted copies of the sealed submissions filed and docketed in the case of U.S. v John Doe, 98m2332, shall be publicly filed and docketed. The redacted copies of these documents are attached hereto. The copies of these submissions shall remain in their present redacted form until further order of this Court. (3) A redacted copy of the transcript of the tape recording of the presentment of Mohamed before Magistrate Judge Andrew J. Pck on 9/11/98 is to be publicly filed. A copy of this redacted trancript is attached hereto. The copy of this transcript is to remain in its present redactd form until further order of this Court. , and that this order shall be publicly filed and docketed in the case US v. John Doe 98m2332 and U.S. v. Usama Bin Laden., S(5) 98cr1023 (LBS). ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 06/14/1999) 06/04/1999 57 AFFIRMATION by AUSA Kenneth M. Karas as to Ali Mohamed with attached accompanying papers. This affiramtion is submitted in support of a proposed order to unseal portions of certain submissions and proceedings relating to deft. Ali Mohamed. (rag) (Entered: 06/04/1999) 06/08/1999 65 RESPONSE by U.S.A. re as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed opposing Security Clearences. (mr) (Entered: 06/23/1999) 06/08/1999 66 AFFIRMATION signed by A.U.S.A. Kenneth M. Karas as to Mohamed Sadeek Odeh Re: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 127/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 providing background facts relevnt to the Government's memorandum in opposition to the motion of the defendant Mohamed Sadeek Adeh seeking a ruling that counsel for Odeh need no obtain a security clearence prior to receiving classified information. (mr) (Entered: 06/23/1999) 06/09/1999 60 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali before Judge Leonard B. Sand for dates of April 15, 1999 at 9:45 A.M. (sn) (Entered: 06/14/1999) 06/14/1999 61 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed (kb) (Entered: 06/15/1999) 06/14/1999 62 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed (kb) (Entered: 06/15/1999) 06/14/1999 63 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed (kb) (Entered: 06/15/1999) 06/14/1999 64 ORDER as to Wadih El Hage (S5 98 Cr. 1023 -1), having been detained under the Special Administrative Measures (SAM) pursuant to 28 Code of Federal Regulations, Sections 501.3 as modified by the orders of this court; it is hereby Ordered, that the SAM is modified to permit a contact visit between the defendant, WADIH EL HAGE and his wife, April Ray and their children at the same time in the Metropolitan Correctional Center that shall consist of two days within a period of three days ; and it is further Ordered that WADIH EL HAGE will be permitted to speak Arabic to his children ; and it is further Ordered, that the United States Bureau of Prisons may strip search the defendant, WADIH EL HAGE, prior to and subsequent to the contact visit ; and it is further Ordered, that at the discretion of the Bureau of Prisons, they may require an approved Arabic interpreter to be present in the visiting room during the contact visits. ( Signed on 6/14/99 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 06/21/1999) 06/16/1999 73 (S6 - Part 1 of 2 ) SUPERSEDING INDICTMENT as to Ayman Al Zawahiri (14) count(s) 1, 3, 4, 5, 6, 7-8, 9-10, 11-233, 234-235, 236-237, 238-239, 240-241, 242, 243-244, Khaled Al Fawwaz (15) count(s) 1, 3, 4, 5, 6. ; Added defendants: Ayman Al Zawahiri (14) & Khaled Al Fawwaz (15); [ Due to too many counts on S6, it was broken down into 2 parts to be entered on the docket. ] (dcap) Modified on 07/09/1999 (Entered: 07/08/1999) 06/16/1999 73 (S6 - Part 2 of 2) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 245ssssss-264ssssss, 265ssssss-267ssssss, Fazul Abdullah Mohammed (2) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Mohamed Sadeek Odeh (3) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss- 237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Usama Bin Laden (5) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss-8ssss, 9ssss-10ssss, 11ssss- 233ssss, 234ssss-235ssss, 236ssss-237ssss, 238ssss-239ssss, 240ssss-241ssss, 242ssss, 243ssss-244ssss, Muhammad Atef (6) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss-8ssss, 9ssss-10ssss, 11ssss-233ssss, 234ssss-235ssss, 236ssss-237ssss, 238ssss-239ssss, 240ssss- 241ssss, 242ssss, 243ssss-244ssss, Mustafa Mohamed Fadhil (7) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss- https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 128/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 239sss, 240sss-241sss, 242sss, 243sss-244sss, Khalfan Khamis Mohamed (8) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Ahmed Khalfan Ghailani (9) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss- 237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Fahid Mohammed Msalam (10) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Sheikh Ahmed Salim Swedan (11) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Mamdouh Mahmud Salim (12) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, Ali Mohamed (13) count(s) 1s, 2s, 3s, 4s, 5s, 6s ; [ Due to too many counts on S6, it was broken down into two parts to be entered on the docket. ] (dcap) Modified on 07/09/1999 (Entered: 07/09/1999) 06/16/1999 ORAL ORDER (on S6 98 Cr. 1023 -) as to Usama Bin Laden (5), Muhammad Atef (6), Ayman Al Zawahiri (14), Khaled Al Fawwaz (15), Fazul Abdullah Mohammed (2), Mustafa Mohamed Fadhil (7), Ahmed Khalfan Ghailani (9), Khalfan Khamis Mohamed (8), Fahid Mohammed Ally Msalam (10), Sheikh Ahmed Salim Swedan (11). .... Filed superseding Indictment (S6). A/W issued as to the above named defendants. ( Held before Judge Grubin ) Swedan , ( Entered by Judge Leonard B. Sand ) (bw) (Entered: 07/09/1999) 06/17/1999 67 Defense Reply MEMORANDUM by Mohamed Sadeek Odeh (3) (by attorney Michael Young, Esq., on Security Clearance. (Certificate of Service attached.) (bw) (Entered: 06/28/1999) 06/22/1999 Arraignment (S6 98 Cr. 1023 -) as to Mamdouh Mahmud Salim (12), Ali Mohamed (13), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4) held: Mamdouh Mahmud Salim (12) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, Ali Mohamed (13) count(s) 1s, 2s, 3s, 4s, 5s, 6s, Wadih El Hage (1) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 245ssssss-264ssssss, 265ssssss-267ssssss, Mohamed Sadeek Odeh (3) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss- 233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Mohamed Rashed Daoud (4) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss- 237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss...... Deft SALIM (12) present w/atty Paul McAllister.; Deft ALI MOHAMED (13) present w/atty James Roth.; Deft EL HAGE (1) present w/atty Sam Schmidt.; Deft ODEH (3) present w/attys Michael Young & Cael J. Herman.; Deft AL-'OWHALI (4) present w/atty Leonard Joy.; AUSAs Patrick Fitzgerald, Ken Karas, Michael Garcia, Paul Butler present.; Arabic Interpreter Mohsen Fhawarby.; Deft SALIM (12) is arraigned on S6 Indictment and pleads Not Guilty on counts 1, and 3 thru 6 as charged.; Deft ALI MOHAMED (13) is arraigned and pleads Not Guilty on counts 1,2,3,4,5 & 6 as charged.; Deft EL HAGE (1) is arraigned on S6 Indictment and pleads Not Guilty on counts 1 thru 6, and 245 thru 267 as charged.; Deft ODEH (13) is arraigned on S6 Indictment and pleads Not Guilty on counts 1, and 3 thru 244 as charged.; Deft AL-'OWHALI (4) is arraigned on S6 Indictment and pleads Not Guilty as charged, that is, counts 1, and 3 thru 244.; Conference held - all discovery of non- classified material has been produced. Timing of death penalty submissions to be determined by defts' attys. Oral argument held on atty Michael Young's motion re: Security Clearance and concluded. Decision reserved. Further conference 9/28/99 at 9:30 a.m. All defts continued remanded. ( Held before Judge Leonard B. Sand ) (bw) (Entered: 07/09/1999) 06/22/1999 PLEA (on S6 98 Cr. 1023 -) entered by Mamdouh Mahmud Salim (12), Ali Mohamed (13), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4). Court accepts plea. Not Guilty: Mamdouh Mahmud Salim (12) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, Ali Mohamed (13) count(s) 1s, 2s, 3s, 4s, 5s, 6s, Wadih El Hage (1) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 245ssssss-264ssssss, 265ssssss-267ssssss, Mohamed Sadeek Odeh (3) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 129/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss. (bw) (Entered: 07/09/1999) 06/22/1999 ORAL ORDER (on S6 98 Cr. 1023 -) as to Mamdouh Mahmud Salim (12), Ali Mohamed (13), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4) , SET pre-trial conference for 9:30 a.m. 9/28/99 for Mamdouh Mahmud Salim, for Ali Mohamed, for Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed Daoud Al-'Owhali. ( Entered by Judge Leonard B. Sand ) (bw) (Entered: 07/09/1999) 06/24/1999 68 ORDER as to Mamdouh Mahmud Salim, Ali Mohamed, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, to Continue in Interests of Justice. Time excluded from June 22, 1999, until September 23, 1999. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 07/02/1999) 06/29/1999 Pre-Trial Conference as to Wadih El Hage held. Deft present w/atty Sam Schmidt, Patrick Fitzgerald, Kan Karas, Paul Butler. Publication of deft El Hage's ltr to court and his family visitation rights. Court finds no particular need to have the El Hage letter docketed & published. Atty Schmidt may prepare a paraphrase of the letter and give to Govt, and if govt has not objection it can be made public. As to visitation rights. govt's request that family visitiation rights be allowed, but with no physical contact is granted. Govt previous order of 6/14/99 is cancelled without prejudice, to making of another similar order. All future visitation rights will be non-contact. Deft continued detained. (sl) (Entered: 07/27/1999) 06/30/1999 69 LETTER filed by U.S.A. as to Mohamed Sadeek Odeh From AUSA, Dated 6/21/99, Addressed to: Judge Sand Re: Mohamed Sadeek Odeh (sl) (Entered: 07/06/1999) 06/30/1999 70 LETTER filed as to Mohamed Sadeek Odeh From Michael Young, Esq., Dated 6/24/99, Addressed to: Hon. Leonard B. Sand Re: Security Clearance (rag) (Entered: 07/07/1999) 06/30/1999 71 AFFIRMATION as to Mohamed Sadeek Odeh by Michael A. Young, Esq. Re: Security Clearance. (rag) (Entered: 07/07/1999) 06/30/1999 74 OPINION # 82515 as (S6 98 Cr. 1023 -all) to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. CONCLUSION: On the facts of this case, there can be no serious question about the need of some inquiry into counsels' backgrounds and we have no difficulty choosing between the competing methods proposed by the parties. We find unacceptable the contention of counsel for ODEH that it would be preferable for the Court to direct that an investigation of counsel be conducted but that he not be required to cooperate or give answers to specific background questions. The goal should not be to establish how time-consuming and expensive an investigation, conducted without the subjects' cooperation, might prove to be. The Department of Justice ("DOJ")-initiated procedure offers a far more efficient mechanism for resolving clearance questions and it evinces a greater respect for the rights asserted in the Moving Defendants' briefs. We have considered all of the Moving Defendants' contentions, as well as those offered by counsel for Defendant Odeh, and find them to be without merit. Accordingly, both Motions are denied. The Court directs that the parties confer regarding possible alterations to the protective order that might more clearly spell out the highly confidential nature of counsels' clearance applications and the methods that will be undertaken to insure that no information regarding these applications is disclosed to anyone in the prosecution team. See, e.g., United States v. Musa, 833 F.Supp. 752, 756 (E.D. Mo. 1993). The Court further directs the Government to inquire about the feasibility of modifying Standard Form 86 in any ways that might minimize needless intrusion into Defense counsels' backgrounds. Although the Department of Justice may believe that every aspect of its review procedure is essential, counsel are not seeking Government employment and it is conceivable that certain portions of the clearance can be modified. Finally, the parties should confer and contact the Court with a proposed date for a conference during the week of July 12, at which time the Court can consider any outstanding issues with respect to the protective

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 130/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 order. ( Signed on 6/30/99 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 07/09/1999) 07/02/1999 72 AFFIRMATION by Mohamed Sadeek Odeh as to Mohamed Sadeek Odeh Re: Security Clearance. (rag) (Entered: 07/07/1999) 07/08/1999 76 AMENDED ORDER as to (S6 98 Cr. 1023 - ) Mamdouh Mahmud Salim (12), Ali Mohamed (13), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4). It is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), and the consent of the defendants, all time running from June 22, 1999, until September 28, 1999, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendants in a speedy trial. ( Signed on 7/8/99 by Judge Leonard B. Sand ); Copies mailed. (bw) Modified on 07/14/1999 (Entered: 07/14/1999) 07/12/1999 75 SEALED DOCUMENT as to Wadih El Hage (af) (Entered: 07/12/1999) 07/15/1999 Pre-Trial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Mamdouh Mahmud Salim, Ali Mohamed held. All 5 defts' waive their appearance. Sam Schmidt Esq present for El Hage, Paul McAllister present for Salim, James Roth present for Ali Mohamed, Michael Toring & Carl J Herman present for deft Odeh. James Roth present in lieu of Leonard Joy for deft Al- Onhali. AUSA Patrick Fitzgerald, Ken Karas. Also present Charlse L Alliman & James Londergan Dept of Justice security office. Court considered charge made to security clearance Process and certain deft's atty continuing objections to the process. All counsel either have submitted or are likely to submit clearance forms not withstanding their objections parties to advise court of status next week. (sl) (Entered: 07/27/1999) 07/27/1999 77 ORDER as to Wadih El Hage, that the United States Marshal and the Warden of the Metropolitan Correctional Center shall provide a suitable place for the administration of said examination, such place to consist of a private room without distraction of noise, a small table and chairs. , and that Stuart Grassian, M.D., be permitted to enter said institution for the purpose of examining the defendant on 8/11/99. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 07/27/1999) 07/29/1999 78 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Filed PROTECTIVE ORDER to prevent the unauthorized disclosure or dissemination of classifed national security information and documents belonging to the United States Government which may be reviewed by, made available to, or may otherwise come to be in the possession of the defendants and defesne counsel in this case. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 07/30/1999) 08/05/1999 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Wadih El Hage : Appointment of Attorney Joshua L. Dratel ( Signed by Judge Leonard B. Sand ) (mh) (Entered: 12/03/1999) 08/09/1999 79 ORDER as to Wadih El Hage, that Joshua Dratel, Esq is assigned pursuant to CJA as co- counsel for the deft. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 08/09/1999) 08/10/1999 80 TRANSCRIPT of record of proceedings before Judge Sand as to Mamdouh Mahmud Salim, Khalfan Khamis Mohamed, Wadih El Hage, Mohamed Odeh, Mohamed Rashed Daoud Al-'Owhali for dates of 6/22/99 (ls) (Entered: 08/10/1999) 08/10/1999 81 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 131/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz for dates of 6/29/99. (jp) (Entered: 08/10/1999) 08/16/1999 82 ORDER as to Mohamed Sadeek Odeh, (1) Pursuant to 18USCSec3005 and 21 USC Sec. 848(q)(4), Sandra A. Babcock, 4905 16th ave South, Minneapolis, Minnesota 55417, shall be assigned to represent Mohamed Sadeek Odeh, along with Michael A. Young and Carl J. Herman, previously appointed by this court. (2) Ms. Babcock shall have her compensation fixed at a rate of $125 per hour, for in court time, with respect to all matters affecting the representation of Mr. Odeh. Because of the complexity of the defendant's trial, the expected length of trial in this case, and the anticipated hardship on counsel in undertaking representation full-time for such a period without compensation, pursuant to paragraph 2.30B of the Guidelines for the Administration of the Criminal Justice Act, counsel shall submit to the Court, every thirty days, an interim CJA Form 30, "Death Penalty Proceedings: appointment of and Authority to pay court appointed counsel. Counsel shall strike the pre-printed numbers on all but the first CJA Form 30 submitted and substitute the number appearing on the firt voucher. All interim vouchers shall be supported by detailed and itemized time and expense statements. Chapter VII, as well as the applicable provisions of Chapter II, Part C of the Guidelines for the administration of the Criminal Justice Act, outlines the procedures and rules for claims by CJA attorney and should be followed regarding each voucher. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 08/17/1999) 08/18/1999 83 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (kb) (Entered: 08/18/1999) 08/23/1999 87 LETTER filed by Wadih El Hage From Sam A. Schmidt, Dated 6/28/99, Addressed to: Judge Sand Re: Submitted in response to the government's leter dated June 24, 1999 that opposes the release of a letter written to Judge Sand by the deft. Wadih El-Hage. (rag) (Entered: 08/30/1999) 08/27/1999 84 FAXED LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz From AUSA Patrick J. Fitzgerald, Dated 7/20/99, Addressed to: All Defense Counsel Re: Package of letters as it will be filed tomorrow morning, July 21, 1999, absent hearing objections from any counsel. (rag) (Entered: 08/27/1999) 08/27/1999 85 LETTER filed by Wadih El Hage From Sam A. Schmidt, Esq., Dated July 2, 1999, Addressed to: Mr. Fitzgerald Re: This letter paraphases the letter May 31, 1990 of Mr. El- Hague pursuant to the authorization of Judge Sand. (rag) (Entered: 08/27/1999) 08/27/1999 86 LETTER filed by U.S.A. as to Wadih El Hage From Alan R. Kaufman, Dated 6/24/99, Addressed to: Judge Sand Re: The Government respectfully submits this letter to set forth its reasons why the letter of Wadih el Hage to the Court dated May 31, 1999, should not be made part of the public record. (rag) (Entered: 08/27/1999) 08/27/1999 88 LETTER filed by U.S.A. as to Wadih El Hage From AUSA Patrick J. Fitgerald, Dated 6/28/99, Addressed to: Judge Sand Re: The Government respectfully sumits this letter to set forth the reasons why it seeks to have this court's Order of June 14, 1999, vacated to the extent it allows defendant Wadih el Hage a contact visit which would otherwise be prohibited by the Special Administrative Measures ("Sam") imposed on el Hage by the Bureau of Prisons ("BOP"). (rag) (Entered: 08/30/1999) 09/13/1999 89 TRANSCRIPT of record of proceedings as to (S6 98 Cr. 1023 -all defts) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 132/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Al Fawwaz for dates of July 15, 1999. ( Before: Hon. Leonard B. Sand ) (bw) (Entered: 09/13/1999) 09/28/1999 90 LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz From AUSA Patrick J. Fitzergerald, Dated 9/24/99, Addressed to: Judge Sand Re: Status of Discovery (sl) (Entered: 09/28/1999) 09/28/1999 Status conference as to (S6 98 Cr. 1023 - ) Mohamed Rashed Daoud Al-'Owhali (4), Mohamed Sadeek Odeh (3), Wadih El Hage (1), Mamdouh Mahmud Salim (12), Ali Mohamed (13) held. Conference held and concluded. Deft 'OWHALI present w/attorney Leonard Joy; Deft ODEH waives presence, his attorneys Michael Young, Carl J. Herman, and Sandra Babcock, Esqs., present; Deft EL HAGE waives presence, his attorneys Sam A. Schmidt and Joshua Dratel, Esqs. present; Deft SALIM waives presence, his attorney Paul J. McAllister present; Deft ALI MOHAMED waives presence, his attorney James Roth present; Interpreter Mohsen Shawarby present; AUSAs Patrick J. Fitzgerald, Ken Karas, Michael Garcia and Paul Butler present. All defense motions to be filed by 12/6/99, Gov't response by 1/25/2000, and defts' reply by 2/22/2000. Oral argument on 2/29/2000 at 10 a.m., or any matter w/respect to Section 4 of C.I.P.A. (Classified Information Procedures Act); Trial on September 5, 2000; Gov't submit order excluding time thru 2/29/2000; Deft 'OWHALI continued remanded. ( Held before Judge Sand ) (bw) (Entered: 10/05/1999) 09/28/1999 ORAL ORDER as to Mohamed Rashed Daoud Al-'Owhali (4), Mohamed Sadeek Odeh (3), Wadih El Hage (1), Mamdouh Mahmud Salim (12), Ali Mohamed (13) . Set scheduling order deadlines: Motion Filing deadline set to 12/6/99 for Mohamed Rashed Daoud Al- 'Owhali, for Mohamed Sadeek Odeh, for Wadih El Hage, for Mamdouh Mahmud Salim, for Ali Mohamed; Response to motion deadline set to 1/25/2000 for U.S.A.; Reply to response to motion deadline set to 2/22/2000 for Mohamed Rashed Daoud Al-'Owhali, for Mohamed Sadeek Odeh, for Wadih El Hage, for Mamdouh Mahmud Salim, for Ali; Jury Trial set for 9/5/2000 for Mohamed Rashed Daoud for Mohamed Sadeek Odeh, for Wadih El Hage, for Mamdouh Mahmud Salim, for Ali Mohamed; and Set oral argument to 2/29/2000 at 10 a.m. ( Entered by Judge Leonard B. Sand ) (bw) (Entered: 10/05/1999) 09/29/1999 91 ORDER as to (S6 98 Cr. 1023 - all ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. Upon the application of Mary Jo White, U.S. Attorney for the S.D.N.Y., by Patrick J. Fitzgerald, Kenneth M. Karas, Michael J. Garcia and Paul Butler, AUSAs, and in the absence of objection by the defts MAMDOUH MAHMUD SALIM (12), ALI MOHAMED (13), WADIH EL HAGE (1), MOHAMED SADEEK ODEH (3) and MOHAMED RASHED DAOUD AL-'OWHALI (4), it is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), all time running from September 28, 1999, until February 29, 2000, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendants in a speedy trial, particularly in light of: (i) the voluminous discovery in this matter, (ii) the complexity of the case which involves an alleged international terrorism conspiracy spanning a number of years; (iii) the need to review classified material; (iv) the need for two defendants to make submissions concerning the death penalty; and (v) the need for all defendants to consider and prepare pre-trial motions. ( Signed on by Judge Leonard B. Sand ); Copies mailed. (bw) Modified on 09/29/1999 (Entered: 09/29/1999) 10/08/1999 Arraignment as to Khalfan Khamis Mohamed held Khalfan Khamis Mohamed (8) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss- 237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss. Deft Khalfan Kamis MOhamed present w/atty David Stern in lieu of his partner Jeremy Schneider. AUSA https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 133/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Patrick Fitzgerald, Kenneth Karas, Michael J. Garcia. Arabic Interpreter Sadika Mahmoud present Deft is arraigned & pleads not guilty on counts 1,and 3 thru 244 as charged on (S)6 indictment. Same Timetable for motions shall apply to deft Khalfan Khamis Mohamed as previously set for all defts, that is all defense motions on matters other than these related to discovery not made as of 9/28/99, or which relate to the death penalty determination by 12/6/99, by 1/18/00 govt file notices pursuant to section 6 &4 of classified information act, Govt response to deft's reply in support of defts motin by 2/22/00 and oral argument at 10AM on 2/29/00 on any pending motions and any matters in respect to CIPA scheduling for further motions or any necessary hearings. Trial 9/5/99. Terms of confinement for deft Khamis Mohamed should be under same conditions as to all other defts. Deft remanded. (before Judge Leonard B. Sand) (sl) (Entered: 10/08/1999) 10/08/1999 92 NOTICE of Appearance for Khalfan Khamis Mohamed by Attorney Jeremy Schneider (sl) Modified on 03/09/2000 (Entered: 10/08/1999) 10/08/1999 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Khalfan Khamis Mohamed : Appointment of Attorney Jeremy Schneider ( Signed by Judge Leonard B. Sand ) (mh) (Entered: 12/03/1999) 10/18/1999 93 ORDER as to Khalfan Khamis Mohamed (S6 98 Cr. 1023 -8). The C.J.A. attorney assigned to receive cases on this day, JEREMY SCHNEIDER, ESQ. is hereby ordered to assume representation of the defendant in the above captioned matter. ( Signed on 10/8/99 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 10/19/1999) 10/21/1999 94 ORDER as to Wadih El Hage, for Psychiatric Exam of the defendant by Dr. N.G. Berrill and Jennifer Hope, on October 30, 1999, with an Arabic interpreter; it is hereby ordered, that the U.S. Marshal and the Warden of the Metropolitan Correction Center shall provide a suitable place for the administration of said examination, such place to consist of a private room without distractions or noise, a small table and chairs; and it is further ordered that Dr. N.G. Berrill, Jennifer Hope and a previously authorized Arabic interpreter, be permitted to enter said institution for the purpose of examining the defendant on October 30, 1999, or any day thereafter. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 10/21/1999) 11/01/1999 95 ORDER as to Mamdouh Mahmud Salim, the Court has received a request from counsel to Mamdouh Mahmud Salim to defer the date for the filing of motions on his behalf until "at least January 31, 2000." For the reasons set forth herein, that request is denied. As the Court has previously stated, it will sympathically entertain any motion filed subsequent to December 6, 1999 which are predicated on matters which were not previously known by defendants or the significance of which was not previously apparent to them. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 11/02/1999) 11/02/1999 96 Filed Memo-Endorsement on letter to Judge Sand dtd. 10/26/99 from Paul J. McAllister as to Mamdouh Mahmud Salim, the request for an extension of the time in which to serve and file motions is denied per order this date (11/1/99). ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 11/03/1999) 11/08/1999 97 ORDER as to Mamdouh Mahmud Salim, that Charles D. Adler and George Goltzer of Goltzer & Adler, 598 Madision Avenue, New York, New York 10022, (212) 421-7600 be assigned as co-counsel to Paul J. McAllister ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 11/09/1999) 11/08/1999 98 ORDER as to Khalfan Khamis Mohamed, Pursuant to 18USC3005 and 21USC848(q)(4), David Ruhnke, Esq. of Ruhnky and Parrett, 47 Park Street, 2nd Fl. Montclair, New Jersey 07042, and attorney learned in the law of capital cases and David Stern, Esq. of Rothman, Schneider, Soloway and Stern, P.C., 70 Lafayette Street, 7th floor, NY, NY, 10013 shall be assigned to represent Khalfan Khamis Mohamed along with Jeremy Schneider, previously appointed by this Court. , Mr. Schnieder, Mr. Stern and Mr. Ruhnke shall have compensation fixed at a rate of $125 per hour, for in court and out of court time, with respect to all matters affecting the representation of Mr. Mohamed. , and Because of the complexity of the Defendant's trial, the expected length of trial in this case, and the anticipate hardship on counsel in undertaking representation full-time for such a period without compensation, pursuant to paragraph 2.30B of the "Guidelines for the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 134/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Administration of the Criminal Justice Act" counsel shall submit to the Court, every thirty days, an interim CJA form 30, "Death Penalty Proceedings: Appointment and Authority to Pay Court appointed Court". Counsel shall strike the pre-printed numbers on all but the first CJA form 30 submitted and substitute the number appearing on the first voucher. All interim vouchers shall be supported by detailed and itemized time and expense statements. Chapter VII, as well as the applicable provisions of Chapter II, Part C of the "Guidelines for the Administration of the Criminal Justice Act", outlines the procedures and rules for claims by CJA attorneys and shouls be followed regarding each voucher. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 11/09/1999) 11/08/1999 CJA 30 DEATH PENALTY PROCEEDINGS: APPOINTMENT OF AND AUTORITY TO PAY COURT APPOINTED COUNSEL as to Khalfan Khamis Mohamed : Appointment of Attorney David Ruhnke ( Signed by Judge Leonard B. Sand ) (df) (Entered: 12/21/1999) 11/09/1999 99 CJA 23 Financial Affidavit as to Khalfan Khamis Mohamed (8) : ( Signed on 10/18/99 by Judge Leonard B. Sand ) (bw) (Entered: 11/10/1999) 11/15/1999 100 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz for dates of 9/28/99 before Judge Sand. (mr) (Entered: 11/15/1999) 11/24/1999 101 SEALED DOCUMENT as to Usama Bin Laden (af) (Entered: 11/24/1999) 12/01/1999 102 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) (Entered: 12/01/1999) 12/02/1999 103 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) (Entered: 12/02/1999) 12/02/1999 104 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) (Entered: 12/02/1999) 12/03/1999 105 ORDER as to Mohamed Sadeek Odeh, The attorneys representing M. Odeh are authorized to employ Mohsen A. Shawarby, 3570 Ellis Street, Mohegan Lake, NY 10547, as a consultant in data management and Islamic affairs at a rate of $65.00 per hour. This order shall apply nunc pro tunc to 9/1/99. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 12/03/1999) 12/06/1999 106 TRANSCRIPT of record of proceedings as to (S6 98 Cr. 1023 -) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz for date of 10/8/99 11:30 a.m. before Judge Leonard B. Sand. (bw) (Entered: 12/06/1999) 12/06/1999 107 AFFIRMATION signed by Paul McAllister as to Mamdouh Mahmud Salim re: in support of obtaining expert services. (mr) (Entered: 12/06/1999) 12/06/1999 108 ORDER as to Usama Bin Laden, that the following Investigator may be retained by Paul J McAllister, Counsel for Mr. Salim. That Mr McAllister counsel for Mr Salim and his https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 135/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 investigators, may retain the services of local investigators outside the US. The above investigator shall be permitted to file vouchers for his services ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 12/07/1999) 12/06/1999 109 MOTION by Mohamed Rashed Daoud Al-'Owhali to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous , to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property. , Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts , to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99 , for Bill of Particulars , to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. (sl) (Entered: 12/07/1999) 12/06/1999 110 MEMORANDUM by Mohamed Rashed Daoud Al-'Owhali in support of [109-1] motion to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. (sl) (Entered: 12/07/1999) 12/06/1999 111 MOTION by Mamdouh Mahmud Salim for Bill of Particulars , to strike surplusage , to suppress physical evidence and derivative fruits , to suppress alleged statement of accused , to suppress evidence consisting of both in court and out of court identification. , to direct the govt to provide witness list , in limine and pursuant to Rule 607, 608, 609 of FR of evidence , in limine pursuant to Ruel 104, 403 and 404b of FR of evidence , to direct the govt to provide timely fashion exculpatory or mitigating evidence , to amend Mr Salem's previously imposed detention order , for leave to file motions , to join [109-1] to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. (sl) (Entered: 12/07/1999) 12/07/1999 112 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) (Entered: 12/07/1999) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 136/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 12/07/1999 113 MOTION by Wadih El Hage for dismissal of Counts 248(all), 252(all), 253(all), 254(a), 256(e), 257(b), (c) and (d), 258(a),(c),(d),(e),(f), and (g), 259(all), 260(m) and (n), 263(c), and 264 (all) because they are multiplicious; , for exclusion of U.S. citizens from the jury, or, in the alternative, implementaiton of measures to ensure that they do not dominate the jury numerically , for Bill of Particulars , leave to join Mr. El-Hage's co-defendants' motion to the extent they benefit him , leave to file additional motions when they become appropriate Return date 2/29/2000 at 9:30. With attached declaration of Joshua L. Dratel in support. (rag) (Entered: 12/07/1999) 12/07/1999 114 MEMORANDUM by Wadih El Hage in support of [113-1] motion for dismissal of Counts 248(all), 252(all), 253(all), 254(a), 256(e), 257(b), (c) and (d), 258(a),(c),(d),(e),(f), and (g), 259(all), 260(m) and (n), 263(c), and 264 (all) because they are multiplicious;, [113-2] motion for exclusion of U.S. citizens from the jury, or, in the alternative, implementaiton of measures to ensure that they do not dominate the jury numerically, [113-3] motion for Bill of Particulars, [113-4] motion leave to join Mr. El-Hage's co-defendants' motion to the extent they benefit him, [113-5] motion leave to file additional motions when they become appropriate (rag) (Entered: 12/07/1999) 12/07/1999 115 MOTION by Mohamed Sadeek Odeh to dismiss counts for lack of jurisdiction (sl) (Entered: 12/10/1999) 12/07/1999 116 MEMORANDUM by Mohamed Sadeek Odeh in support of [115-1] motion to dismiss counts for lack of jurisdiction (sl) (Entered: 12/10/1999) 12/07/1999 117 MOTION by Mohamed Sadeek Odeh to dismiss for lack of venue (sl) (Entered: 12/10/1999) 12/07/1999 118 MEMORANDUM by Mohamed Sadeek Odeh in support of [117-1] motion to dismiss for lack of venue (sl) (Entered: 12/10/1999) 12/07/1999 119 MOTION by Mohamed Sadeek Odeh for partial disqualification of certain prosecutors . (sl) (Entered: 12/10/1999) 12/07/1999 120 MEMORANDUM by Mohamed Sadeek Odeh in support of [119-1] motion for partial disqualification of certain prosecutors (sl) (Entered: 12/10/1999) 12/13/1999 Pre-Trial Conference as to Wadih El Hage held. Deft El Hage present w/atty Sam Schmidt. AUSA Patrick Fitzergerald Kenneth Karas and Michael Garcia present. Conference held on scheduling oral argument for setting bail, modification of special administration measure as it pertains to deft El Hage. Govt response by 12/30/99. Deft reply by 1/5/00 and oral argument on 1/7/00 at 4:30 PM. Deft continued remanded (sl) (Entered: 12/16/1999) 12/15/1999 121 MOTION by Wadih El Hage an order setting reasonable bail for Mr. El-Hage's release. , for recission of the Special Adminstrative Measures as they pertain to Mr. El-Hage. , and substantial modification of the Special Administrative Measures as they pertain to Mr. El_hage. , and to transfer Mr. El-Hage to general population withon the United States Bureau of Prisons pretrial systems. (mr) (Entered: 12/15/1999) 12/15/1999 122 MEMORANDUM by Wadih El Hage in support of [121-1] motion an order setting reasonable bail for Mr. El-Hage's release., [121-2] motion for recission of the Special Adminstrative Measures as they pertain to Mr. El-Hage., [121-3] motion and substantial modification of the Special Administrative Measures as they pertain to Mr. El_hage., [121- 4] motion to transfer Mr. El-Hage to general population withon the United States Bureau of Prisons pretrial systems. (mr) (Entered: 12/15/1999) 01/01/2000 143 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) (Entered: 02/02/2000) 01/04/2000 123 Filed Memo-Endorsement on letter dated 12/29/99 to Judge Sand signed by Leonard F. Joy as to Mohamed Rashed Daoud Al-'Owhali, asking the Court to extend their time for

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 137/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 submissions until 2/7/00....Extension to 2/7/00 on behalf of defendant Al-Owhali is granted. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 01/04/2000) 01/07/2000 124 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 2/2/99. (sl) (Entered: 01/07/2000) 01/10/2000 Bail hearing as to Wadih El Hage held before Judge Sand. Deft present w/atty's Sam Schmidt & Joshua Dratel. AUSA's Patrick Fitzgerald, Ken Karas, Michael Garcia, Paul Butler. Bail proceedings held as to deft El-Hage. Oral argument begun for a reasonable bail, or for an evidentiary hearing w/respect to dangerous & risk of flight. Motion denied. Court urges all sides to consider what steps can be taken to ameloriate conditions of confinement (SAM) & to report to court within 2 weeks what ameliorative steps can be taken with respect to grievances of confinement. Conditions of confinement will be subject to continuous review in this case. Deft continued remanded. (sl) (Entered: 01/26/2000) 01/12/2000 125 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) (Entered: 01/12/2000) 01/12/2000 126 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) (Entered: 01/13/2000) 01/12/2000 Filed Memo-Endorsement on Notice Of Motion In Support Of Motion For Bail And/Or Other Relief (doc. #121) as to Wadih El Hage (S6 98 Cr. 1023 -1). Judge endorsed: Denied without prejudice to renewal as set forth in oral opinion. See Transcript, Jan. 10, 2000.; This Memo Endorsement denied [121-1] motion an order setting reasonable bail for Mr. El- Hage's release, denied [121-2] motion for recission of the Special Adminstrative Measures as they pertain to Mr. El-Hage, denied [121-3] motion and substantial modification of the Special Administrative Measures as they pertain to Mr. El_hage, denied [121-4] motion to transfer Mr. El-Hage to general population withon the States Bureau of Prisons pretrial systems. ( Signed on 1/10/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/13/2000) 01/18/2000 127 Filed Memo-Endorsement letter addressed to Judge Sand from James Roth as to Usama Bin Laden, substituting attorney Added Lloyd Epstein. Granted. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 01/18/2000) 01/18/2000 128 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Patrick J. Fitzgerald (signed), dated 1/13/00, as to (S6 98 Cr. 1023 - ) defts Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. The Gov't submits this letter to request that the Court order (by endorsement on this letter) that the portions of the grand jury minutes of Wadih el Hage's testimony in Sept. 1997 and Sept. 1998 which were appended as exhibits to the Govt's papers in opposition to the motion by Wadih el Hage for bail and other relief be unsealed pursuant to Rule 6(e)(3)(C)(i) as matters that were disclosed in connection with the Court's direction that the Gov't respond to el Hage's motion. If the Court so orders, then Exhibits 18 and 24 to Mr. Fitzgerald's affidavit will no longer be sealed and the Govt's papers, as redacted with notice to defense counsel, will be publicly filed; Judge approved request. ( Signed on 1/14/00 by Judge Leonard B. Sand ); Copies mailed.(bw) Modified on 01/18/2000 (Entered: 01/18/2000) 01/18/2000 129 NOTICE OF APPEAL by Wadih El Hage ; from ; the Order of Denial of Bail and Mtion to eliminate Special Administrative Order entered in this action on 1/10/00. Copies mailed to the attorneys of record: Kenneth M. Karas and Court Reporters. *(CJA)*. (dt) (Entered: 01/18/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 138/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/18/2000 Notice of Appeal with copy of order/judgment and two copies of docket entries as to Wadih El Hage transmitted to USCA re: [129-1] appeal on 1/18/00. (dt) (Entered: 01/18/2000) 01/19/2000 130 SEALED DOCUMENT as to Mohamed Rashed Daoud Al-'Owhali (af) (Entered: 01/19/2000) 01/19/2000 131 ORDER as to Usama Bin Laden, that Nadia Kahf is authorized to perform services as indicated above and that she shall be compensated at the rate of $18 per hour for services rendered on behalf of the defense. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 01/20/2000) 01/19/2000 132 Filed Memo-Endorsement on letter addressed to Judge Sand from Joshua L. Dratel, Atty to Wadih El Hage; counsel requests permission to submit copy of redacted version of Reply Memorandum of law with exhibits. The Clerk shall accept the Reply Memorandum of in Support of Defendant Wadih El Hage's motion for bail for filing. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) Modified on 01/27/2000 (Entered: 01/20/2000) 01/19/2000 133 MEMORANDUM by Wadih El Hage in support of [121-1] motion an order setting reasonable bail for Mr. El-Hage's release. (sl) Modified on 01/21/2000 (Entered: 01/20/2000) 01/19/2000 135 ORDER as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. ... Copies of all briefs, motions, etc., redacted by the government and defense counsel, (the original of which were sealed) shall be docketed and filed in the Clerk's office until otherwise notified by the Court. ( Signed on 1/19/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/21/2000) 01/19/2000 136 REDACTED COPY of Declaration Of Dennis W. Hasty by U.S.A. as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. [ Refer to Order, doc #135 ] (bw) (Entered: 01/21/2000) 01/19/2000 137 REDACTED COPY of Government's Memorandum of Law in Response To Defendant's Motion For Bail And Modifications Of Prison Conditions by U.S.A. as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. [ Refer to Order, doc #135 ] (bw) (Entered: 01/21/2000) 01/19/2000 138 REDACTED COPY of Affirmation of AUSA Patrick J. Fitzgerald by U.S.A. as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. [ Refer to Order, doc #135 ] (bw) (Entered: 01/21/2000) 01/19/2000 139 REDACTED COPY of Exhibits In Support of Fitzgerald's Affidavit by U.S.A. as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. [ Refer to Order, doc #135 ] (bw) Modified on 01/21/2000 (Entered: 01/21/2000) 01/20/2000 134 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Patrick J. Fitzgerald (signed), dated 1/18/00, as to defts (S6-98-Cr-1023 - ) Wadih El Hage, Fazul https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 139/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. The Gov't requests a brief extension of time within which to file its notices pursuant to Sections 2 and 6 of the Classified Information Procedures Act. The Gov't requests that it be allowed to files its notices due 1/18/00 one week from tomorrow, i.e. on 1/26/00. The Gov't would request that the defense be given a corresponding additional eight (8) days in which to file their notices pursuant to Section 5, i.e. until 2/23/00; Judge endorsed - Extension granted as requested. ( Signed on 1/17/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/21/2000) 01/24/2000 140 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Patrick J. Fitzgerald, dated 1/21/00, as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. ... The Gov't requests that the Court endorse this letter to allow copies of Exhibit 26 (attached, consists of five pages containing travel stamps of Kenya and Pakistan) to be added to the Court docket in this case; Judge granted request. ( Signed on 1/24/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/24/2000) 01/24/2000 141 SEALED DOCUMENT as to Wadih El Hage (af) (Entered: 01/26/2000) 01/27/2000 142 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) (Entered: 01/28/2000) 02/07/2000 144 File notice that the record on appeal as to Wadih El Hage has been certified and transmitted to USCA on 2/7/00 [129-1] appeal. (dt) (Entered: 02/07/2000) 02/08/2000 145 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 12/13/99 before Judge Sand. (rag) (Entered: 02/08/2000) 02/09/2000 146 ORDER as to Wadih El Hage, that the defendant Wadih El Hage undergo a psychiatric examination by Dr. Robert H. Berger, M.D., with the assistance of Dr. Erica Weissman, Ph.D., to assess the effects, if any, or the conditions of confinement upon Mr. El Hage's mental condition, including whether he is presently suffering from a mental disease or defect that renders him incapable of assisting properly in his own defense or mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him; and it is further ordered that Dr. Robert H. Berger and Dr. Erica Weissman be granted access to Mr. El Hage at the Manhattan Correctional Center ("MCC") as frequently as reasonably necessary to complete their examination of Mr. El Hage; and it is further ordered that a report of the psychiatric examination be provided to Assistant United States Attorneys Patrick J. Fitzgerald and Paul W. Butler of the Office of the United States Attorney for the Southern District of New York (One Saint Andrew's Plaza, New York, New York 10007), with copies provided to Sam Schmidt, Esq., and Joshua Dratel, Esq., counsel for the defendant, and that the report be provided to the United States District Judge Leonard B. Sand, United States District Court for the Southern District of New York, but not publicly filed. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 02/09/2000) 02/09/2000 147 ORDER as to Wadih El Hage, that Pan International Conference and Language Services may submit interimvouchers for full payment. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 02/09/2000) 02/09/2000 148 RESPONSE by U.S.A. re [113-1] motion for dismissal of Counts 248(all), 252(all), 253(all), 254(a), 256(e), 257(b), (c) and (d), 258(a),(c),(d),(e),(f), and (g), 259(all), 260(m) and (n), 263(c), and 264 (all) because they are multiplicious;, [113-2] motion for exclusion of U.S. citizens from the jury, or, in the alternative, implementaiton of measures to ensure https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 140/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 that they do not dominate the jury numerically, [113-3] motion for Bill of Particulars, [113- 4] motion leave to join Mr. El-Hage's co-defendants' motion to the extent they benefit him, [113-5] motion leave to file additional motions when they become appropriate, [119-1] motion for partial disqualification of certain prosecutors, [117-1] motion to dismiss for lack of venue, [115-1] motion to dismiss counts for lack of jurisdiction, [111-1] motion for Bill of Particulars, [111-2] motion to strike surplusage, [111-3] motion to suppress physical evidence and derivative fruits, [111-4] motion to suppress alleged statement of accused, [111-5] motion to suppress evidence consisting of both in court and out of court identification., [111-6] motion to direct the govt to provide witness list, [111-7] motion in limine and pursuant to Rule 607, 608, 609 of FR of evidence, [111-8] motion in limine pursuant to Ruel 104, 403 and 404b of FR of evidence, [111-9] motion to direct the govt to provide timely fashion exculpatory or mitigating evidence, [111-10] motion to amend Mr Salem's previously imposed detention order, [111-11] motion for leave to file motions, [111-12] motion to join [109-1] to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing., [109-1] motion to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. as to Wadih El Hage, Mohamed Rashed Daoud Al-'Owhali, Mamdouh Mahmud Salim (sl) (Entered: 02/09/2000) 02/09/2000 149 Sealed envelope. (rag) Modified on 02/10/2000 (Entered: 02/10/2000) 02/09/2000 150 Filed affirmation of AUSA Patrick J. Fitzgerald as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz Re: Submitted to provide background facts relevant to the Government's memorandum in opposition to the motion of the defendant Mohamed Sadeek Odeh ("Odeh") to disqualify an Assistant U.S. Attorney who participated in the interview of Odeh in Kenya from participating in either pre-trial proceedings or the trial of Odeh as well as Odeh's motion to dismiss certain counts for lack of jurisdication. Document previously filed under seal on 1/27/00. Unsealed on 2/9/00 pursuant to endorsement on envelope unsealing documents (attached to document #149). (rag) (Entered: 02/10/2000) 02/22/2000 151 REPLY by Mohamed Sadeek Odeh to response to [115-1] motion to dismiss counts for lack of jurisdiction (sl) (Entered: 02/23/2000) 02/22/2000 152 REPLY by Mohamed Sadeek Odeh to response to [117-1] motion to dismiss for lack of https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 141/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 venue (sl) (Entered: 02/23/2000) 02/25/2000 153 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) (Entered: 02/28/2000) 02/29/2000 Oral argument as to El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz held. Oral argument held on various motions by defts'. All defts' except Al-Owhali waive their appearance. Deft. Al-Owhali present w/attys' Leonard Joy, Mark Gombiner and Robert Tucker of Legal Aid Society, Federal Defender Division. Deft. Odeh not present, his attys' Michael Young present and Sandra Babcock and Carl J. Herman. Deft. El Hage not present, his attys' Sam Schmidt and Joshua Dratel present. Deft. Salim not presnt, his attys' Paul J. McAllister, Esq and Charles Adler and George Goltzer of Goltzer and Adler present. Deft. Ali Mohamed not present, his atty's James Roth and Lloyd Epstein present. Deft. Khalfan Khamis Mohamed not present, his attys' Jeremy Schneider and David Stern and David Ruhuke, Esq. present-Motions are as follow: 1) Deft. Al- Owhalis motion to dismiss Indictment on due process grounds; 2) Deft. Odeh motion to dismiss indictment on venue grounds; 3) deft Al-Owhali motion to dismiss count 1 of indictment for failure to state an offense. 4) various defts' motions to dismiss particular counts of indictment as multiplicitous. 5) various defts' motions for bill of particulars; 6) deft. Odeh motion to disqualify certain assistant U.S. Attorneys from participating in trial of this case; 7) Deft. Salim motion to strike surplusage from Indictment; and 8) Deft. El- Hage's motion to disqualify U.S. citizens from serving on jury. Decision Reserved. Discovery Hearings scheduled 4/11/00. Govt. submit order excluding time thru 4/11/00. Deft. Al-Owhali cont'd remanded. (rag) Modified on 03/15/2000 (Entered: 03/15/2000) 03/08/2000 154 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 1/10/00 before Judge Sand. (mb) (Entered: 03/08/2000) 03/08/2000 155 MOTION by Khalfan Khamis Mohamed An order dismissing the indictment for lack of venue. (in this regard, Khalfan Khamis Mohamed hereby joins, and adopts by refernce, the motion made by co-deft Mohamed Sadeek Odeh and the supporting affirmation of Michael Young, Esquire. An order dismissing various counts of the indictment for lack of jurisdiction. (In this regard, Kahlfan Khamis Mohmamed hereby joins, and adopts by reference, the motion made by co-deft. Mohamed Sadeek Odeh and the supporting affirmation of Sandra Babcock, Esquire.) , An order disqualifying an Assistant U.S. Attorney from participation in the government's case or, in the alternative, for an agreement among the parties on certain conditions that will obviate the problem of the "unsworn witness." An order for a Bill of Particulars as specified in the accompanying memorandum. An order granting leave to jpoin in all motions filed on behalf of co-defts. (whether specifically referred to in these pleadings or not) to the extent that such motions benefit Khalfan Khamis Mohamed. An order granting leave to file additional motions when they become appropiate. An order granting such additional relief as the Court deems just and proper. (mb) Modified on 03/09/2000 (Entered: 03/09/2000) 03/08/2000 156 Memorandum of Law by Khalfan Khamis Mohamed in support of [155-1] motion An order dismissing the indictment for lack of venue. (in this regard, Khalfan Khamis Mohamed hereby joins, and adopts by refernce, the motion made by co-deft Mohamed Sadeek Odeh and the supporting affirmation of Michael Young, Esquire., [155-2] motion An order dismissing various counts of the indictment for lack of jurisdiction. (In this regard, Kahlfan Khamis Mohmamed hereby joins, and adopts by reference, the motion made by co-deft. Mohamed Sadeek Odeh and the supporting affirmation of Sandra Babcock, Esquire.), [155- 3] motion An order disqualifying an Assistant U.S. Attorney from participation in the government's case or, in the alternative, for an agreement among the parties on certain conditions that will obviate the problem of the "unsworn witness.", [155-4] motion An order for a Bill of Particulars as specified in the accompanying memorandum., [155-5] https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 142/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 motion An order granting leave to jpoin in all motions filed on behalf of co-defts. (whether specifically referred to in these pleadings or not) to the extent that such motions benefit Khalfan Khamis Mohamed., [155-6] motion An order granting leave to file additional motions when they become appropiate. An order granting such additional relief as the Court deems just and proper. (mb) Modified on 03/09/2000 (Entered: 03/09/2000) 03/10/2000 158 ORDER as to (S6 98 Cr. 1023 - ) Usama Bin Laden (5), Mamdouh Mahmud Salim (12). It is hereby ORDERED that the following investigator may be retained by Paul J. McAllister, counsel for Mr. Salim, at the stated hourly rate. [Thomas Weihmann, Amalienburgstraase #13, Munchen, Germany 81247, 0 11 49 89 812-2858, Fee: $75 per hour.] It is further ORDERED that Paul J. McAllister, Esq. Counsel for Mr. Salim, and his investigators, may retain the services of other local investigators outside of the U.S. as and when it may become necessary to do so; It is further ORDERED that the above named investigator shall be permitted to file interim vouchers for his services; It is further ORDERED that the CJA clerk shall prepare the voucher(s) for the above named investigator. ( Signed on 3/9/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 03/13/2000) 03/13/2000 157 MEMORANDUM OPINION # 83614 as to Mohamed Sadeek Odeh granting in part, denying in part [117-1] motion to dismiss for lack of venue as to Mohamed Sadeek Odeh (3), granting in part, denying in part [115-1] motion to dismiss counts for lack of jurisdiction as to Mohamed Sadeek Odeh (3) ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 03/13/2000) 03/13/2000 Filed Memo-Endorsement on 'Notice of Motion To Dismiss Counts For Lack of Jurisdiction' [doc #115] as to Mohamed Sadeek Odeh (S6 98 Cr. 1023 -3). Endorsement - Motion granted in part and denied in part. SO ORDERED. ( Signed on 3/13/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 03/14/2000) 03/15/2000 160 Memorandum and Order as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Defendants are charged with numerous offenses arising out of their alleged involvement with an international terrorist organization led by Dft. Bin Laden ("Bin Laden"). Presently before the Court are four motions, filed by Dfts. Wadih El Hage (" El Hage"), Mamdouh Mahmud Salim (" Salim"), Mohamed Sadeek Odeh ("Odeh"), and Khalfan Khamis Mohamed ( K.K. Mohamed") seeking an order compelling the government to file a bill of particulars that is responsive to over 150 separate requests for information. For the reasons set forth below, those motions are granted in part and denied in part. The government is ordered to file a bill of particulars, but that bill need only be responsive to those specific requests that we identify below. (Signed by Judge Leonard B. Sand ) (mb) Modified on 5/28/2009 (rw). (Entered: 03/17/2000) 03/16/2000 159 SEALED DOCUMENT as to Khalfan Khamis Mohamed (af) (Entered: 03/16/2000) 03/24/2000 161 True Copy of Order from USCA as to Wadih El Hage Re: that the motions, and each of them are hereby, DENIED. An opinion of the Court will follow in due course. (mr) Modified on 03/30/2000 (Entered: 03/24/2000) 03/30/2000 162 Filed Memo-Endorsement on Motion (Doc. #117) as to Mohamed Sadeek Odeh, Motion denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 03/30/2000) 03/30/2000 163 OPINION # 83736 as to (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz denying [155-1] motion An order dismissing the indictment for lack of venue. (in this regard, Khalfan Khamis Mohamed hereby joins, and adopts by refernce, the motion made by co-deft Mohamed Sadeek Odeh and the supporting affirmation of Michael Young, Esquire. as to Khalfan Khamis Mohamed (8), denying [155-2] motion An order dismissing various counts of the indictment for lack of jurisdiction. (In this regard, Kahlfan Khamis Mohmamed hereby https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 143/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 joins, and adopts by reference, the motion made by co-deft. Mohamed Sadeek Odeh and the supporting affirmation of Sandra Babcock, Esquire.) as to Khalfan Khamis Mohamed (8), denying [155-3] motion An order disqualifying an Assistant U.S. Attorney from participation in the government's case or, in the alternative, for an agreement among the parties on certain conditions that will obviate the problem of the "unsworn witness." as to Khalfan Khamis Mohamed (8), denying [155-4] motion An order for a Bill of Particulars as specified in the accompanying memorandum. as to Khalfan Khamis Mohamed (8), denying [155-5] motion An order granting leave to jpoin in all motions filed on behalf of co-defts. (whether specifically referred to in these pleadings or not) to the extent that such motions benefit Khalfan Khamis Mohamed. as to Khalfan Khamis Mohamed (8), denying [155-6] motion An order granting leave to file additional motions when they become appropiate. An order granting such additional relief as the Court deems just and proper. as to Khalfan Khamis Mohamed (8), denying [113-1] motion for dismissal of Counts 248(all), 252(all), 253(all), 254(a), 256(e), 257(b), (c) and (d), 258(a),(c),(d),(e),(f), and (g), 259(all), 260(m) and (n), 263(c), and 264 (all) because they are multiplicious; as to Wadih El Hage (1), denying [113-2] motion for exclusion of U.S. citizens from the jury, or, in the alternative, implementaiton of measures to ensure that they do not dominate the jury numerically as to Wadih El Hage (1), denying [113-3] motion for Bill of Particulars as to Wadih El Hage (1), denying [113-4] motion leave to join Mr. El-Hage's co-defendants' motion to the extent they benefit him as to Wadih El Hage (1), denying [113-5] motion leave to file additional motions when they become appropriate as to Wadih El Hage (1), denying [119-1] motion for partial disqualification of certain prosecutors as to Mohamed Sadeek Odeh (3), denying [111-1] motion for Bill of Particulars as to Mamdouh Mahmud Salim (12), denying [111-2] motion to strike surplusage as to Mamdouh Mahmud Salim (12), denying [111-3] motion to suppress physical evidence and derivative fruits as to Mamdouh Mahmud Salim (12), denying [111-4] motion to suppress alleged statement of accused as to Mamdouh Mahmud Salim (12), denying [111-5] motion to suppress evidence consisting of both in court and out of court identification. as to Mamdouh Mahmud Salim (12), denying [111-6] motion to direct the govt to provide witness list as to Mamdouh Mahmud Salim (12), denying [111-7] motion in limine and pursuant to Rule 607, 608, 609 of FR of evidence as to Mamdouh Mahmud Salim (12), denying [111-8] motion in limine pursuant to Ruel 104, 403 and 404b of FR of evidence as to Mamdouh Mahmud Salim (12), denying [111-9] motion to direct the govt to provide timely fashion exculpatory or mitigating evidence as to Mamdouh Mahmud Salim (12), denying [111-10] motion to amend Mr Salem's previously imposed detention order as to Mamdouh Mahmud Salim (12), denying [111-11] motion for leave to file motions as to Mamdouh Mahmud Salim (12), denying [111-12] motion to join [109-1] to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. as to Mamdouh Mahmud Salim (12), denying [109-1] motion to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous as to Mohamed Rashed Daoud Al-'Owhali (4), denying [109- 2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property. as to Mohamed Rashed Daoud Al-'Owhali (4), denying [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts as to Mohamed Rashed Daoud Al- 'Owhali (4), denying [109-4] motion to compel additional discovery as requested by https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 144/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99 as to Mohamed Rashed Daoud Al-'Owhali (4), denying [109-5] motion for Bill of Particulars as to Mohamed Rashed Daoud Al-'Owhali (4), denying [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. as to Mohamed Rashed Daoud Al-'Owhali (4). ... CONCLUSION of Opinion: For the foregoing reasons, all of the motions presently before the Court are denied. The Defendants may file additional motions when they become appropriate. ( Signed on 3/30/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 03/30/2000) 03/30/2000 Filed Memo-Endorsement on Motion for Partial Disqualification of Certain Prosecutors (Document # 119) as to Mohamed Sadeek Odeh, Motion Denied ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 03/30/2000) 03/30/2000 164 Filed Memo-Endorsement on letter addressed to Judge Sand from Attorney Sam A. Schmidt, dated 3/21/00, as to deft Wadih El Hage (1). Mr. Schmidt writes on behalf of deft El-Hage concerning the conditions of confinement and the conduct of the Bureau of Prisons. He requests that Mr. El-Hage be able to publish this letter to the public should he wish to do so; Judge endorsed - Request to publish granted. ( Signed on 3/29/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 03/31/2000) 04/05/2000 165 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 2/16/00 before Judge Sand. (mr) (Entered: 04/05/2000) 04/05/2000 166 TRANSCRIPT of record of proceedings before Judge Leonard B. Sand as to (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz for date of 2/29/00 11:30 a.m. (bw) (Entered: 04/05/2000) 04/11/2000 167 ORDER as to (S6 98 Cr. 1023 - ) Wadih El Hage (1), Fazul Abdullah Mohammed (2), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4), Usama Bin Laden (5), Muhammad Atef (6), Mustafa Mohamed Fadhil (7), Khalfan Mohamed (8), Ahmed Khalfan Ghailani (9), Fahid Mohammed Msalam (10), Sheikh Ahmed Salim Swedan (11), Mamdouh Mahmud Salim (12), Ali Mohamed (13), Ayman Al Zawahiri (14), Khaled Al Fawwaz (15). ... Upon the application of Mary Jo White, U.S. Attorney for the S.D.N.Y., by Patrick J. Fitzgerald, Kenneth M. Karas, Michael J. Garcia and Paul W. Butler, A.U.S.A., and in the absence of objection by the defendants MAMDOUH MAHMUD SALIM, ALI MOHAMED, WADIH EL HAGE, MOHAMED SADEEK ODEH, MOHAMED RASHED DAOUD AL-'OWHALI and KHALFAN KHAMIS MOHAMED, it is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), all time running from 4/11/00, until 9/5/00 (the date set by the Court for the commencement of trial) shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendants in a speedy trial. ( Signed on 4/10/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 04/11/2000) 04/14/2000 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Deft. Al'Owhali present w/attys' Leonard Joy, David Bruck. Ex party conference held and concluded. Deft. cont'd detained. (rag) (Entered: 05/11/2000) 04/18/2000 169 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) (Entered: 04/19/2000) 04/18/2000 168 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 145/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) (Entered: 04/19/2000) 04/18/2000 171 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) (Entered: 04/19/2000) 04/18/2000 172 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) (Entered: 04/19/2000) 04/19/2000 170 ORDER as to (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. ... THIS MATTER having been opened to the Court upon the application of counsel for defendant Mohamed Odeh on behalf of all defendants for authorization to obtain database management and ongoing computerized assistance to the defendants, and counsel having submitted a proposal by AAIM, Inc. dated March 22, 2000 to the Court for review, and the Court having determined that such service is necessary for the preparation of the defense in this case: IT IS ON THIS 18 day of April, 2000 ordered that the proposal submitted by AAIM, Inc. to provide computerized database services to the defense is hereby approved, and that the Office of the Clerk is directed to establish an appropriate system of payment for the implementation of said database management system. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) Modified on 04/19/2000 (Entered: 04/19/2000) 04/20/2000 173 Filed Memo-Endorsement on letter dated 4/18/00 to Judge Sand signed by Sam A. Schmidt as to Usama Bin Laden, requesting authorization of the purchase of 8 transcribing machines....Expenditure authorized. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 04/20/2000) 04/20/2000 174 MEMORANDUM And ORDER as to Mohamed Rashed Daoud Al-'Owhali (S6 98 Cr. 1023 -4). The Defendants are charged with numerous offenses arising out of their alleged involvement in an international terrorist organization led by Defendant Usama Bin Laden ("Bin Laden") and that organization's alleged involvement in the August, 1998 bombings of the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Presently before the Court is Defendant Al-'Owhali's motion to dismiss Count One of the Indictment on the ground that it fails to state an offense. For the reasons set forth in this Memorandum And Order, that motion is denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 04/21/2000) 04/25/2000 175 MOTION by Wadih El Hage (S6 98 Cr. 1023 -1) for the following relief: (1) for an Order for discovery that is necessary for the preparation of Mr. El-Hage's pretrial motions for (i) suppression of evidence seized; (ii) suppression of statements; (iii) suppression of electronic surveillance; (iv) severance; and/or (v) other relief ; and 2) for an Order granting leave to join Mr. El-Hage's co-defts' motions to the extent they benefit him. ; Return date 5/16/00. (Declaration of Joshua L. Dratel in Support, Exhibits 1-4 attached) (bw) (Entered: 04/26/2000) 04/25/2000 176 MEMORANDUM Of Law by Wadih El Hage in support of [175-1] motion (1) for an Order for discovery that is necessary for the preparation of Mr. El-Hage's pretrial motions for (i) suppression of evidence seized; (ii) suppression of statements; (iii) suppression of electronic surveillance; (iv) severance; and/or (v) other relief, [175-2] motion 2) for an Order granting leave to join Mr. El-Hage's co-defts' motions to the extent they benefit him. (bw) (Entered: 04/26/2000) 05/01/2000 177 SEALED DOCUMENT as to Mohamed Sadeek Odeh (af) (Entered: 05/02/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 146/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 05/03/2000 179 ORDER as to Wadih El Hage, that the following additional investigator may be retained by Sam A. Schmidt, counsel for Wadih El Hage, at the stated hourly rate. Metro One Investigations, 4225 Laclede Avenue, St. Louis, MO 63108, 877-533-0010/314-533-0090- fax, Fee: $65/hour. It is hereby further ordered that the above named investigator shall be permitted to file interim vouchers for their services; It is further ordered that the CJA clerk shall prepare the vouchers for the above named investigator, if necessary. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 05/05/2000) 05/04/2000 178 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) (Entered: 05/05/2000) 05/08/2000 186 (S7) SUPERSEDING INDICTMENT (part 1) as to Wadih El Hage (1) count(s) 1sssssss, 2sssssss, 3sssssss, 5sssssss, 6sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Fazul Mohammed (2) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss- 278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Usama Bin Laden (5) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss-278sssss, 279sssss, 280sssss-281sssss, 282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Muhammad Atef (6) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss- 278sssss, 279sssss, 280sssss-281sssss, 282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Mustafa Mohamed Fadhil (7) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss, 11ssss-223ssss, 224ssss-234ssss, 235ssss-275ssss, 276ssss, 277ssss-278ssss, 279ssss, 280ssss-281ssss, 282ssss, 283ssss, 284ssss, 285ssss, 286ssss, Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss, Ahmed Khalfan Ghailani (9) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss, 11ssss-223ssss, 224ssss-234ssss, 235ssss-275ssss, 276ssss, 277ssss-278ssss, 279ssss, 280ssss-281ssss, 282ssss, 283ssss, 284ssss, 285ssss, 286ssss, Fahid Mohammed Msalam (10) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss, 11ssss-223ssss, 224ssss-234ssss, 235ssss-275ssss, 276ssss, 277ssss-278ssss, 279ssss, 280ssss-281ssss, 282ssss, 283ssss, 284ssss, 285ssss, 286ssss, Sheikh Ahmed Salim Swedan (11) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss, 11ssss-223ssss, 224ssss-234ssss, 235ssss-275ssss, 276ssss, 277ssss- 278ssss, 279ssss, 280ssss-281ssss, 282ssss, 283ssss, 284ssss, 285ssss, 286ssss, Mamdouh Mahmud Salim (12) count(s) 1sss, 3sss, 5sss, 6sss, Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss, Ayman Al Zawahiri (14) count(s) 1s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s-223s, 224s-234s, 235s-275s, 276s, 277s-278s, 279s, 280s-281s, 282s, 283s, 284s, 285s, 286s, Khaled Al Fawwaz (15) count(s) 1s, 3s, 5s, 6s (dcap) Modified on 06/01/2000 (Entered: 06/01/2000) 05/08/2000 186 (S7) SUPERSEDING INDICTMENT (Part 2) as to Ibrahim Eidarous (16) count(s) 1, 3, 4, 5, 6, 7, 8, 9, 10, 11-223, 224-234, 235-275, 276, 277-278, 279, 280-281, 282, 283, 284, 285, 286, Adel Abdel Bary (17) count(s) 1, 3, 4, 5, 6, 7, 8, 9, 10, 11-223, 224-234, 235-275, 276, 277-278, 279, 280-281, 282, 283, 284, 285, 286 (dcap) (Entered: 06/01/2000) 05/09/2000 180 Filed Memo-Endorsement on letter addressesd to Judge Sand from Patrick J. Fitzgerald , A.U.S.A., Sih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 147/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Khaled Al Fawwaz, dated 5/8/00. Re: The Government requests until 5/22/00 to file its response to the pending motions. Extension granted to 5/22/00. ( Signed by Judge Leonard B. Sand ); Copies mailed to counsel on 5/9/00. (mb) (Entered: 05/10/2000) 05/11/2000 181 LETTER filed by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali From AUSA Michael J. Garcia, Dated 5/4/00, Addressed to: Mr. Joy Re: death penalty. (mr) (Entered: 05/12/2000) 05/16/2000 182 SEALED DOCUMENT as to Mohamed Sadeek Odeh (afo) (Entered: 05/16/2000) 05/17/2000 183 Filed Memo-Endorsement on letter addressed to Judge Sand from James Roth, Esq., counsel for Ali Mohamed, dated 5/16/00. Re: Request to have the dft. excused from the scheduled conference on 5/23/00. Application denied. No sound basis has been advanced to waive dft's. presence at the arraignment. Matters may well arise at the conference which will either require the dft's. presence or at a minimum make such presence helpful and appropiate. arraignment ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) (Entered: 05/19/2000) 05/22/2000 184 SEALED DOCUMENT as to Ali Mohamed (afo) (Entered: 05/23/2000) 05/23/2000 Arraignment as to Mamdouh Mahmud Salim, Ali Mohamed, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held Mamdouh Mahmud Salim (12) count(s) 1sss, 3sss, 5sss, 6sss, Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss, Wadih El Hage (1) count(s) 1sssssss, 2sssssss, 3sssssss, 5sssssss, 6sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss- 278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss before Judge Leonard B. Sand. Defendant Salim present with attorneys Paul J. McAllisterand Charles D. Adler. Defendant arraigned on S(7) indictment and pleads not guilty on counts 1,3,5 and 6 only as charged. Defendant Ali Mohammed present with attorneys James Roth and Lloyd Epstein, and defendant is arraigned on S(7) indictment and pleads not guilty on counts 1,2,3,5 and 6 as charged. Defendant Wadih El Hage present with attorneys Sam A. Schmidt and Joshua Dratel and defendant arraigned on S97) indictment and pleads not guilty on counts 1,2,3,5 and 6, and 287 thru 308 as charged. Defendant Mohamed Sadeek Odeh present with attorneys Michael Young, Carl J. Herman and Sandra A. Babcock and defendant arraigned and pleads plead not guilty plea on counts 1,3 thru 286 as charged. Defendant Al-Owhali present with attorneys Leonard Joy, David Bruck and Robert Tucker and defendant arraigned and pleads not guilty on counts 1, and 3 thru 286 as charged. Defendant Khalfan Khamis Mohamed present with attorneys Jeremy Schneider and David Stern and defendant is arraigned on S(7) indictment and pleads not guilty on counts 1, 3 thru 6,8,10 224 thru 234, 277, 278,279,283, 284, and 286 as charged. By 5/30/00 defendant's notify court with respect to whether defense will submit written reply to government's opposition to defense discovery motion and whether defense will submit CIPA motions and if so, dates of submission by 6/1/00 releasing manes and addresses of jurors and by 6/1/00, defendant's response. Defendant's severence motins due approximately by 6/12/00. Other defendants motions for suppression; FISA; due process; extradiction) by 6/15/00. Government to file by 6/17/00. By 6/19/00 government's response to defendants severence motions (if any) by approximately 6/26/00. Government's opposition to defendant's 6/15/00 motions by 7/17/00, and defendant's Al-Owhali, Odeh, K.K> Mohammed response to governments 6/17/00 notice of aggravting factors, and perhaps other death-penalty related motions also by 7/7/00. Defendant's reply to government's oppositions to defendants' motions by 7/31/00. Parties to submit joint jury questionaire on 8/15/00. Trial date se-set to 1/31/2001. All defendants' continued detained. (mr) (Entered: 06/01/2000) 05/23/2000 PLEA entered by Mamdouh Mahmud Salim, Ali Mohamed, Wadih El Hage, Mohamed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 148/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed . Court accepts plea. Not Guilty: Mamdouh Mahmud Salim (12) count(s) 1sss, 3sss, 5sss, 6sss, Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss, Wadih El Hage (1) count(s) 1sssssss, 2sssssss, 3sssssss, 5sssssss, 6sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss (Terminated motions - ) (mr) (Entered: 06/01/2000) 05/26/2000 185 Filed Memo-Endorsement on letter addressed to Judge Sand from Attorney Sam A. Schmidt, dated 5/22/00, as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. ... Mr. Schmidt writes to request that the Judge authorizes the purchase of the additional six Marantz PMD-201 machines and foot pedals in order to transcribe all the cassettes (of the recently declassified intercepted conversations in Kenya) as soon as possible; Judge endorsed - Authorization granted. ( Signed on 5/25/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 05/30/2000) 05/31/2000 187 Reply memorandum of Law by Wadih El Hage to in support of ` [175-1] motion (1) for an Order for discovery that is necessary for the preparation of Mr. El-Hage's pretrial motions for (i) suppression of evidence seized; (ii) suppression of statements; (iii) suppression of electronic surveillance; (iv) severance; and/or (v) other relief (mb) (Entered: 06/01/2000) 05/31/2000 Pre-Trial Conference as to Mohamed Sadeek Odeh held. Dft. present with atty. Michael Young and Carlos J. Herman also present Anthony L. Ricco, Esq. (AUSA Patrick Fitzgerald, AUSA Ken Karas, AUSA Robert Cramer present. Dft. Odeh application to have Michael Young relieved as counsel is granted and attorney L. Ricco is appointed and assigned as counsel in case pursuant to CJA anss a part of defense in case, Edward D. Wilford, Esq. as co-counsel to anthony Ricco. Dft. continued detained.....Sand,J. (mb) (Entered: 06/02/2000) 05/31/2000 189 Notice of Appearance for Mohamed Sadeek Odeh by C.J.A Attorney Edward D. Wilford. (mb) Modified on 06/02/2000 (Entered: 06/02/2000) 05/31/2000 190 Notice of Appearance for Mohamed Sadeek Odeh by CJA Attorney Anthony L. Ricco. (mb) (Entered: 06/02/2000) 05/31/2000 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mohamed Sadeek Odeh : Appointment of Attorney Anthony L. Ricco ( Signed by Judge Leonard B. Sand ) (df) (Entered: 10/04/2000) 05/31/2000 Attorney update in case as to Mohamed Sadeek Odeh (3). Attorney Michael Alan Young terminated. (bw) (Entered: 10/10/2012) 06/01/2000 188 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Time excluded from 9/5/00 until 1/3/01 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 06/02/2000) 06/02/2000 191 ORDER as to Mohamed Sadeek Odeh, substituting attorney terminated attorney Michael R. Young for Mohamed Sadeek Odeh Added Anthony L. Ricco and co-counsel Edward D. Wilford. ( Signed by Judge Leonard B. Sand ). (mb) (Entered: 06/07/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 149/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 06/02/2000 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Defendant Mohamed Rashed Daou Al-Owhali present with attorneys Robert Tucker and David I. Bruck. Arabic interpreter Andre J. Codouni and Kamal S. Afouni, and court reporter Kathy Klepfer also present. Hearing begunas to defendant's application to have his attorneys removed ans have new counsel appointed. Hearing adjourned until 6/5/00, at 2:00 pm, in courtroom 519, 40 Foley square....Fox, F.N., United States Magistrate Judge. (mr) (Entered: 06/27/2000) 06/05/2000 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Defendant Mohamed Rashed Daoud Al-Owhali present attorneys Robert Tucker and David I. Bruck, Arabic interpreters Andre J. Codouni and Mohsen Shawarby and court reporter Martha Hess also present. Hearing continued as to defendant's application to have his attorneys removed and have new counsel appointed. Hearing concluded, Decision resereved. (mr) (Entered: 06/27/2000) 06/07/2000 192 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 06/07/2000) 06/07/2000 225 MOTION by Ali Mohamed to sever the defendant's trial of certain co-defendants. , and Granting counsel for the defendant a reasonable amount of time to make such additional motions as are predicated upon the government's response to and necessitated by the court decision on the instant motion. (mr) (Entered: 06/28/2000) 06/08/2000 193 SEALED DOCUMENT as to Khalfan Khamis Mohamed (afo) (Entered: 06/08/2000) 06/08/2000 194 ARREST WARRANT issued as to Sheikh Ahmed Salim Swedan (S7 98 Cr. 1023 -11). (bw) (Entered: 06/09/2000) 06/08/2000 195 ARREST WARRANT issued as to Fahid Mohammed Msalam (S7 98 Cr. 1023 -10). (bw) (Entered: 06/09/2000) 06/08/2000 196 ARREST WARRANT issued as to Ahmed Khalfan Ghailani (S7 98 Cr. 1023 -9). (bw) (Entered: 06/09/2000) 06/08/2000 197 ARREST WARRANT issued as to Mustafa Mohamed Fadhil (S7 98 Cr. 1023 -7). (bw) (Entered: 06/09/2000) 06/08/2000 198 ARREST WARRANT issued as to Fazul Abdullah Mohammed (S7 98 Cr. 1023 -2). (bw) (Entered: 06/09/2000) 06/08/2000 199 ARREST WARRANT issued as to Adel Abdel Bary (S7 98 Cr. 1023 -17). (bw) (Entered: 06/09/2000) 06/08/2000 200 ARREST WARRANT issued as to Ibrahim Eidarous (S7 98 Cr. 1023 -16). (bw) (Entered: 06/09/2000) 06/08/2000 201 ARREST WARRANT issued as to Khaled Al Fawwaz (S7 98 Cr. 1023 -15). (bw) (Entered: 06/09/2000) 06/08/2000 202 ARREST WARRANT issued as to Ayman Al Zawahiri (S7 98 Cr. 1023 -14). (bw) (Entered: 06/09/2000) 06/08/2000 203 ARREST WARRANT issued as to Muhammad Atef (S7 98 Cr. 1023 -6). (bw) (Entered: 06/09/2000) 06/08/2000 204 ARREST WARRANT issued as to Usama Bin Laden (S7 98 Cr. 1023 -5). (bw) (Entered: 06/09/2000) 06/12/2000 205 TRANSCRIPT of record of proceedings as to Mohamed Rashed Daoud Al-'Owhali for dates of 4/14/00 before Judge Sand. (mr) (Entered: 06/12/2000) 06/12/2000 213 Filed declaration of David A. Ruhnke, Esquire, in opposition to Government's motions for an anonymous protected jury and to protect the addresses of jurors. (rag) (Entered: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 150/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 06/20/2000) 06/12/2000 214 MEMORANDUM OF LAW on behalf of Khalfan Khamis Mohamed in opposition to government's motions for an anonymous protected jury and to protect the addresses of jurors. (rag) (Entered: 06/20/2000) 06/13/2000 206 MOTION by Wadih El Hage for discovery (mr) (Entered: 06/14/2000) 06/13/2000 207 REDACTED MEMORANDUM by Wadih El Hage in support of [206-1] motion for discovery (mr) (Entered: 06/14/2000) 06/13/2000 208 REDACTED REPLY MEMORANDUM by Wadih El Hage in support of [206-1] motion for discovery (mr) (Entered: 06/14/2000) 06/13/2000 209 Filed Memo-Endorsement on letter to Judge Sand dtd. June 8, 2000 from Sam A. Schmidt as to Usama Bin Laden, Acquisition of 5 more translators is authorized ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 06/15/2000) 06/13/2000 210 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 06/15/2000) 06/13/2000 220 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 06/22/2000) 06/13/2000 221 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 06/22/2000) 06/15/2000 211 SEALED DOCUMENT as to Mohamed Rashed Daoud Al-'Owhali (af) (Entered: 06/16/2000) 06/15/2000 212 MOTION by Mamdouh Mahmud Salim for relief consisting of the following: A) An Order pursuant to Rule 12(b)(3) of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and directing a pre-trial hearing upon the motion ; and B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so ; and C) An Order granting Mr. Salim leave to join in those applications and arguments of codefendants arguably related and favorable to him ; and D) An Order permitting Mr. Salim to make such further motions as necessary. E) An Order for such order and further relief as the Court deems just and proper. Return date to be set by the Court. (bw) (Entered: 06/19/2000) 06/15/2000 216 MEMORANDUM OF POINTS AND AUTHORITIES ON BEHALF OF MAMDOUH MAHMUD SALIM in support of [212-1] motion A) An Order pursuant to Rule 12(b)(3) of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and directing a pre-trial hearing upon the motion, [212-2] motion B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so, [212-3] motion C) An Order granting Mr. Salim leave to join in those applications and arguments of codefendants arguably related and favorable to him, [212-4] motion D) An Order permitting Mr. Salim to make such https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 151/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 further motions as necessary. E) An Order for such order and further relief as the Court deems just and proper. (rag) (Entered: 06/21/2000) 06/19/2000 218 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 06/22/2000) 06/20/2000 217 MANDATE OF USCA (certified copy) as to Wadih El Hage Re: [129-1] appeal affirming judgment/order (rag) (Entered: 06/21/2000) 06/21/2000 215 ORDER as to Mohamed Sadeek Odeh, This matter having been opened to the Court upon the application of counsel for defendant Mohamed Odeh for the appointment of Paul Muite, Esq., as an attorney/research assistant in this matter, and the Court having reviewed the documents submitted in behalf of this application, and for good cause; In is on 19th day oof June, 2000 ordered that Paul Muite, esq. be appointed as an attorney/research assistant on behalf of the defense, with authorization to be paid at the $100.00 per hour for work performed in relation to this case, nunc pro tunc to 5/5/00. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 06/21/2000) 06/21/2000 219 ORDER as to Mohamed Sadeek Odeh, that Carl J. Herman, Esq. shall continue to represent Mohamed Odeh at the rate of $125.00 per hour for work performed in relation to this case. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 06/22/2000) 06/22/2000 222 NOTICE of Appearance for Mohamed Rashed Daoud Al-'Owhali by Attorney Frederick H. Cohen (rag) (Entered: 06/27/2000) 06/22/2000 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Defendant Al-Owhali present with attorneys David Bruck and Robert Tucker and Leonard Joy via telephone. Interpreter Mohsen Shawarby (Arabic) present. Court reporter Martha Hess present. Ex Parte conference held and concluded. Defendant Al-Owhali's application to replace his defense team is granted and Frederick Cohn, Esq. is appointed pursuant to CJA as new cousenl in case. Defendant continued detained. (mr) (Entered: 06/27/2000) 06/22/2000 CJA 30 DEATH PENALTY PROCEEDINGS: APPOINTMENT OF AND AUTORITY TO PAY COURT APPOINTED COUNSEL as to Mohamed Rashed Daoud Al-'Owhali : Appointment of Attorney Frederick H. Cohn ( Signed by Judge Leonard B. Sand ) (df) (Entered: 08/30/2000) 06/26/2000 228 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 06/30/2000) 06/26/2000 229 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 06/30/2000) 06/26/2000 CJA 30 DEATH PENALTY PROCEEDINGS: APPOINTMENT OF AND AUTORITY TO PAY COURT APPOINTED COUNSEL as to Mohamed Rashed Daoud Al-'Owhali : Appointment of Attorney David Preston Baugh ( Signed by Judge Leonard B. Sand ) (df) (Entered: 08/30/2000) 06/27/2000 223 ORDER as to Mohamed Rashed Daoud Al-'Owhali, The Legal Aid attorney assigned to this case Leonard Joy and Robert Tucker Esq are ordered substituted and the representation of the defendant in the above captioned matter is assigned to Frederick H. Cohn. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 06/27/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 152/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 06/27/2000 224 ORDER as to Mohamed Rashed Daoud Al-'Owhali. The C.J.A. attorney assigned to this case David Bruck (death penalty expert) is hereby ordered substituted and the representation of the defendant in the above captioned matter is assigned to David Baugh of Richmond, Virginia (CJA). ( Signed on 6/26/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 06/27/2000) 06/27/2000 226 MEMORANDUM by Ali Mohamed in support of [225-1] motion to sever the defendant's trial of certain co-defendants., [225-2] motion Granting counsel for the defendant a reasonable amount of time to make such additional motions as are predicated upon the government's response to and necessitated by the court decision on the instant motion. (mr) (Entered: 06/28/2000) 06/27/2000 227 NOTICE of Intent to seek the Death Penalty signed by U.S. attorney Mary Jo White as to Mohamed Rashed Daoud Al-'Owhali (mr) (Entered: 06/28/2000) 06/28/2000 230 Notice of Intent To Seek The Death Penalty by U.S.A. as to Khalfan Khamis Mohamed. (bw) (Entered: 07/05/2000) 07/06/2000 231 ORDER as to Mohamed Sadeek Odeh, that Sandra L. Babcock shall continue to represent Mohamed Odeh at the rate of $125 per hour for work performed in relation to this case. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 07/10/2000) 07/07/2000 232 MOTION by Mohamed Sadeek Odeh to suppress all statements made by Mr. Odeh to the Pakistani authorities. , to suppress all statements made by Mr. Odeh to the Kenyan authorities. , to suppress all evidence seized during a search of Mr. Odeh's residence in Witu Kenya. (mr) (Entered: 07/10/2000) 07/07/2000 233 MEMORANDUM by Mohamed Sadeek Odeh in support of [232-1] motion to suppress all statements made by Mr. Odeh to the Pakistani authorities., [232-2] motion to suppress all statements made by Mr. Odeh to the Kenyan authorities., [232-3] motion to suppress all evidence seized during a search of Mr. Odeh's residence in Witu Kenya. (mr) (Entered: 07/10/2000) 07/10/2000 234 TRANSCRIPT of record of proceedings before Judge Leonard B. Sand as to Mamdouh Mahmud Salim, Ali Mohamed, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for date of May 23, 2000 10:20 a.m. (bw) (Entered: 07/11/2000) 07/10/2000 236 TRANSCRIPT of record of proceedings as to Mohamed Sadeek Odeh for dates of 5/23/00 before Judge Pitman. (mr) (Entered: 07/12/2000) 07/11/2000 235 TRANSCRIPT of record of proceedings as to Mohamed Sadeek Odeh for dates of 5/31/00 before Judge Sand. (rag) (Entered: 07/11/2000) 07/13/2000 237 MOTION by Ali Mohamed in support of dft's. motion to suppress evidence seized pursuant to Foreign Intelligence Surveillance Act (FISA). (mb) (Entered: 07/14/2000) 07/13/2000 238 Memorandum of Law by Ali Mohamed in support of [237-1] motion in support of dft's. motion to suppress evidence seized pursuant to Foreign Intelligence Surveillance Act (FISA). (mb) (Entered: 07/14/2000) 07/13/2000 239 Redacted exhibits to declaration of Lloyd Epstein, esq. in support of dft. Ali Mohamed's motion to suppress evidence seized pursuant to the Foreign Intelligence Surveillance Act ("FISA"). (mb) (Entered: 07/14/2000) 07/25/2000 240 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... IT IS SO ORDERED that all approved Swahili and Arabic translators of tape recorded conversations receive $75 an hour in compensation for the transcription from Arabic and Swahili in English and necessary expenses, such compensation considered to be reasonable for such services; IT IS FURTHER ORDERED that said translators may submit interim vouchers https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 153/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 for full payment. ( Signed on 7/24/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 07/25/2000) 08/01/2000 Filed Memo-Endorsement on as to Mohamed Sadeek Odeh withdrawing [232-1] motion to suppress all statements made by Mr. Odeh to the Pakistani authorities. as to Mohamed Sadeek Odeh (3), withdrawing [232-2] motion to suppress all statements made by Mr. Odeh to the Kenyan authorities. as to Mohamed Sadeek Odeh (3), withdrawing [232-3] motion to suppress all evidence seized during a search of Mr. Odeh's residence in Witu Kenya. as to Mohamed Sadeek Odeh (3). This action is taken without prejudice to the right of counsel for Mr. Odeh to file a renewed Motion to Suppress consistent with Mr. Odeh's statements in open court today. The Court notes in this regard Mr. Ricco's statement that assurances have been given to Mr. Odeh that with respect to this subject matter nothing will be submitted to the Court that does not have his express approval. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 08/04/2000) 08/02/2000 241 SEALED DOCUMENT (afo) (Entered: 08/02/2000) 08/02/2000 242 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 08/04/2000) 08/02/2000 Pre-Trial Conference as to Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4), Khalfan Khamis Mohamed (8), Mamdouh Mahmud Salim (12), Ali Mohamed (13) held. ... Deft AL-'OWHALI present w/atty Frederick H. Cohn. Deft ODEH present w/attys Anthony Ricco, Edward Wilford and Carl J. Herman. Deft EL HAGE present w/attys Sam Schmidt and Joshua Dratel. Deft SALIM present w/attys Paul J. McAllister, Charles Adler and George Goltzer. Deft ALI MOHAMED present w/atty James Roth. Deft KHALFAN KHAMIS MOHAMED present w/attys Jeremy Schneider, David Stern and David Ruhnke. AUSAs Patrick Fitzerald, Ken Karas, Michael Garcia, Paul Butler and Robert Cramer. Arabic Interpreter Andre J. Codouni, Swahili Interpreter Laura Black. Pretrial Conference and oral argument on severance motions held. Defts El Hage, Salim, and Ali Mohamed motions for severance from trial are denied without prejudice to renewal. Trial will be with a single jury of 12 and 6 alternatives. Court will meet w/attys and Jury Commissioner within (45) days from today and parties to submitt a proposed joint Jury questionairre. Suppression Hearing for deft Salim to commence 9/12/00 at 9:30 a.m. Gov't to respond by 8/21/00 to suppression motions of El Hage and Ali Mohamed. All defts' continued detained. ( Held before Judge Sand ) (bw) Modified on 08/08/2000 (Entered: 08/08/2000) 08/02/2000 Suppression hearing as to Mamdouh Mahmud Salim set at 9:30 a.m. 9/12/00. (bw) (Entered: 08/08/2000) 08/02/2000 ORAL ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, Mamdouh Mahmud Salim, Ali Mohamed. ... Denying [212-2] motion B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so as to Mamdouh Mahmud Salim (12), denying [225-1] motion to sever the defendant's trial of certain co-defendants as to Ali Mohamed (13); and SET scheduling order deadlines: Response to suppression motions of defts El Hage and Ali Mohamed deadline set to 8/21/00 for U.S.A. ( Entered by Judge Leonard B. Sand ) (bw) (Entered: 08/08/2000) 08/03/2000 243 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 08/04/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 154/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 08/17/2000 244 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (afo) (Entered: 08/17/2000) 08/17/2000 245 MEMORANDUM OPINION # 84378 as to Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, The severence motions filed by defendant's Salim, El Hage, and Mohamed are denied. The court will proceed with a single trial of all six defendants, before a single jury, on 1/3/01. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 08/18/2000) 08/31/2000 246 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 09/06/2000) 09/07/2000 247 LETTER addressed to Judge Sand from Attorney Paul J. McAllister, dated 9/6/00, filed by deft Mamdouh Mahmud Salim Re: Mr. McAllister writes in reply to the Government's response to Mr. Salim's motion to suppress the statements he (Mr. Salim) allegedly made to American and German authorities in Germany. (bw) (Entered: 09/08/2000) 09/08/2000 248 Filed Memo-Endorsement on letter addressed to Judge Sand from attorney David A. Ruhnke, dated 9/6/00, as to deft Khalfan Khamis Mohamed. Mr. Ruhnke writes to request that the date to file motions (addressed to the death-penalty aspects of this case) be extended by 14 days to 10/2/00; Judge endorsed - Extension granted. No applications for further extension will be entertained. ( Signed on 9/7/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 09/08/2000) 09/11/2000 249 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... This Court has today granted an application on consent to adjourn certain pre-trial motions of defts Wadih el Hage and Ali Mohamed. The application for adjournment was granted subject to the following caveat applicable to all counsel. This Court has heretofore routinely granted applications for adjournments on consent. It has also granted virtually all applications by defts' counsel for additional support personnel and resources. We note, however, that only three full months remain before the date upon which this case is scheduled to go to trial: January 3, 2001. The Court's resolve to commence trial on that date is firm. Accordingly, regardless of consent, this Court will deny all applications for adjournment of previously scheduled filings and proceedings unless: (a) it is clear that the adjournment is necessitated by conditions totally beyond control of the parties -- including all U.S. Government agencies. (Applications for adjournments predicated on counsel's involvement in other cases are inappropriate as inconsistent with commitments counsel previously made to this Court); (b) it is clear that when an adjournment request is predicated on the fact that additional material has not yet been furnished by an entity not under the control of any party, that the proceedings sought to be adjourned cannot usefully go forward without the missing material, subject to being revisited at a later date.; If, in the opinion of the party seeking adjournment, granting of the adjournment may jeopardize or adversely impact on the trial starting date, the application for adjournment shall so state. Because of all of the circumstances attending this case, including especially the defts' conditions of confinement, this Court will treat all further applications as being made on the eve of trial. Copies of this Order are being sent to the U.S. Marshal and the Jury Administrator so that they may make appropriate plans. This Court appreciates the diligence, dedication and cooperation which all counsel have heretofore displayed and, the Court is confident, will continue to display in

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 155/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 this litigation. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) Modified on 09/12/2000 (Entered: 09/12/2000) 09/11/2000 250 ORDER as to Mohamed Rashed Daoud Al-'Owhali, Ordered, that Mounir Khaddar is assigned to be full time interpreter for the dft. at the rate of $1,500 per week, nunc pro tunc to 8/30/00 when he actually commenced work, and that he submit voucher bi-weekly therefore or as directed by the CJA Clerk of the U.S.D.C. for the SDNY. This appointment shall expire on 12/31/00 unless renewed by order of this Court. ( Signed by Judge Leonard B. Sand ). (mb) (Entered: 09/12/2000) 09/12/2000 251 Filed Memo-Endorsement on letter dated 9/11/00 to Judge Sand signed by AUSA Kenneth M. Karas as to Wadih El Hage, Ali Mohamed, requesting a revision of the schedule related to the pending pre-trial motions of defendant Wadih el Hage and Ali Mohomed....Granted on consent but the see order issued this date. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 09/12/2000) 09/15/2000 252 ORDER as to Wadih El Hage, that Joseph Guastaferro is authorized to spend an additional one hundred and thirty (130) hours of time on this matter and necesaary expenses. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 09/18/2000) 09/22/2000 253 Defendant Khalfan Khamis Mohamed's Memorandum regarding Proposed Jury-Selection Procedures. (bw) (Entered: 09/25/2000) 09/26/2000 254 ORDER as to Wadih El Hage. For the reasons set forth in open court and to be set forth more fully in an Opinion to follow, the Motion of defendant Wadih el Hage, dated September 13, 2000, to quash grand jury subpoenas and for other relief, is denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 09/27/2000) 09/26/2000 Status conference as to Wadih El Hage held. Defendant El Hage present with attorney's Sam Schmidt and Joshua Dratel. AUSAs Patrick Fitzgerald, Ken Karas, Andrew McCarthy, Paul Butler, Michael Garcia present. Also present Paul McAllister, Frederick Cohn, Chalres Adler, James Roth, and David Stern Esqs. Hearing begun on defendant El Hage motion to quash Grand Jury Supeanoas and to delay grand jury's investigation, and concluded. Motion denied. Defendant continued detained. (mr) (Entered: 10/18/2000) 09/27/2000 265 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 10/13/2000) 09/28/2000 Pre-Trial Conference as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary held...... Conference held as to issue of jury voire dire and Juror questionaires. AUSA Patrick Fitzgerald, Michael Garcia, Paul Butler, and AUSA Andrew McCarthy prsent. Arabic Interpreter Andre Coudouni. Jury Adminstrator Robert Rogers present. Deft Al-'Owhali present w/attys Frederick Cohn and Laura Gasiorowski. NO OTHER DEFT PRESENT. Attys' Anthony Ricco and Edward Wilford present for deft Odeh. Attys' Carl J. Herman and Sandra Babeock also present for deft Odeh. Attys' Sam Schmidt and Joshua Dratel for deft El Hage. Attys' Paul J. McAllister and Charles D. Adler present for deft Salim. Attys' James Roth and Lloyd Epstein present for deft Ali Mohamed. Attys' Jeremy Schneider, David Stern and David Rukhnke present for deft Khalfan Khamis Mohamed. Deft Al- 'Owhali continued detained. ( Held before Judge Sand ) (bw) (Entered: 10/03/2000) 09/28/2000 255 Filed Court Exhibit A. (Excerpt from proceeding held September 28, 2000 ex parte on application of Sandra A. Babcock, Esq. to withdraw as counsel.). (rag) (Entered: 10/03/2000) 10/02/2000 307 Brief and Aooendix in support of Khalfan Mohamed's Motions regardingthe Death Penalty https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 156/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 as to Khalfan Khamis Mohamed. (mr) (Entered: 11/21/2000) 10/02/2000 309 MOTION by Khalfan Khamis Mohamed to strike the Notice of Intention to Seek the Death Penalty. , to strike the death -notice on the ground that only a grang jury may find or allege elements of capital murder. , to strike from the death-notice certain of the government's non-statutory aggravating factors. , to strike the non-statutory aggravating factors on the ground that congress may not delete to the Executive Branch the legislative finction of designating aggravting factors in a comprehensive death-penalty scheme. , to strike the non-statutory aggravating factors without also providing for preportionality review. , to strike the death-notice because the relaxed evidentiary standards available to the government at a penalty-phase enders any penalty-findings unreliable. , to strike the death penalty on the grounds that Congress, by removing "plain-error" from the scope of appellate reveiw permissable in a case where a verdict of death has been returned, has failed to provide for meaningful appellate review. , for Bill of Particulars , to strike the death-notice in the ground that, by pursuing Mr. Mohamed's execution. , and to strike the death-notice on the grounds that he death penalty. (mr) (Entered: 11/21/2000) 10/03/2000 260 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 10/05/2000) 10/04/2000 256 SEALED DOCUMENT as to Mohamed Sadeek Odeh (af) (Entered: 10/04/2000) 10/04/2000 257 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 10/04/2000) 10/04/2000 258 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 10/05/2000) 10/04/2000 264 SEALED DOCUMENT as to Wadih El Hage (af) (Entered: 10/13/2000) 10/05/2000 259 OPINION # 84657 as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... The Defendants are charged with numerous offenses arising out of their alleged participation in an international terrorist organization led by Defendant Usama Bin Laden and that organization's alleged involvement in the August 1998 bombings of the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Presently before the Court are Defendant El- Hage's motions (1) to quash any outstanding grand jury subpoenas issued to Farid Adlouni, Khadar Ibrahim, Khalil Zaidan, Mustafa Elnore and Moataz al-Hallak and (2) to suppress, or alternatively, to provide a copy of the grand jury testimony of Moataz al-Hallak. For the reasons set forth in this Opinion, Mr. El-Hage's motions are denied without prejudice to renewal. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 10/05/2000) 10/05/2000 261 SEALED DOCUMENT as to Mohamed Sadeek Odeh (af) (Entered: 10/05/2000) 10/10/2000 262 SEALED DOCUMENT as to Mohamed Rashed Daoud Al-'Owhali (af) (Entered: 10/10/2000) 10/10/2000 263 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 10/10/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 157/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 10/10/2000 Status conference as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary held. All counel regarding viore dire matters and finalizing the proposed jury questionaire. No defendant's present. AUSAs Patrick Fitzgerald, Paul Butler, Michael Garcia and Andrew McCarthy present. Carl j. Herman, Esq. present for defendant Odeh. Frederick Cohn, Esq is for defendant Al-Owhali, Sam Schmidt and Joshua Dratel present El Hage. Paul McCallister and Charles Adler Esqs, present for defendant Salim, James Roth and Lloyd Epstein present for defendant Ali Mohomed. Jeremy Roth and Lloyd Epstein present. for defendant Ali Mohamed, Jeremy Schneider, David Stern and David Ruhke, Esqs present. fir defendant Khalfan Khamis Mohammed. Conference concluded. (mr) (Entered: 10/18/2000) 10/16/2000 266 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage for dates of 8/24/00. (lf) (Entered: 10/16/2000) 10/16/2000 267 TRANSCRIPT of record of proceedings before Judge Sand as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Wadih El Hage, Ali Mohamed, Khalfan Khamis Mohamed for dates of 8/2/00. (lf) (Entered: 10/16/2000) 10/16/2000 268 TRANSCRIPT of record of proceedings before Judge Sand as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Wadih El Hage, Mamdouh Mahmud Salim, Ali Mohamed, Khalfan Khamis Mohamed for dates of 8/2/00. (lf) (Entered: 10/16/2000) 10/16/2000 269 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 10/16/2000) 10/16/2000 270 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 10/18/2000) 10/18/2000 271 SEALED DOCUMENT as to Usama Bin Laden (da) (Entered: 10/20/2000) 10/18/2000 272 SEALED DOCUMENT as to Usama Bin Laden (da) (Entered: 10/20/2000) 10/18/2000 273 SEALED DOCUMENT as to Mohamed Sadeek Odeh (da) (Entered: 10/20/2000) 10/18/2000 Status conference as to Mamdouh Mahmud Salim held. Defendant Salim present with attorneys' Paul J. McAllister and Charles Adler. AUSA Ken Kavas and Michael Garcia, Arabic interpreters (Andre Codouni and Ariz N. Ismail). Suppression hearing begum on defendant's motion to supress statements allegedly made to American and German authorities in Germany. (mr) (Entered: 10/23/2000) 10/18/2000 278 SEALED DOCUMENT as to Usama Bin Laden (da) (Entered: 10/31/2000) 10/18/2000 279 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 10/31/2000) 10/19/2000 Status conference as to Mamdouh Mahmud Salim held. (mr) (Entered: 10/23/2000) 10/20/2000 274 Defendant's acknowledgment of rights regarding guilty plea by Ali Mohamed (rag) (Entered: 10/20/2000) 10/20/2000 Change of Plea Hearing as to Ali Mohamed held. Deft. Ali Mohamed present w/attys' James Roth and Lloyd Epstein. AUSA'S Patrick Fitgerald, Ken Karas, Paul Butler, Michael Garcia and Andrew McCarthy. Deft. Ali Mohamed withdraws his prior plea of not guilty and pleads guilty on each of counts 1,2,3,5 and 6 as charged. PSI ordered. Sentence July 23, 2001 at 9:30-Control date. Deft. cont'd detained. (rag) (Entered: 10/20/2000) 10/20/2000 Change of Not Guilty Plea to Guilty Plea by Ali Mohamed Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss (rag) (Entered: 10/20/2000) 10/20/2000 PLEA entered by Ali Mohamed . Court accepts plea. Guilty: Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss (Terminated motions - terminating [237-1] motion in support of dft's. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 158/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 motion to suppress evidence seized pursuant to Foreign Intelligence Surveillance Act (FISA). as to Ali Mohamed (1), terminating [225-2] motion Granting counsel for the defendant a reasonable amount of time to make such additional motions as are predicated upon the government's response to and necessitated by the court decision on the instant motion. as to Ali Mohamed (13) ) (rag) (Entered: 10/20/2000) 10/20/2000 Court Orders pre-sentence investigation as to Ali Mohamed (rag) (Entered: 10/20/2000) 10/20/2000 Status conference as to Mamdouh Mahmud Salim held. Hearing continued and conlcuded. Post hearing memorandum by both sides on or before 11/3/00. Decision reserved at that time. Defent continued detained. (mr) Modified on 10/24/2000 (Entered: 10/23/2000) 10/20/2000 275 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 10/23/2000) 10/23/2000 276 SEALED DOCUMENT as to Ali Mohamed (afo) (Entered: 10/23/2000) 10/23/2000 277 SEALED DOCUMENT as to Khalfan Khamis Mohamed (af) (Entered: 10/26/2000) 10/24/2000 Change of Plea Hearing as to Wadih El Hage held. Defendant Wadih El Hage present with attorneys Sam Schmidt and Joshua Dratel. AUSAs Patrick Fitzgerald, Paul Butler, and Marcia Garcia present. Defendant withdrws his previous plea of not guilty and pleads guilt on counts 1,2,3,5,6, 287 thru 308 as charged. Court rejects plea. Plea not accepted. Defendant continued detained. (mr) Modified on 01/09/2001 (Entered: 10/25/2000) 10/31/2000 280 ORDER as to Mamdouh Mahmud Salim. The Court has received a Memorandum from Magistrate Judge Douglas F. Eaton to whom this Court referred some matters relating to Mamdouh Mahmud Salim's representation in this suit. In light of that Memorandum, no further action by this Court is necessary or appropriate. Application for appointment of new counsel is denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 11/01/2000) 11/01/2000 281 ORDER as to Mamdouh Mahmud Salim, Order and direct Warden Parks to permit Mr. Salim to telephone or write Mr.Tiger ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 11/02/2000) 11/01/2000 285 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 11/03/2000) 11/01/2000 286 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 11/03/2000) 11/01/2000 287 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 11/03/2000) 11/02/2000 282 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/02/2000) 11/02/2000 283 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 159/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/02/2000) 11/02/2000 465 (S8) SUPERSEDING INFORMATION as to L'Houssiane Kherchtou (22) count(s) 1 (rag) (Entered: 03/08/2001) 11/02/2000 466 WAIVER OF INDICTMENT by L'Houssiane Kherchtou (rag) (Entered: 03/08/2001) 11/02/2000 First Appearance as to L'Houssiane Kherchtou held (rag) (Entered: 03/08/2001) 11/02/2000 Arraignment as to L'Houssiane Kherchtou held L'Houssiane Kherchtou (22) count(s) 1 before Judge Leonard B. Sand. Deft. L'Houssiane Kherchtou present w/atty Thomas Dunn. AUSA Patrick Fitzgerald and Ken Karas. Deft. signs Waiver of Indictment. Deft. pleads guilty on count 1 of Superseding Information as charged. Court accepts plea. PSI not ordered at this time. Sentence July 23, 2001-a control date only. Deft. cont'd detained. (rag) (Entered: 03/08/2001) 11/02/2000 PLEA entered by L'Houssiane Kherchtou . Court accepts plea. Guilty: L'Houssiane Kherchtou (22) count(s) 1 (rag) (Entered: 03/08/2001) 11/02/2000 467 Defendant's acknowledgment of rights regarding guilty plea. by L'Houssiane Kherchtou (rag) (Entered: 03/08/2001) 11/03/2000 284 SEALED DOCUMENT as to Usama Bin Laden (af) (Entered: 11/03/2000) 11/06/2000 288 RESPONSE by U.S.A. re [212-1] motion A) An Order pursuant to Rule 12(b)(3) of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and directing a pre- trial hearing upon the motion as to Mamdouh Mahmud Salim (sl) (Entered: 11/06/2000) 11/06/2000 289 MEMORANDUM by Mamdouh Mahmud Salim in support of [212-1] motion A) An Order pursuant to Rule 12(b)(3) of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and directing a pre-trial hearing upon the motion (sl) (Entered: 11/08/2000) 11/08/2000 290 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/08/2000) 11/09/2000 291 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 11/09/2000) 11/09/2000 292 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 11/09/2000) 11/09/2000 293 ORDER as to Mamdouh Mahmud Salim. It is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), all time running from 11/8/00 until 12/15/00, shall be excluded from the time within which trial must commence in the above- captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public. ( Signed on 11/8/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 11/09/2000) 11/09/2000 294 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/13/2000) 11/09/2000 298 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 160/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 11/14/2000) 11/09/2000 Status conference as to Mamdouh Mahmud Salim held. On disposition sheet: AUSA - Michael Garcia; Proceeding - Assign of Counsel; Alan Haber appted as counsel for Mr. Salim. ( Held before Magistrate Judge Theodore H. Katz ) (bw) (Entered: 11/15/2000) 11/09/2000 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mamdouh Mahmud Salim : Appointment of Attorney Allan P. Haber ( Signed by Magistrate Judge Theodore H. Katz ) (df) (Entered: 11/17/2000) 11/09/2000 312 REDACTED MEMORANDUM by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed in opposition to the motions of defendants Khamis Mohamed and Al-Owhali to decalre the Federal Death Penalty Act unconsitutional and to strike the Government's Death Penalty Notice. (mr) (Entered: 11/22/2000) 11/13/2000 295 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/13/2000) 11/13/2000 296 ORDER as to Mamdouh Mahmud Salim. Because of the potential of being witnesses as set forth in the sealed court proceeding of November 8, 2000, the attorneys Paul J. McAllister, as well as Charles D. Adler and George Goltzer of Goltzer & Adler, are relieved from further representation of Mamdoh Mahmud Salim in this case and the trial of the defendant Salim is severed from that of the other defendants in this case. ( Signed on 11/9/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 11/13/2000) 11/13/2000 297 TRANSCRIPT of record of proceedings as to Mohamed Rashed Daoud Al-'Owhali for dates of 9/28/00 before Judge Sand. (sl) (Entered: 11/14/2000) 11/13/2000 299 MEMORANDUM by U.S.A. as to Mamdouh Mahmud Salim in opposition to Salim's Suppression Motion. (bw) (Entered: 11/14/2000) 11/13/2000 Pre-Trial Conference as to Usama Bin Laden held before Judge Sand. No deft present. AUSA Patrick Fitzgerald present. Frederick Cohen. & David Barigh Esq present and concluded. (sl) (Entered: 11/15/2000) 11/14/2000 300 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/14/2000) 11/15/2000 301 ORDER as to Wadih El Hage. It is hereby ORDERED, that the Warden of the Metropolitan Correctional Center, or whoever shall have the supervision and control of the deft, shall provide a suitable place for the administration of such an examination, such place to consist of a private room without distractions or noise, a small table and chairs in a non contact manner. If deft is unable or unwilling to participate in the examination, the Warden of the Metropolitan Correctional Center, or whoever shall have the supervision and control of the deft, shall allow Dr. Barrill an opportunity to observe Mr. El-Hage for at least 30 minutes. ( Signed on 11/14/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 11/15/2000) 11/15/2000 302 ORDER as to Wadih El Hage. WHEREAS, Sam A. Schmidt, Esq., having been assigned to represent Wadih El Hage, pursuant to the Criminal Justice Act; WHEREAS, it is necessary for the defense to retain the services of Dr. N.G. Berrill of the New York Center for Neuropsychology and Forensic Sciences 26 Court Street, Ste 900 Brooklyn, NY 11242 to assist in the defense; IT IS HEREBY ORDERED that Dr. Berrill is authorized to receive up https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 161/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 to $1500 for his services. ( Signed on 11/14/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 11/15/2000) 11/15/2000 303 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/15/2000) 11/16/2000 304 ORDER as to Mohamed Rashed Daoud Al-'Owhali. Upon oral motion by Mohammed Al- 'Owhali, through undersigned counsel, for leave to bring into the MCC, Ten South, a camera for purposes of preserving evidence, this Court, for good cause shown, hereby grants and orders leave for counsel David P. Baugh to bring into MCC, at 2:30 p.m., this 15th day of November, 2000, a flash camera to photograph evidence. The MCC, through the Warden or other such authority, shall accommodate counsel's need for contact with his client to photograph the evidence, by permitting counsel and defendant a visit in a suitably secure area with appropriate precautions, permitting an unobstructed camera view. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 11/16/2000) 11/16/2000 Pre-Trial Conference as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh held. Defendant Khalfan Khamis Mohamed waives his appearence and Defendant El Hage not present. Defendant Al Owhali present witha ttorneys Frederick H. Cohn, Laura Gasiorowski and David P. Baugh. Defendant Mohamed Sadeek Odeh present with attorneys Carl J. Herman and Anthony L. Ricco, Esq. Arabic interpreter Andre Codouni, dealing with issues of AUSAs Patrick Fitzgerald and Paul Butler security and Jury Questionaires and viore dired. Bot defendants detained. (mr) (Entered: 11/27/2000) 11/20/2000 305 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/21/2000) 11/20/2000 306 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/21/2000) 11/21/2000 308 Reply brief in support of Khalfan Khamis Mohamed's Motions regarding the Death Penalty as to Khalfan Khamis Mohamed. (mr) (Entered: 11/21/2000) 11/21/2000 MEMORANDUM by Khalfan Khamis Mohamed in support of [309-1] motion to strike the Notice of Intention to Seek the Death Penalty., [309-2] motion to strike the death -notice on the ground that only a grang jury may find or allege elements of capital murder., [309-3] motion to strike from the death-notice certain of the government's non-statutory aggravating factors., [309-4] motion to strike the non-statutory aggravating factors on the ground that congress may not delete to the Executive Branch the legislative finction of designating aggravting factors in a comprehensive death-penalty scheme., [309-5] motion to strike the non-statutory aggravating factors without also providing for preportionality review., [309-6] motion to strike the death-notice because the relaxed evidentiary standards available to the government at a penalty-phase enders any penalty-findings unreliable., [309-7] motion to strike the death penalty on the grounds that Congress, by removing "plain-error" from the scope of appellate reveiw permissable in a case where a verdict of death has been returned, has failed to provide for meaningful appellate review., [309-8] motion for Bill of Particulars, [309-9] motion to strike the death-notice in the ground that, by pursuing Mr. Mohamed's execution., [309-10] motion to strike the death-notice on the grounds that he death penalty., [309-11] motion, [309-12] motion (mr) (Entered: 11/21/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 162/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 11/21/2000 313 MEMORANDUM by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary in opposition to defendant's severence motions. (mr) (Entered: 11/22/2000) 11/21/2000 314 Survey of the Federal Death Penalty System (1988-2000). (mr) (Entered: 11/22/2000) 11/21/2000 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. AUSA Patrick Fitzgerald and Paul Butler present. Attornys Fred Cohn and Laura Gasiowski present and attorney David Baugh by telephone - for defendant Al'Owhali. Defendant not present. Also present Dominique Raia, attorney for MCC and Warden Parks of MCC. (mr) (Entered: 11/27/2000) 11/21/2000 310 MOTION by Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed DEFENDANT MOHAMMAD AL-OWHALI'S MOTION TO ADOPT CO-DEFENDANT KHALFAN KHAMIS MOHAMED'S MOTIONS CONCERNING THE DEATH PENALTY AND SUPPLEMENTAL MOTION REGARDING SPECIFIC ISSUES THEREIN (jb) (Entered: 05/22/2002) 11/22/2000 311 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/22/2000) 11/22/2000 315 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 11/22/2000) 11/22/2000 316 ORDER as to Wadih El Hage, that the defendant Wadih el Hage undergo a psychiatric examination by Dr. Eric Goldsmith, and a psychologist to be retained by Dr. Goldsmith, pursuant to 18 USC 4241(a) and (b) in order to determine whether he is presently suffering a mental disease or defect that renders him mentally incompetent tothe extent that he is unable to understand the nature and consequences of the proceedings against him or incapable of assisting properly in his own defense. , that Dr. eric Goldsmith, and the psychologist o be retained by Dr. Goldsmith, be granted access to Mr. el Hage at the Manhattan Correctional Center as frequently as reasonably necessary to complete their examination of Mr. el Hage. , and that a report of the psychiatrist examination be filed promptly with the Honorable Leonard B. Sand, U.S.D.C. for the S.D.N.Y., pursuant to 18USC4247, with copies to be provided to the office of the United States Attorney for the Southern District of New York, and Sam Schmidt, esq, counsel for Wadih el hage. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 11/27/2000) 11/22/2000 317 ORDER as to Wadih El Hage, that the defendant Wadih el hage undergo a psychiatric examination by Dr. Stuart B. Klienman, and a psychologist to be retained by Dr. Kleinman, and a psychologist to be retained by Dr. Kleinman, pursuant to 18 USC 4241 (a) and (b) in order to determine whether he is presently suffering from a mental disease that renders him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceeding against him or incable of assisting properly in his own defense. , that Dr. Stuart B. Kleinman, and the psychologist to be retained by Dr. Kleinman, be granted access to Mr. el Hage at the Manhatten Correctional Center as frequently as reasonably necessary to complete their examination of Mr. el Hage. , and that a report of the psychiatric examination be filed promptly with the Honorable Leanard B. Sand, USDC for the SDNY, pursuant to 18 USC 4247, with copiues to be provided to the office of the United States Attorney for the Southern District of New York and San Schmidt, Esq., counsel for Wadih el Hage. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 11/27/2000) 11/22/2000 320 SEALED DOCUMENT as to Usama Bin Laden (da) (Entered: 11/29/2000) 11/22/2000 321 SEALED DOCUMENT as to Ali Mohamed (da) (Entered: 11/29/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 163/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 11/22/2000 322 SEALED DOCUMENT as to Mamdouh Mahmud Salim (da) (Entered: 11/29/2000) 11/22/2000 323 SEALED DOCUMENT as to Wadih El Hage (da) (Entered: 11/29/2000) 11/22/2000 324 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 11/29/2000) 11/22/2000 325 SEALED DOCUMENT as to Wadih El Hage (da) (Entered: 11/29/2000) 11/22/2000 326 SEALED DOCUMENT as to Usama Bin Laden (da) (Entered: 11/29/2000) 11/27/2000 318 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, of protection. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 11/27/2000) 11/27/2000 328 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/29/2000) 11/27/2000 329 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 11/29/2000) 11/28/2000 319 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 11/28/2000) 11/29/2000 327 Filed Memo-Endorsement on letter addressed to Judge Sand from Allan P. Haber, Esq. counsel for Mamdouh Mahmud Salim, dated 11/22/00. Re: Request that I be placed on the approved list for transcripts and that I be allowed to received them in minuscript rather that full page. Application granted. ( Signed by Judge Leonard B. Sand ). (mb) Modified on 11/29/2000 (Entered: 11/29/2000) 11/29/2000 330 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 11/30/2000) 11/29/2000 Pre-Trial Conference as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Wadih El Hage, Khalfan Khamis Mohamed held. ... AUSA Patrick Fitzgerald, Ken Karas, Michael Garcia and Paul Butler. Arabic Interpreter Andre Codouni present. Deft Al- 'Owhali present w/attys Fred Cohn, Laura Gasiorowski and David P. Baugh. NO OTHER DEFT PRESENT. Attys Carl J. Herman, Anthony Ricco and Edward Wilford present for deft Odeh. Attys Sam Schmidt and Joshua Dratel for deft El Hage. Attys David Ruhnke, David Stein and Jeremy Schneider present for deft Khalfan Khamis Mohamed - on issues of jury questionaires and courtroom security. Parties submit new draft of questionairre before 12/6 meeting. Further conference on jury questionaire on 12/6/00 10 a.m. Deft Al- 'Owhali continued detained. ( Held before Judge Sand ) (bw) (Entered: 12/05/2000) 11/29/2000 Pre-Trial Conference as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Wadih El Hage, Khalfan Khamis Mohamed set at 10:00 a.m. 12/6/00. (bw) (Entered: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 164/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 12/05/2000) 12/04/2000 331 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 12/04/2000) 12/05/2000 332 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 12/05/2000) 12/05/2000 333 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 12/05/2000) 12/05/2000 334 TRANSCRIPT of record of proceedings before Judge Sand as to Mamdouh Mahmud Salim for date of October 20, 2000. (bw) (Entered: 12/05/2000) 12/05/2000 335 TRANSCRIPT of record of proceedings before Judge Sand as to Mamdouh Mahmud Salim for date of October 19, 2000. (bw) (Entered: 12/05/2000) 12/05/2000 336 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil for dates of 10/10/00. (db) (Entered: 12/05/2000) 12/05/2000 337 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary for dates of 10/24/00. (db) (Entered: 12/05/2000) 12/05/2000 338 TRANSCRIPT of record of proceedings as to Ali Mohamed for dates of 10/20/00 before Judge Sand. (mb) (Entered: 12/06/2000) 12/05/2000 340 AFFIRMATION OF ATTORNEY in support ofobtaining expert services. by Mamdouh Mahmud Salim (sl) (Entered: 12/06/2000) 12/06/2000 339 ORDER as to Mamdouh Mahmud Salim. WHEREAS, Paul J. McAllister, Esq. has been assigned to represent Mr. Mamdouh Salim pursuant to the Criminal Justice Act; WHEREAS, it is necessary for Paul J. McAllister to retain one or more translators in this case because of the extraordinary nature of the charges against Mr. Salim; IT IS HEREBY ORDERED that Paul J. McAllister may retain the following translator at the hourly rate of $75.00. Ms. Maya Hess, Hess Translations, Inc., 477 West 22nd Street, New York, New York 10011 (212)675-0451; IT IS FURTHER ORDERED that the above named translator shall be permitted to file interim vouchers for his services; IT IS FURTHER ORDERED that the CJA Clerk shall prepare voucher(s) for the above named translator. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 12/06/2000) 12/06/2000 Pre-Trial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. AUSAs Patrick Fitzgerald, Ken Kavas, Andrew McCarthy, Paul Butler present. Attys Sam Schmidt, Joshua Dratel present for deft El Hage. Attys Anthony Ricco, Edward Wilford present for deft Odeh. Attys David Baugh and Laura Gasicrowski present for deft Al-'Owhali. Attys Jeremy Schneider and David Ruhnke present for deft K.K. Mohamed. Conference held. No deft present. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 165/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Continued discussions on finalizing the proposed jury questionaire. Conference adjourned to 12/11/00 at 11 a.m. ( Held before Judge Sand ) (bw) (Entered: 12/14/2000) 12/06/2000 Pre-Trial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed set at 11:00 a.m. 12/11/00. (bw) (Entered: 12/14/2000) 12/06/2000 386 SEALED DOCUMENT as to Usama Bin Laden (da) (Entered: 12/28/2000) 12/06/2000 387 SEALED DOCUMENT as to Usama Bin Laden (da) (Entered: 12/28/2000) 12/06/2000 388 SEALED DOCUMENT as to Khalfan Khamis Mohamed (da) (Entered: 12/28/2000) 12/08/2000 341 ORDER as to Mohamed Rashed Daoud Al-'Owhali, A motion and supporting brief by Defendant Mohamed Rashed Daoud al-'Owhali for courtroom closure during a suppression hearing having been filed under seal and docketed on Tuesday, December 5, 2000, the Court hereby schedules a hearing on the closure motion for 10:00 a.m. on Monday, December 11, 2000, in Courtroom 318 at the 40 Foley Square Courthouse. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 12/08/2000) 12/08/2000 342 LETTER addressed to Judge Sand from AUSA Paul W. Butler, dated 11/28/00, filed by U.S.A. as to defts Khalfan Khamis Mohamed, Mohamed Rashed Daoud Al-'Owhali Re: submitted in response to the discovery requests made in the Reply Brief in Support of Khalfan Khamis Mohamed's Motions Regarding the Death Penalty. The Gov't relies on its prior Memorandum of Law in Response to the Motions of Defendants Khamis Mohamed and Al-'Owhali to Declare the Federal Death Penalty Act Unconstitutional and to Strike the Government's Death Penalty Notice in response to the arguments to strike aggravating factors from the Govt's death notice set forth in the Reply Memorandum of Law in Support of Defendant Mohammed Al-'Owhali's Death Penalty Motion. (bw) (Entered: 12/11/2000) 12/11/2000 343 ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed, that upon the daily arrival of the jurors at designated locations away from the courthouse, they will be kept in the custody of the United States Marshal for the Southern District of New York until after the close of court each day, as further directed herein, and upon the close of court each day the juror will be transported to designated locations away from the courthouse, and the United States Marshal will make all appropriate arrangements for the transportation of the jurors as aforesaid. , that no Deputy Marshal in attendance with the jury will converse with the jurors except as may be necessary in carryiong out the obligations imposed by this Order and in no event will any Deputy Marshal, while in the presence of any juror, comment in any way whatsoever upon the issues in this case, the defendants, their counsel, the government, or the witnesses. , that any communications with the court by the jury or any individual juror shall be made in writing and that writing shall be placed in a sealed envelope and shall be promptly delivered to the Court by a Deputy Marshal. , that during the day of the Marshal shall provide reading materials, refreshments and muncheon for the juror so empaneled. , and that this Order is effective as of 1/3/01 and may be altered or amended at any time by the direction of the Court. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 12/11/2000) 12/11/2000 344 MEMORANDUM OPINION # 84909 as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Denying defendant's motion to dismiss the Government's death penalty notices, and in the alternative, to compel discovery relating to the Government's capital- approval practices. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 12/12/2000) 12/11/2000 Pre-Trial Conference as to Mohamed Rashed Daoud Al-'Owhali held. (10:00 a.m.) Deft Mohamed Rashed Daoud Al-'Owhali not present. His attys Frederick H. Cohn, Laura Gasiorowski and David P. Baugh. AUSAs Patrick Fitzgerald, Ken Karas, Paul Butler, Andrew McCarthy present. Oral argument on deft's motion to close courtroom for https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 166/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Suppression Hearing. Motion for closure denied. Hearing commences 12/12/00 at 10:00 a.m. ( Held before Judge Sand ) (bw) Modified on 12/14/2000 (Entered: 12/14/2000) 12/11/2000 Pre-Trial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Khalfan Khamis Mohamed held. (10:15) Conference held. No deft present. Attys Sam Schmidt, Joshua Dratel present for deft El-Hage; Attys Edward Wilford, Carl J. Herman present for deft Odeh; Atty Jeremy Schneider present for deft Khalfan Khamis Mohamed. Jury questionairres are finalized. Conference concluded. ( Held before Judge Sand ) (bw) (Entered: 12/14/2000) 12/12/2000 345 ORDER, Joe Guastaferro may submit a final interim voucher at this time and may submit another voucher at the conclusion of his service ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 12/12/2000) 12/12/2000 346 ORDER as to Wadih El Hage, Dr. Berrill is authorized to receive an additional $150/hr for ten hours. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 12/12/2000) 12/12/2000 Evidentiary Hearing as to Mohamed Rashed Daoud Al-'Owhali held. Evidentiary Hearing begun on deft Mohamed Rashed Daoud Al-'Owhali motion to suppress. AUSAs Paul Butler, Andrew McCarthy, Patrick Fitzgerald present. Deft Al-'Owhali present w/attys Fred Cohn, Laura Gasiorowski and David P. Baugh. Arabic interpreters Andre J. Coudouni and Aziz Ismail. ( Held before Judge Sand ) (bw) (Entered: 12/15/2000) 12/14/2000 Evidentiary Hearing as to Mohamed Rashed Daoud Al-'Owhali held. Hearing continued and concluded - Decision reserved. ( Held before Judge Sand ) (bw) (Entered: 12/15/2000) 12/15/2000 347 AFFIRMATION of AUSA Michael J. Garcia by U.S.A. as to Mamdouh Mahmud Salim Re: in support of an application for an Order excluding the time within which trial must commence, pursuant to Title 18, U.S.C., Section 3161(h)(8)(A). (bw) (Entered: 12/15/2000) 12/15/2000 348 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 12/15/2000) 12/15/2000 349 ORDER as to Ali Mohamed, Time excluded from 12/15/00 until 12/22/00 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 12/18/2000) 12/18/2000 350 LETTER addressed to Judge Sand from AUSA Kenneth M. Karas, dated 7/31/00, filed by U.S.A. as to defts Wadih El Hage, Mamdouh Mahmud Salim, Ali Mohamed Re: submitted in further response to the severance motions submitted by the above defts. (bw) (Entered: 12/19/2000) 12/18/2000 351 LETTER addressed to Judge Sand from AUSA Kenneth M. Karas, dated 12/7/00, filed by U.S.A. as to deft Mohamed Rashed Daoud Al-'Owhali Re: submitted in response to the motion of deft Al-'Owhali to seal the suppression hearing, which is scheduled to begin on 12/12/00. (bw) (Entered: 12/19/2000) 12/18/2000 352 LETTER addressed to Judge Sand from AUSA Andrew C. McCarthy, dated 12/11/00, filed by U.S.A. as to deft Mohamed Rashed Daoud Al-'Owhali Re: submitted to address the application of the Fifth Amendment to the issues raised by deft Al-Owhali's suppression motion, which is scheduled for a hearing on 12/12/00. (bw) (Entered: 12/19/2000) 12/18/2000 353 REPLY MEMORANDUM OF LAW by Wadih El Hage in support of his Pre-Trial Motion for Severance. (bw) (Entered: 12/19/2000) 12/18/2000 354 Exhibits to Declaration of Lloyd Epstein, Esq. in support of defendant Ali Mohamed's Motion to Suppress Evidence Seized pursuant to the Foreign Intelligence Surveillance Act ("FISA"). (bw) (Entered: 12/19/2000) 12/18/2000 355 LETTER filed as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 167/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary From Joshua L. Dratel, Dated 11/17/00, Addressed to: Judge Sand Re: reply to government's surreply (mr) (Entered: 12/19/2000) 12/18/2000 356 LETTER filed as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary From Joshua L. Dratel, Dated 11/20/00, Addressed to: Judge Sand Re: error in his 11/17/00 letter. (mr) (Entered: 12/19/2000) 12/18/2000 357 REPLY MEMORANDUM by Mohamed Rashed Daoud Al-'Owhali in support of defendant's Mohammed Al-Owhali's death penalty motion. (mr) (Entered: 12/19/2000) 12/18/2000 358 REPLY MEMORANDUM by Ali Mohamed in support of motion to suppress evidence seized pursuant to the Foreign intelligence surveillance act. (mr) (Entered: 12/19/2000) 12/18/2000 367 Memorandum of Law by U.S.A. in response to as to Wadih El Hage, Ali Mohamed motions to suppress evidence derived from electronics surveillance and physical evidence searches authorized under the Foreign Intelligence Surveillance Act. (mb) (Entered: 12/20/2000) 12/18/2000 368 Memorandum of Law by U.S.A. as to Wadih El Hage in opposition to dft's. motion to quash grand jury subpoenas, to compel production of grand jury proceedings, and to delay the grand jury's investigation. (mb) (Entered: 12/20/2000) 12/18/2000 369 AFFIRMATION (REDACTED) by U.S.A. as to Wadih El Hage, Mamdouh Mahmud Salim, Ali Mohamed Re: [212-2] motion B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so, [0-0] modifier count (mb) (Entered: 12/20/2000) 12/18/2000 373 MOTION by Ali Mohamed for the following relief: 1) For an order suppressing certain physical evidence and any evidence derived therefrom as having been obtained in violation of the deft's rights under 50 USC Sec.1821-26 ; and 2) For an order suppressing the fruit of certain electronic surveillance, including wiretap evidence as having been obtained in violation of the deft's rights under 50 USC Sec.1801-06 ; and 3) For an order compelling the gov't to disclose to the defense copies of following (see doc) ; and 4) For an order compelling the gov't to disclose to the defense copies of the following (see doc) ; and 5) For an order granting a hearing on the above motions to permit the court to make findings of fact necessary to a determination of the instant motions ; and 6) For an order granting counsel for the deft a reasonable amount of time to make such additional motions as are predicated upon the U.S. Attorney's response to and necessitated by the Court's decision on the instant motions. Return date 6/15/00. [ Motion dated 6/15/00 ] (bw) Modified on 12/20/2000 (Entered: 12/20/2000) 12/18/2000 Filed Memo-Endorsement on 'Motion In Support of Defendant Ali Mohamed's Motion To Suppress Evidence Seized Pursuant to FISA'(doc.#373) as to Ali Mohamed. JUDGE ENDORSED - Mohamed motion moot in light of guilty plea. ( Signed on 10/24/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 12/20/2000) 12/19/2000 359 LETTER filed by U.S.A. as to Khalfan Khamis Mohamed From Paul W. Butler, Dated 11/28/00, Addressed to: Judge Sand Re: response to the discovery requests made in the Reply Brief in Support of Khalfan Khamis Motions regarding the Death Penalty. (mr) (Entered: 12/19/2000) 12/19/2000 360 REPLY MEMORANDUM by Wadih El Hage in support of motions to suppress certain evidence, to dismiss the indictment and other releif. (mr) (Entered: 12/19/2000) 12/19/2000 361 REDACTED MEMORANDUM by Wadih El Hage in support of motion to suppress https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 168/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 certain evidence to dismiss the indictment,for severance, and for other relief. (mr) (Entered: 12/19/2000) 12/19/2000 362 MEMORANDUM by U.S.A. as to Wadih El Hage in opposition to motion to suppress information obtained during foreign intelligence operations in Kenya. (mr) (Entered: 12/19/2000) 12/19/2000 363 AFFIDAVIT signed by Daniel Coleman as to Wadih El Hage Re: motion for dismissal. (mr) (Entered: 12/19/2000) 12/19/2000 364 MEMORANDUM OF LAW by Ali Mohamed in support of his motion to suppress evidence seized and derived pursuant to the Foreign Intelligence Surveillance Act ("FISA"). (bw) (Entered: 12/19/2000) 12/19/2000 365 [REDACTED] Numbered Exhibits to the June 20, 2000 Declaration of Sam A. Schmidt, Esq. in support of defendant Wadih El Hage's Pre-Trial Motion to Suppress Certain Evidence, To Dismiss the Indictment, For Severance, and For other relief. (bw) (Entered: 12/19/2000) 12/19/2000 366 MEMORANDUM OF LAW by U.S.A. in response to Wadih El Hage's motions to (1) Suppress evidence seized during a search at JFK Airport; (2) Suppress statements made to US Government officials in Kenya; (3) Disqualify an Assistant United States Attorney; (4) Impose sanctions for destruction of evidence; and (5) Dismiss the Indictment for alleged outrageous government conduct. (bw) (Entered: 12/19/2000) 12/19/2000 370 Affidavit by U.S.A. as to Wadih El Hage Re: In connection with the Government's response to the motion by dft. El Hage for dismissal of the Indictment. (mb) (Entered: 12/20/2000) 12/19/2000 371 LETTER filed as to Khalfan Khamis Mohamed From David A. Ruhnke, Dated 12/4/00, Addressed to: Judge Sand Re: In response to AUSA Burler's letter to the court of November 28 concerning the discovery requests set forth in the reply brief filed on behalf of Mr. Mohamed on 11/20/00. (mb) (Entered: 12/20/2000) 12/19/2000 372 LETTER filed as to Wadih El Hage From Kenneth Karas, AUSA, Dated 11/1/00, Addressed to: Judge Sand Re: The government letter in further response to the suppression motion submitted by dft. Hage relating to foreign intelligence operatioons overseas. (mb) (Entered: 12/20/2000) 12/19/2000 374 Filed Memo-Endorsement on '[Redacted Original] Notice of Motion in Support of Defendant Wadih El-Hage's Pre-Trial Motions To Suppress Evidence, For Dismissal, For Severance And For Other Relief' (motion dated 6/23/00) as to Wadih El Hage. JUDGE ENDORSED - Motion denied. ( Signed on 12/18/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 12/20/2000) 12/19/2000 375 OPINION # 84939 as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... The Defendants are charged with numerous offenses arising out of their alleged participation in an international terrorist organization led by Defendant Usama Bin Laden and that organization's alleged involvement in the August 1998 bombings of the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Presently before the Court are Defendant El- Hage's motions which seek the following: suppression of evidence seized from the search of his residence in Nairobi, Kenya in August 1997 and suppression of evidence obtained from electronic surveillance, conducted from August 1996 to August 1997, of four telephone lines in Nairobi, Kenya. CONCLUSION: For the foregoing reasons, El-Hage's motion to suppress evidence from the physical search of his Kenya residence and electronic surveillance is denied without a hearing. ( Signed on 12/5/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 12/20/2000) 12/19/2000 376 ORDER as to Wadih El Hage, that the MCC shall provide a suitable place for the psychological consultation, such place to consist of a private room without distractions or noise. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 12/20/2000) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 169/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 12/19/2000 377 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 12/20/2000) 12/19/2000 378 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 12/20/2000) 12/19/2000 379 LETTER addressed to Judge Sand from AUSA Paul W. Butler, dated 12/5/00, filed by U.S.A. as to deft Mohamed Rashed Daoud Al-'Owhali Re: submitted in response to the motion submitted by deft Al-'Owhali to suppress statements he made to American and Kenyan law enforcement officials while in Kenyan custody. (bw) (Entered: 12/20/2000) 12/20/2000 380 (S9) SUPERSEDING INDICTMENT (Part 1) as to Wadih El Hage (1) count(s) 1ssssssss, 2ssssssss, 3ssssssss, 5ssssssss, 6ssssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss, Fazul Abdullah Mohammed (2) count(s) 1sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-279sssssss, 280sssssss-282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, Mohamed Sadeek Odeh (3) count(s) 1sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss- 279sssssss, 280sssssss-282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss- 234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-279sssssss, 280sssssss- 282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, Usama Bin Laden (5) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss- 223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-279ssssss, 280ssssss-282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Muhammad Atef (6) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss- 279ssssss, 280ssssss-282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mustafa Mohamed Fadhil (7) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 276sssss, 277sssss-279sssss, 280sssss- 282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Khalfan Khamis Mohamed (8) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 8sssss, 10sssss, 224sssss-234sssss, 277sssss-279sssss, 283sssss, 284sssss, 286sssss, Ahmed Khalfan Ghailani (9) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss-279sssss, 280sssss-282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Fahid Mohammed Msalam (10) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss- 275sssss, 276sssss, 277sssss-279sssss, 280sssss-282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Sheikh Ahmed Salim Swedan (11) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss-279sssss, 280sssss-282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Mamdouh Mahmud Salim (12) count(s) 1ssss, 3ssss, 5ssss, 6ssss, 309ssss, 310ssss, 311ssss, 312ssss, 313ssss-314ssss, 315ssss, 316ssss, 317ssss-319ssss, Ali Mohamed (13) count(s) 1sss, 3sss, 5sss, 6sss, Ayman Al Zawahiri (14) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, 7ss, 8ss, 9ss, 10ss, 11ss-223ss, 224ss-234ss, 235ss-275ss, 276ss, 277ss-279ss, 280ss-282ss, 283ss, 284ss, 285ss, 286ss, Khaled Al Fawwaz (15) count(s) 1ss, 3ss, 5ss, 6ss, Ibrahim Eidarous (16) count(s) 1s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s-223s, 224s-234s, 235s-275s, 276s, 277s-279s, 280s-282s, 283s, 284s, 285s, 286s, Adel Abdel Bary (17) count(s) 1s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s-223s, 224s-234s, 235s-275s, 276s, 277s-279s, 280s-282s, 283s, 284s, 285s, 286s (dcap) Modified on 01/10/2001 (Entered: 01/10/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 170/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 12/20/2000 380 (S9) SUPERSEDING INDICTMENT (Part 2) as to Saif Al Adel (18) count(s) 1, 3, 5, 6, Abdullah Ahmed Abdullah (19) count(s) 1, 3, 4, 5, 6, 7, 8, 9, 10, 11-223, 224-234, 235-275, 276, 277-279, 280-282, 283, 284, 285, 286, Muhsin Musa Matwalli Atwah (20) count(s) 1, 3, 5, 6, Anas Al Liby (21) count(s) 1, 3, 5, 6 . (dcap) (Entered: 01/10/2001) 12/20/2000 Arraignment as to Mamdouh Mahmud Salim (S9 98 Cr. 1023 -12) held: Mamdouh Mahmud Salim (12) count(s) 1ssss, 3ssss, 5ssss, 6ssss, 309ssss, 310ssss, 311ssss, 312ssss, 313ssss-314ssss, 315ssss, 316ssss, 317ssss-319ssss. ... Deft Mamdouh Mahmud Salim present w/atty Allan P. Haber, Esq. AUSA Daniel Himmelfarb, Michael Garcia and Paul Butler. Arabic Interpreter Andre Codouni. Deft is arraigned on Superseding (9) Indictment 98Cr.1023 and pleads not guilty on counts 1, 3, 5, 6, and 309 thru 319 as charged. Case is referred to Magistrate Judge Francis for random selection of a Judge on (S9)98Cr.1023. Allan Haber, Esq. application to be relieved as counsel be referred to Mag. Judge Francis. Gov't submit order excluding time thru 1/29/01. Deft continued remanded. Trial on (S7)98Cr.1023 will proceed 1/3/01 with all 4 defts (El Hage, Al 'Owhali, Odeh and K.K. Mohamed) and to which deft Salim has been severed. ( Held before Judge Leonard B. Sand ) (bw) Modified on 01/17/2001 (Entered: 01/17/2001) 12/20/2000 PLEA entered by Mamdouh Mahmud Salim (S9 98 Cr. 1023 -12). Court accepts plea. Not Guilty: Mamdouh Mahmud Salim (12) count(s) 1ssss, 3ssss, 5ssss, 6ssss, 309ssss, 310ssss, 311ssss, 312ssss, 313ssss-314ssss, 315ssss, 316ssss, 317ssss-319ssss. (bw) (Entered: 01/17/2001) 12/20/2000 ORAL ORDER as to Wadih El Hage, Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Khalfan Khamis Mohamed . SET Jury trial on (S7)98Cr.1023 for 1/3/01. ( Entered by Judge Leonard B. Sand ) (bw) (Entered: 01/17/2001) 12/21/2000 407 ORDER as to Wadih El Hage, that Dr. Berrill is authorized to receive $125/HR for 20 hours per week. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) Modified on 02/21/2002 (Entered: 12/22/2000) 12/21/2000 383 MEMORANDUM OF LAW by Mohamed Rashed Daoud Al-'Owhali Re: suppressing statements made by deft Al-'Owhali (bw) Modified on 01/17/2001 (Entered: 12/26/2000) 12/22/2000 381 ORDER as to Mamdouh Mahmud Salim, On Wednesday, 12/20/00, a portionof an indictment was wheeled out to this court: Counts 309 to 319 of indictment number S(9) 98cr1023(LBS). This is an unworkable format: orders entered byu Judge Sand on his indictment will necessarily affect those counts wheeled out to this Court. Accordingly, those ten counts of the indcitment shall be separated and segregated into its own indictment before this Court. Should a Grand Jury return said indictment, this Court shall retain jurisdiction. ( Signed by Judge Deborah A. Batts ); Copies mailed. (mr) Modified on 01/18/2001 (Entered: 12/26/2000) 12/22/2000 382 ORDER as to Mamdouh Mahmud Salim, Time is excluded from 12/20/00 to 1/29/01 pursuant to the Speedy Trial Act and to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) (Entered: 12/26/2000) 12/22/2000 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mamdouh Mahmud Salim : Appointment of Attorney Richard B. Lind ( Signed by Judge Deborah A. Batts ) (mh) (Entered: 01/03/2001) 12/26/2000 384 ORDER as to Mamdouh Mahmud Salim, Accordingly, the Court hereby appoints Richard Lind, esq. to represent dft. Salim on counts 309 to 319. Mr. lind shall meet with his client during the week of 1/8/01, and reset status conference for 4:30 1/18/01 for Mamdouh Mahmud Salim ( Signed by Judge Leonard B. Sand ). (mb) (Entered: 12/27/2000) 12/26/2000 393 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) (Entered: 12/29/2000) 12/27/2000 385 Filed Memo-Endorsement on letter dated 12/26/00 to Judge Sand signed by AUSA https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 171/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Kenneth M. Karas as to Ali Mohamed, requesting that the exhibits to the affidavit of Lloyd Epstein, submitted in support of Ali Mohamed's motion to suppress the fruits of FISA electronic surveillance, be re-sealed pending further review....Reseal as requested. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 12/27/2000) 12/27/2000 391 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 12/28/2000) 12/27/2000 392 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 12/28/2000) 12/28/2000 389 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Joseph F. Bianco, dated 12/26/00, as to deft Mamdouh Mahmud Salim. The Gov't requests that Mr. Bianco, as the "firewall" AUSA in this case, be given an opportunity to review the sealed transcript from the proceeding involving deft Mamdouh Mahmud Salim before Judge Douglas F. Eaton on 10/26/00. In particular, the review is being conducted to determine whether statements made during that proceeding could be used as evidence in connection with the prosecution of Salim now pending before Judge Deborah A. Batts in connection with the MCC prison assault on 11/1/00. Mr. Bianco stated that the review of that transcript will be conducted by him and will not be disclosed, without making a formal application to the Court, to the prosecution teams on either the case pending before Judge Batts and Judge Sand; JUDGE ENDORSED - Granted subject to strict compliance with last paragraph. So Ordered. ( Signed on 12/27/00 by Judge Leonard B. Sand ); Copies mailed. (bw) Modified on 12/28/2000 (Entered: 12/28/2000) 12/28/2000 390 ORDER as to Wadih El Hage. WHEREAS, Joshua L. Dratel, having been appointed to represent deft Wadih El-hage in the above-captioned case pursuant to the Criminal Justice Act; WHEREAS, Joshua L. Dratel has filed twelve previous interim vouchers for services rendered on this case and one-third of the fee has presently been withheld; WHEREAS, Joshua L. Dratel has the responsibility to pay employees, vendors, travel expenses incurred during investigations overseas while awaiting payment from vouchers; WHEREAS, Joshua L. Dratel has represented Mr. El-Hage in this case for sixteen months and will continue for perhaps another twelve months and it has become a hardship for Mr. Dratel to have one- third of the fee withheld; IT IS SO ORDERED that Joshua L. Dratel may submit a final interim voucher at this time and may submit another voucher at subsequent intervals not less than three months each. ( Signed on 12/26/00 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 12/28/2000) 01/02/2001 394 MOTION by Khalfan Khamis Mohamed for leave of court to file amended notice of intent to seek death penalty. (mr) (Entered: 01/02/2001) 01/02/2001 Filed Memo-Endorsement on as to Khalfan Khamis Mohamed [309-1] motion to strike the Notice of Intention to Seek the Death Penalty. as to Khalfan Khamis Mohamed (8), [309-2] motion to strike the death -notice on the ground that only a grang jury may find or allege elements of capital murder. as to Khalfan Khamis Mohamed (8), [309-3] motion to strike from the death-notice certain of the government's non-statutory aggravating factors. as to Khalfan Khamis Mohamed (8), [309-4] motion to strike the non-statutory aggravating factors on the ground that congress may not delete to the Executive Branch the legislative finction of designating aggravting factors in a comprehensive death-penalty scheme. as to Khalfan Khamis Mohamed (8), [309-5] motion to strike the non-statutory aggravating factors without also providing for preportionality review. as to Khalfan Khamis Mohamed (8), [309-6] motion to strike the death-notice because the relaxed evidentiary standards available to the government at a penalty-phase enders any penalty-findings unreliable. as to Khalfan Khamis Mohamed (8), [309-7] motion to strike the death penalty on the grounds that Congress, by removing "plain-error" from the scope of appellate reveiw permissable in a case where a verdict of death has been returned, has failed to provide for meaningful appellate review. as to Khalfan Khamis Mohamed (8), [309-8] motion for Bill of Particulars as to Khalfan Khamis Mohamed (8), [309-9] motion to strike the death-notice in the ground that, by pursuing Mr. Mohamed's execution. as to Khalfan Khamis Mohamed (8), [309-10] motion to strike the death-notice on the grounds that he death penalty. as to Khalfan Khamis Mohamed (8), [309-11] motion as to Khalfan Khamis Mohamed (8), [309-12] motion as to Khalfan Khamis Mohamed (8), Is granted in part and denied in part. See opinion on this date 1/2/01. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 01/02/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 172/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/02/2001 395 Filed Memo-Endorsement on as to Khalfan Khamis Mohamed granting [394-1] motion for leave of court to file amended notice of intent to seek death penalty. as to Khalfan Khamis Mohamed (8), See opinion this date 1/2/01. So Ordered ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 01/02/2001) 01/02/2001 396 MEMORANDUM OPINION # 84993 as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, as to both defendants, the non-statutory aggravating factor of "causing serious injury to surviving victims" be stricken from the government's geath penalty notices, and the non-statutory factor of "victim impact evidence" be amended to include any "injury, harm, and loss" suffered by victims and their families, whether the victims are deceased or surviving: (2) order that, as to both defendants, the non-statutory aggravating factor of "disruption to important governmental functions" be stricken from the government's death penalty notices; (3) order that, as to defendant Al-Owhali, the non- statutory aggravating factor of "Knowledge of simultaneous acts of terrorism" not be stricken from the government's death penalty notice at the present time: (4) order that the Government provide defendant's with a limited bill of particulars, as defined in Part V of this opinion; and (5) grant the Government's motion for leave to file and amended death penalty notice as to K.K. Mohamed. All of defendant's other applications are denied, except that defendants' remaining challenges to specific aggravating factors are denied without prejudice as set forth herein. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 01/02/2001) 01/02/2001 397 MEMORANDUM OPINION # 84997 as to Wadih El Hage denying [206-1] motion for discovery as to Wadih El Hage (1), denying [175-1] motion (1) for an Order for discovery that is necessary for the preparation of Mr. El-Hage's pretrial motions for (i) suppression of evidence seized; (ii) suppression of statements; (iii) suppression of electronic surveillance; (iv) severance; and/or (v) other relief as to Wadih El Hage (1), denying [175-2] motion 2) for an Order granting leave to join Mr. El-Hage's co-defts' motions to the extent they benefit him. as to Wadih El Hage (1) ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 01/03/2001) 01/02/2001 398 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 01/03/2001) 01/02/2001 399 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 01/03/2001) 01/02/2001 400 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 01/03/2001) 01/02/2001 401 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) (Entered: 01/03/2001) 01/02/2001 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Conference held on issue of defts' objections to hardship determinations made by the Jury Administration and to the time periods during https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 173/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 the trial day when defts' may pray. AUSA Paul Butler, Patrick Fitzgerald, Ken Karos. Deft. El Hage present w/atty' Anthony Ricco, Ed Wilford and Carl Herman. Deft. Al-Ouhali present w/atty's Fred Cohn, David Baugh and Laura Gasicrowski. Deft. K.K. Mohamed not present, his attys' David Ruhuke, David Stern and Jeremy Schneider present. Conference concluded. All (3) defts' cont'd remanded. Arabic Interpreter present (Andre Codovni). (rag) (Entered: 03/07/2001) 01/03/2001 402 Filed Memo-Endorsement on letter addressed to Judge Sand from David P.Baugh atty to Mohamed Rashed Daoud Al-'Owhali, dated 1/2/01 As the court explained in open why ample opportunity will be accorded counsel to move the court pose requested inquiries to the panel. DENIED ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 01/04/2001) 01/03/2001 Voir dire begun as to Wadih El Hage (1) count(s) 1ssssssss, 1sssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1-8, 2ssssssss, 2sssssss, 2ssssss, 3ssssssss, 3sssssss, 3ssssss, 4ssssss, 5ssssssss, 5sssssss, 5ssssss, 6ssssssss, 6sssssss, 6ssssss, 9-11, 228sssss-235sssss, 228ssss-235ssss, 228sss-235sss, 228ss-235ss, 228s-235s, 236sssss, 236ssss-238ssss, 236sss-238sss, 236ss- 238ss, 236s-238s, 237sssss, 238sssss, 245ssssss-264ssssss, 265ssssss-267ssssss, 287ssssssss-305ssssssss, 287sssssss-305sssssss, 306ssssssss-308ssssssss, 306sssssss- 308sssssss, Mohamed Sadeek Odeh (3) count(s) 1sssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3sssssss, 3ssssss, 3sssss, 3ssss, 3sss, 4sssssss, 4ssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s-227s, 4-227, 5sssssss, 5ssssss, 5sssss, 6sssssss, 6ssssss, 6sssss, 7sssssss, 7ssssss, 7sssss-8sssss, 8sssssss, 8ssssss, 9sssssss, 9ssssss, 9sssss-10sssss, 10sssssss, 10ssssss, 11sssssss-223sssssss, 11ssssss-223ssssss, 11sssss- 233sssss, 217ssss-227ssss, 217sss-227sss, 217ss-227ss, 224sssssss-234sssssss, 224ssssss- 234ssssss, 234sssss-235sssss, 235sssssss-275sssssss, 235ssssss-275ssssss, 236sssss- 237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, 276sssssss, 276ssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssss, 280sssssss-282sssssss, 280ssssss-281ssssss, 282ssssss, 283sssssss, 283ssssss, 284sssssss, 284ssssss, 285sssssss, 285ssssss, 286sssssss, 286ssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3sssssss, 3ssssss, 3sssss, 3ssss, 3sss, 4sssssss, 4ssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s-227s, 4-227, 5sssssss, 5ssssss, 5sssss, 6sssssss, 6ssssss, 6sssss, 7sssssss, 7ssssss, 7sssss- 8sssss, 8sssssss, 8ssssss, 9sssssss, 9ssssss, 9sssss-10sssss, 10sssssss, 10ssssss, 11sssssss- 223sssssss, 11ssssss-223ssssss, 11sssss-233sssss, 217ssss-227ssss, 217sss-227sss, 217ss- 227ss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235sssssss- 275sssssss, 235ssssss-275ssssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, 276sssssss, 276ssssss, 277sssssss-279sssssss, 277ssssss- 278ssssss, 279ssssss, 280sssssss-282sssssss, 280ssssss-281ssssss, 282ssssss, 283sssssss, 283ssssss, 284sssssss, 284ssssss, 285sssssss, 285ssssss, 286sssssss, 286ssssss, Khalfan Khamis Mohamed (8) count(s) 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 3sssss, 3ssss, 3sss, 3ss, 3s, 3, 4sssss, 4ssss, 4sss, 5sssss, 5ssss, 5sss, 6sssss, 6ssss, 6sss, 7sss-8sss, 8sssss, 8ssss, 9sss- 10sss, 10sssss, 10ssss, 11sss-233sss, 217ss-227ss, 217s-227s, 217-227, 224sssss-234sssss, 224ssss-234ssss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, 277sssss-279sssss, 277ssss-278ssss, 279ssss, 283sssss, 283ssss, 284sssss, 284ssss, 286sssss, 286ssss Terminated motions: (rag) (Entered: 03/07/2001) 01/03/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed begun. Deft. Odeh present w/atty Anthny Ricco, Edward Wilford, Carl Herman and Sandra Babcock, Esq. Deft. Al-Owahali present w/attys Frederick Cohn, David Baugh and Laura Gasiorowski. Deft. K.K. Mohamed present w/attys' David Ruhuke, Jeremy Schneider, David Stern. Deft. El Hage present w/attys Sam Schmidt & Joshua Dratel & Kristian Larsen. AUSA's Ken Karas, Patrick Fitzgerald & Paul Butler. Interpreters (Arabic) Andre Codouni, Aziz Ismail and Toufic Maged. Interpreters (Swahili) by Charles Mironko and Laura Black. Jury trial begun as to the above (4) defts' on counts as charged. (rag) (Entered: 03/07/2001) 01/04/2001 403 Redacted Exhibit to declaration of Lloyd Epstein, Esq. in support of defendant Ali Mohamed's motion to suppres evidence seized pursuant to the Foreign Intelligence Surveillance Act by Ali Mohamed (FISA) (sl) Modified on 01/04/2001 (Entered: 01/04/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 174/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/04/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed cont'd. (rag) (Entered: 03/07/2001) 01/05/2001 404 Filed Memo-Endorsement on Defendant Mohammad Al-Owhali's motion to adopt co- defendant Khalfan Khamis Mohamed's Motions concerning the death penalty and supplemental motion regarding specific issues therein as to Mohamed Rashed Daoud Al- 'Owhali, Khaled Al Fawwaz, Motion to adopt is granted. All other motions denied. In accordance with the court's oppinion of 12/11/00 and 1/2/01. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 01/05/2001) 01/05/2001 405 Filed Memo-Endorsement on letter addressed to Judge Sand from Attorney David P. Baugh, dated 1/2/01, as to defts Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... JUDGE ENDORSED - Deft's Al-'Owhali's motion mailed from Richmond, Virginia on 12/27/00 (with respect to a trial long scheduled to commence on 1/3/01) sought an order directing payment of increased compensation to jurors. The motion made no reference whatsoever to the fact that the rate of juror compensation was controlled by a statute and that the Court had already provided that jurors in this case be paid the maximum permitted pursuant to 28 U.S.C. Section 1871. It was only orally in open court on 1/2/01, that counsel stated that the motion was a challenge to the constitutionality of 28 U.S.C. Section 1871. Serious challenges to the constitutionality of a statute cannot be raised in so casual a manner. Moreover, although the actual incidence of hardship requests was not known until the responses to questionnaires was examined, it should have come as no surprise to anyone that a high percent of panelists would seek to be excused from a trial scheduled to last approximately one year. Nor is it all surprising that there would be a socioeconomic factor operating with respect to those who sought exemption. In fact, the number of panelists who sought hardship exemption for economic or other reasons was somewhat less than the Court had anticipated. The Court adheres to its previous determination that the motion as filed in the letter mailed 12/27/00, was both untimely and without merit. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) Modified on 01/08/2001 (Entered: 01/08/2001) 01/05/2001 406 Redacted Exhibits To Declaration of Lloyd Epstein, Esq. In Support of Defendant Ali Mohamed's Motion To Suppress Evidence Seized Pursuant To The Foreign Intelligence Surveillance Act ("FISA"). (bw) (Entered: 01/08/2001) 01/05/2001 409 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 01/11/2001) 01/05/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed cont'd and adj. to 1/8/01 at 9:30 a.m. All defendants cont'd detained. (rag) (Entered: 03/07/2001) 01/08/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed cont'd. (rag) (Entered: 03/07/2001) 01/09/2001 408 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (Contents Withdrawn - So Ordered Sand,J.) (da) Modified on 02/21/2002 (Entered: 01/10/2001) 01/09/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 175/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Jury selection cont'd. (rag) (Entered: 03/07/2001) 01/10/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Jury selection cont'd. Defendants cont'd detained. (rag) (Entered: 03/07/2001) 01/11/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. All defts' present. (rag) (Entered: 03/07/2001) 01/12/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. All defendants present and adjourned to 1/16/01. (rag) (Entered: 03/07/2001) 01/16/2001 413 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 01/18/2001) 01/16/2001 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Hearing held in Robing Room (Sealed proceeding). (rag) (Entered: 03/07/2001) 01/16/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd and adjourned to 1/29/01 at 9:30. (rag) (Entered: 03/07/2001) 01/17/2001 410 ORDER as to Mohamed Rashed Daoud Al-'Owhali. A motion having been made by Defendant Mohamed Rashed Daoud Al-'Owhali for courtroom closure during a renewal of a suppression hearing, the Court hereby schedules a hearing on the closure motion for 10:00 a.m. on Friday, January 19, 2001 in Courtroom 318 at the 40 Foley Square Courthouse. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/17/2001) 01/17/2001 411 AMENDED ORDER as to Mohamed Rashed Daoud Al-'Owhali. A motion having been made by Defendant Mohamed Rashed Daoud Al-'Owhali for courtroom closure during a renewal of a suppression hearing, the Court hereby schedules a hearing on the closure motion for 11:30 a.m. on Friday, January 19, 2001 in Courtroom 318 at the 40 Foley Square Courthouse. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/17/2001) 01/17/2001 412 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 01/17/2001) 01/17/2001 609 LETTER filed by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali From AUSA's Paul Butler, Patrick Fitzgerald, Kenneth Karas, & Andrew McCarthy. Dated 01/17/01, Addressed to: Judge Sand Re: US v bin Laden 98 Cr 1023. The Govt submits this Letter Brief in opposition to the motion of Deft al-'Owhali to dismiss an identification of him as the passenger in the bomb truck at the American embassy in Nairobi. For the reasons set forth above, al-'Owhali's motion to supress the identification as so unduly suggestive as to violate his right to due process should be denied. (ac) (Entered: 08/15/2001) 01/18/2001 414 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 176/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 01/18/2001) 01/18/2001 415 ORDER as to Mohamed Sadeek Odeh. Upon the application of Anthony L. Ricco, attorney for Mohamed Sadeek Odeh, for an order authorizing necessary investigative services, pursuant to the Criminal Justice Act, Title, 18 U.S.C. 3006A(e)(1). IT IS HEREBY ORDERED, that Kevin Johnson, is appointed as a Para-Mitigation Specialist in the above captioned case at a rate set at Twenty Five ($25.00) Dollars per hour munc pro tunc to November 1, 2000. ( Signed on 1/17/01 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/19/2001) 01/19/2001 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Hearing held (Closed proceeding) and concluded. All defendants present except Khalfan Khamis Mohamed who waives his appearance. (rag) (Entered: 03/07/2001) 01/22/2001 416 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby. ... On Friday, 1/19/01, this Court ruled that the evidentiary hearing on the renewed motion to suppress defts' statements would be held in a closed courtroom but that a redacted transcript of the prior days hearing would be made available to the press at 10:00 a.m. the following day. By letter received later that day, representatives of the press have raised questions concerning the cost of obtaining these transcripts and their availability on Saturdays. It is the purpose of this Order to respond to those concerns. The Court hereby ORDERS that one redacted copy of the transcript of the prior days proceedings be made available without charge at 10:00 a.m. in the courthouse press room. We have been advised that a representative of the press will then undertake to make copies available to other members of the press. The transcript to be made available on Saturday morning shall be obtainable at 10:00 a.m. at the offices of the U.S. Attorney. The Court emphasizes that this Order relates solely to the transcript for the above-referenced suppression hearing, now estimated to last approximately five (5) days and is occasioned solely by virtue of the unusual circumstance of the courtroom being closed during such proceedings. The Order should not be construed as suggesting that under normal circumstances the Court reporters have any obligation to furnish a transcript without charge to the press. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/22/2001) 01/22/2001 417 ORDER as to Wadih El Hage, for reconsideration of [397-1] order. On reconsideration, this Court's Order of 1/2/01, entered prior to receiving the Government's opposition, is nullified and the motion to take Rule 15 depositions is denied. ( Signed by Judge Leonard B. Sand ) (sl) (Entered: 01/23/2001) 01/22/2001 423 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 01/25/2001) 01/23/2001 418 (REDACTED) MOTION by Wadih El Hage in support of deft Wadih El-Hage's CIPA Section 5 Designation, motion to declare CIPA unconstitutional and for discovery. Return date 9/30/00. (bw) (Entered: 01/24/2001) 01/23/2001 419 (REDACTED) MEMORANDUM by Wadih El Hage in support of [418-1] motion in support of deft Wadih El-Hage's CIPA Section 5 Designation, motion to declare CIPA unconstitutional and for discovery. (bw) (Entered: 01/24/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 177/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/23/2001 420 (REDACTED) MEMORANDUM Of Law by U.S.A. as to Wadih El Hage in response to [418-1] motion in support of deft Wadih El-Hage's CIPA Section 5 Designation, motion to declare CIPA unconstitutional and for discovery. (bw) (Entered: 01/24/2001) 01/23/2001 421 (REDACTED) REPLY Memorandum Of Law by Wadih El Hage to in support of [418-1] motion in support of deft Wadih El-Hage's CIPA Section 5 Designation, motion to declare CIPA unconstitutional and for discovery. (bw) (Entered: 01/24/2001) 01/23/2001 422 ORDER as to Mohamed Sadeek Odeh, that Dr. J.B.F. Lloyd is authorized to perform services on behalf of the defense as indicated above, and that he shall be compensated at the rate of $185.00 per hour for professional services rendered on behalf of the defense and $92.50 for travel time. (Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 01/24/2001) 01/23/2001 428 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 01/26/2001) 01/23/2001 429 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 01/26/2001) 01/23/2001 Evidentiary Hearing as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held. Renewed Evidentiary Hearing on defendants' Al-Owhali and Odeh's motion to suppress. Adjourned to 1/24/01. (Closed proceeding). (rag) (Entered: 03/07/2001) 01/24/2001 430 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 01/26/2001) 01/24/2001 Status conference as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh held. Conference in Robing Room held and concluded. Decision reserved. Fully submitted no later than 1/26/01. (rag) (Entered: 03/07/2001) 01/25/2001 424 ORDER as to Mohamed Sadeek Odeh, That Kevin Johnson is appointed as Para Legal at the rate of $25.00 per hour nunc pro tunc to 11/1/00 ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 01/25/2001) 01/25/2001 425 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 01/25/2001) 01/25/2001 426 (REDACTED) MEMORANDUM And ORDER # 85094 as to Wadih El Hage, Mohamed Sadeek Odeh, Mamdouh Mahmud Salim. Presently before the Court is Defendant El- Hage's motion to declare the Classified Information Procedures Act ("CIPA"), 18 U.S.C. app. 3 (1980), unconstitutional as applied in this case. Defendants Mamdouh Mahmud Salim and Mohammed Sadeek Odeh join this motion. For the reasons set forth in this https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 178/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Memorandum And Order, this motion is denied. (denied [418-1] motion). ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 01/26/2001) 01/25/2001 433 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 02/02/2001) 01/26/2001 427 ORDER as to Mohamed Rashed Daoud Al-'Owhali, Because the documents produced may impact Al-Owhali's suppression motion, and because the Court is making every effort to decide that motion prior to opening statements, the Government is ordered to produce all responsive evidence by 1/17/01. Al-Owhali should then immediately bring any newly disclosed evidence to the Court's attention is such evidence bears on the merits of his suppression motion ( Signed by Judge Leonard B. Sand ) (sl) (Entered: 01/26/2001) 01/26/2001 431 AFFIRMATION as to Mamdouh Mahmud Salim (sl) (Entered: 01/26/2001) 01/29/2001 432 ORDER as to Mamdouh Mahmud Salim, Time excluded from 1/25/01 until 4/11/01 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) (Entered: 01/29/2001) 01/29/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. (rag) (Entered: 03/07/2001) 01/30/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. (rag) (Entered: 03/07/2001) 01/31/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. (rag) (Entered: 03/07/2001) 02/01/2001 Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed concluded. Jury selection cont'd and concluded. Jury to be sworn on Monday 2/5/01. (rag) (Entered: 03/07/2001) 02/05/2001 434 ORDER as to Mohamed Sadeek Odeh, It is on this 5th day of February, 2001 ordered that Carl J. Herman be reimbursed for clothing expenses in the amount of $340.12 nunc pro tunc to December 26, 2000. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 02/06/2001) 02/05/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Jury sworn. Court's preliminary instructions to jury and opening statements begun. (rag) (Entered: 03/07/2001) 02/06/2001 435 MEMORANDUM and ORDER (Filed Under Seal: 1/16/01, Unsealed with Redactions: 2/2/01) as to Wadih El Hage. Defendant El-Hage seeks an order compelling the Gov't to produce discovery. He includes two lists of discovery demands: those for discovery authorized under Rule 16(a)(1)(C) of the F.R.C.P. and those seeking discovery of exculpatory information under Brady v. Maryland, 373 U.S. 83 (1963). ... III. Timing. Where the Court has granted the Defendant's requests and ordered the production of discovery, the Gov't is ordered to produce responsive material as soon as possible but no later than January 26, 2001. ( Signed on 2/2/01 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 02/07/2001) 02/06/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Arabic interpreter Denise Nasser for witness Jamal Al-Fadal. (rag) (Entered: 03/07/2001) 02/07/2001 436 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim for dates of 12/20/00. (tp) (Entered: 02/07/2001) 02/07/2001 437 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim for dates of 12/20/00. (tp) (Entered: 02/07/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 179/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/07/2001 438 REDACTED MEMORANDUM by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali in support of its motion for reconsideration of the Court's order suppressing defendant Al- Owhali's statements. (mr) (Entered: 02/08/2001) 02/07/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adj. to 2/13/01-10:a.m. CIPA conference held and concluded. (rag) (Entered: 03/07/2001) 02/08/2001 439 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 02/08/2001) 02/08/2001 440 (REDACTED) LETTER addressed to Judge Sand from AUSAs Kenneth M. Karas (signed), Patrick J. Fitzgerald, Paul W. Butler, Andrew C. McCarthy, dated 1/23/01, filed by U.S.A. as to deft Khalfan Khamis Mohamed Re: submitted in response to the motion of deft Khalfan Khamis Mohamed to suppress all statements he made after his arrest in South Africa on 10/5/99. [ accepted for filing by Judge Sand ] (bw) Modified on 02/09/2001 (Entered: 02/09/2001) 02/08/2001 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Hearing on CIPA issues begun and concluded. (Classified Information Procedures Act). No deft. present. AUSA Butler present and Pat Fitzgerald and Ken Karas. Atty Sam Schmidt and Joshua Dratel present for El Hage; Fred Cohn and Laura Gasiorowski present for Al-Owhali; Anthony Ricco and Ed Wilford present for Odeh. (rag) (Entered: 03/07/2001) 02/09/2001 455 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 02/26/2001) 02/13/2001 442 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 02/13/2001) 02/13/2001 443 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 02/13/2001) 02/13/2001 444 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 02/13/2001) 02/13/2001 445 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 180/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 02/13/2001) 02/13/2001 446 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 02/13/2001) 02/13/2001 447 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 02/13/2001) 02/13/2001 448 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 02/13/2001) 02/13/2001 449 LETTER filed by U.S.A. as to Mohamed Sadeek Odeh From AUSA Kenneth M. Karas, Dated 1/23/01, Addressed to: Judge Sand Re: response to the motions of Mohamed Sadeek Odeh (sl) (Entered: 02/13/2001) 02/13/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. All defts' present. Trial cont'd. Interpreter Seham Susan Laraby present for witness Jamal Al-fadl. (rag) (Entered: 03/07/2001) 02/13/2001 441 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) (Entered: 01/22/2002) 02/14/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rag) (Entered: 03/07/2001) 02/15/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adj. to 2/19/01 at 10:00 a.m. All defts cont'd remanded. (rag) (Entered: 03/07/2001) 02/16/2001 450 MEMORANDUM OPINION # 85186 as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Defendant Odeh's motions to suppress evidence are denied. Likewise Defendant Al-Owhali's motion to suppress his statements based on an alleged delay in presentment is also denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 02/16/2001) 02/16/2001 451 MEMORANDUM OPINION # 84939 as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, Defendnat Al-Owhali's motion to suppress is granted in part and denied

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 181/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 in part, whereas K.K. Mohamed's motion to suppress is denied in its entirety. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 02/16/2001) 02/20/2001 452 MEMORANDUM And ORDER as to Khalfan Khamis Mohamed. On 2/14/01, at an Ex Parte conference with counsel for Khalfan Khamis Mohamed, the Court was advised that there was agreement among counsel and their client that Jeremy Schneider's motion to withdraw as counsel should be granted. The Court was assured that the granting of this motion would have no negative impact on the progress of the ongoing trial. The Court thereafter allocuted the deft who acknowledged that this action was with his knowledge and consent. The motion to withdraw was granted. The purpose of this Memorandum is to note the Court's further finding that the withdrawal of Jeremy Schneider as counsel for Khalfan Khamis Mohamed will nevertheless leave assigned to Khalfan Khamis Mohamed two counsel, David Ruhnke, Esq. and David Stern, Esq., "of whom at least one shall be learned in the law applicable to capital cases" as required by 18 U.S.C. Section 3005. Indeed, after conferring with the Federal Public Defender, Leonard Joy, the Court is of the opinion that the requirements of 18 U.S.C. Section 3005 are fully satisfied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) Modified on 02/21/2001 (Entered: 02/21/2001) 02/20/2001 453 LETTER filed by U.S.A. as to Wadih El Hage From Paul W. Butler AUSA, Dated 2/15/01, Addressed to: Judge Sand Re: Redacted Notice of Motion in Support of Defendant Wadih El-Hage's Discovery Motion. (sl) (Entered: 02/21/2001) 02/20/2001 454 REDACTED NOTICE MOTION IN SUPPORT OF Wadih El Hage for discovery motion (sl) (Entered: 02/21/2001) 02/20/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. All defts' present. Arabic interpreter Seham Susan Larby present for witness Jamal Al-Fadal. (rag) (Entered: 03/07/2001) 02/21/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. All defts present. Arabic interpreter present for witness L'Houssainne Kherchtou. (rag) (Entered: 03/07/2001) 02/22/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. All defendants present. Arabic interpreter Seham Susan Laraby present for witness L'Houssainne Kherchtou and adjourned to 2/26/01. (rag) (Entered: 03/07/2001) 02/26/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rag) (Entered: 03/08/2001) 02/27/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rag) (Entered: 03/08/2001) 02/28/2001 456 [REDACTED] POST-HEARING MEMORANDUM by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali in opposition to deft al-'Owhali's motion to suppress statements. (bw) (Entered: 03/02/2001) 02/28/2001 457 [REDACTED] POST-HEARING MEMORANDUM of Law by U.S.A. as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali in opposition to motions of Al-'Owhali and Odeh to suppress statements. (bw) (Entered: 03/02/2001) 02/28/2001 458 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 03/02/2001) 02/28/2001 459 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 182/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 03/02/2001) 02/28/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rag) (Entered: 03/08/2001) 03/01/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to 3/5/01. (rag) (Entered: 03/08/2001) 03/02/2001 461 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) (Entered: 03/06/2001) 03/06/2001 460 MEMORANDUM & ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby. The Court directs the Gov't to furnish Defendants' with all the impeachment material concerning the witness Al-Fadl that is described in the Govt's ex parte sealed letter to the Court dated 2/19/01. To be clear, this includes the identity of the source, as well as the two items of information he provided. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 03/06/2001) 03/06/2001 462 SEALED DOCUMENT as to Usama Bin Laden (afo) (Entered: 03/06/2001) 03/06/2001 463 ORDER as to Mamdouh Mahmud Salim, We direct the parties to provide the Court with additional briefing on Salim's motion in light of our 2/16/01 decisions. The parties have 20 days to inform the Court in writing of a proposed briefing schedule, as well as whether it will be necessary to supplement further the factual record. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 03/07/2001) 03/07/2001 464 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) (Entered: 03/07/2001) 03/07/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Swhali interpreter present Beston Mwakaling for witness Reninah Wadia Muhoho. (rag) (Entered: 03/08/2001) 03/07/2001 468 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Patrick J. Fitzgerald, dated 2/20/01, as to deft L'Houssiane Kherchtou. The Govt requests that certain items pertaining to this matter currently filed under seal be unsealed for a limited purpose as of today's date and that they be further unsealed at a later time. L'Houssaine Kherchtou entered a plea of guilty to Information (S8)98Cr.1023(LBS) in a sealed proceeding before the Court on 11/2/00. The Govt asks for the immediate but limited unsealing of the following items: Information (S8)98Cr.1023(LBS) and the plea minutes. The unsealing would be for the purpose of allowing the Govt to produce the plea minutes and Information as Jencks Act material to the defense. The material would remain sealed until such time as Kherchtou testified, at which time the Govt would ask that the materials be unsealed for all purposes; JUDGE ENDORSED - Limited Unsealing as Described Above: SO ORDERED. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 183/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Complete Unsealing of the Transcript: SO ORDERED. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 03/08/2001) 03/08/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to 3/12/01. Swhali interpreter present for witness Charles Mwaka Mulwa. Swhali interpreter present for witness Paul Wangui. Swhali interpreter present for witness Justus Mutisya. Swhali interpreter present for witness Michael Opiyo. Somilian interpreter Ahmed Jama for witness Ismail Jama Ali. (rag) Modified on 03/09/2001 (Entered: 03/08/2001) 03/08/2001 469 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) (Entered: 03/08/2001) 03/09/2001 470 Verdict Form of Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed (sl) (Entered: 03/12/2001) 03/09/2001 471 Request to Charge by U.S.A. (mr) (Entered: 03/12/2001) 03/12/2001 473 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) (Entered: 03/15/2001) 03/12/2001 474 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) (Entered: 03/15/2001) 03/12/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. Japanese interpreter Eugene Kada present for a witness Junichi Miyagi. (rag) (Entered: 03/19/2001) 03/12/2001 550 (S10 - Part 1 of 2) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1sssssssss, 2sssssssss, 3sssssssss, 4sssssssss, 5sssssssss, 6sssssssss, 7sssssssss, 8sssssssss, 9sssssssss, 10sssssssss, 11sssssssss-223sssssssss, 224sssssssss-234sssssssss, 235sssssssss- 275sssssssss, 276sssssssss, 277sssssssss-278sssssssss, 279sssssssss, 280sssssssss- 281sssssssss, 282sssssssss, 283sssssssss, 284sssssssss, 285sssssssss, 286sssssssss, 287sssssssss-305sssssssss, 306sssssssss-308sssssssss, Fazul Abdullah Mohammed (2) count(s) 1ssssssss, 2ssssssss, 3ssssssss, 4ssssssss, 5ssssssss, 6ssssssss, 7ssssssss, 8ssssssss, 9ssssssss, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 235ssssssss- 275ssssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss, Mohamed Sadeek Odeh (3) count(s) 1ssssssss, 2ssssssss, 3ssssssss, 4ssssssss, 5ssssssss, 6ssssssss, 7ssssssss, 8ssssssss, 9ssssssss, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 235ssssssss-275ssssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssssss, 2ssssssss, 3ssssssss, 4ssssssss, 5ssssssss, 6ssssssss, 7ssssssss, 8ssssssss, 9ssssssss, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 235ssssssss-275ssssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss, Usama Bin Laden (5) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 184/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 count(s) 1sssssss, 2sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-278sssssss, 279sssssss, 280sssssss-281sssssss, 282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Muhammad Atef (6) count(s) 1sssssss, 2sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-278sssssss, 279sssssss, 280sssssss- 281sssssss, 282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, 287sssssss- 305sssssss, 306sssssss-308sssssss, Mustafa Mohamed Fadhil (7) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss- 305ssssss, 306ssssss-308ssssss, Khalfan Khamis Mohamed (8) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss- 305ssssss, 306ssssss-308ssssss, Ahmed Khalfan Ghailani (9) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss- 305ssssss, 306ssssss-308ssssss, Fahid Mohammed Msalam (10) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss- 305ssssss, 306ssssss-308ssssss, Sheikh Ahmed Salim Swedan (11) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss- 223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss-305ssssss, 306ssssss-308ssssss (Microfilmed on April 26, 2001 at 3:00 P.M.). (dcap) Modified on 08/23/2001 (Entered: 05/23/2001) 03/12/2001 550 (S10 - Part 2 of 2) SUPERSEDING INDICTMENT as to Mamdouh Mahmud Salim (12) count(s) 1sssss, 2sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss, 10sssss, 11sssss- 234sssss, 235sssss-279sssss, 280sssss-283sssss, 284sssss, 285sssss-286sssss, 287sssss- 305sssss, 306sssss-308sssss, Ali Mohamed (13) count(s) 1ssss, 2ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss-8ssss, 9ssss, 10ssss, 11ssss-234ssss, 235ssss-279ssss, 280ssss-283ssss, 284ssss, 285ssss-286ssss, 287ssss-305ssss, 306ssss-308ssss, Ayman Al Zawahiri (14) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss, 10sss, 11sss-234sss, 235sss-279sss, 280sss- 283sss, 284sss, 285sss-286sss, 287sss-305sss, 306sss-308sss, Khaled Al Fawwaz (15) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss, 10sss, 11sss-234sss, 235sss- 279sss, 280sss-283sss, 284sss, 285sss-286sss, 287sss-305sss, 306sss-308sss, Ibrahim Eidarous (16) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss-8ss, 9ss, 10ss, 11ss-234ss, 235ss- 279ss, 280ss-283ss, 284ss, 285ss-286ss, 287ss-305ss, 306ss-308ss, Adel Abdel Bary (17) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss-8ss, 9ss, 10ss, 11ss-234ss, 235ss-279ss, 280ss- 283ss, 284ss, 285ss-286ss, 287ss-305ss, 306ss-308ss, Saif Al Adel (18) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s-305s, 306s-308s, Abdullah Ahmed Abdullah (19) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s-305s, 306s-308s, Muhsin Musa Matwalli Atwah (20) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s-305s, 306s-308s, Anas Al Liby (21) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s-305s, 306s-308s , Mohamed Suleiman Al Nalfi (23) count(s) 1, 3, 5, 6 (dcap) Modified on 06/05/2001 (Entered: 06/05/2001) 03/13/2001 477 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary,

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 185/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) (Entered: 03/19/2001) 03/13/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Swhali interpeter Besten Mwakaling for witness Rutahe Sherwa. (rag) (Entered: 03/19/2001) 03/14/2001 472 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, If the Government has not restedby 4/2/01, the memorandum should nevertheless be filed but may be updated 2 business days after the Government rests. If the evidence cited is applicable solely by virtue of Pinkerton or some analogous theory of attribution, the memorandum should so state. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 03/14/2001) 03/14/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to Monday 3/19/01 at 10 a.m. Japanese interpreter Eugene Kada present for witness Satoshi Mitsugi. Swhali interpreter Besten Mwakaling for witnesses Mohamed Zaidi, Thabit Sadaalli, Julius Kisingo, Ally Said, Mohamedi Selemeni, Hamed Muslim Salum. (rag) (Entered: 03/19/2001) 03/15/2001 475 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) (Entered: 03/16/2001) 03/15/2001 476 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) (Entered: 03/16/2001) 03/16/2001 First Appearance as to Mohamed Suleiman Al Nalfi held (dcap) (Entered: 06/05/2001) 03/16/2001 Arraignment as to Mohamed Suleiman Al Nalfi held Mohamed Suleiman Al Nalfi (23) count(s) 1, 3, 5, 6 before Judge Leonard B. Sand. Deft Al Nalfi pres w/atty Marion Seltzer (CJA). Interpreter (Arabic) Andre Conduni. AUSA Michael Garcia pres. Dft arraigned on Superceding Ind (10) of 98cr1023 and pleads not guilty on counts 1, 3, 5 & 6 as charged. Status conference 3/27/01 at 4:30 p.m. - rm 318 for a report on housing conditions of the deft at MCC. gov't submit order excluding time thru 5/22/01 and a pre-trial confernce at that time at 9:30 a.m. Deft cont'd detained. (dcap) (Entered: 06/05/2001) 03/16/2001 Text not available. (Entered: 06/05/2001) 03/16/2001 PLEA entered by Mohamed Suleiman Al Nalfi . Court accepts plea. Not Guilty: Mohamed Suleiman Al Nalfi (23) count(s) 1, 3, 5, 6 (dcap) (Entered: 06/05/2001) 03/16/2001 ORAL ORDER as to Mohamed Suleiman Al Nalfi , set status conference for 4:30 3/27/01 for Mohamed Suleiman Al Nalfi , and to Continue in Interests of Justice time is excluded from 3/16/01 to 5/22/01. ( Entered by Judge Leonard B. Sand ) (dcap) (Entered: 06/05/2001) 03/19/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rag) (Entered: 03/27/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 186/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 03/19/2001 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mamdouh Mahmud Salim : Appointment of Attorney Irving Cohen ( Signed by Judge Leonard B. Sand ) (df) (Entered: 04/02/2001) 03/20/2001 478 Filed Memo-Endorsement on letter addressed to Judge Sand from atty Allan Haber as to Mamdouh Mahmud Salim, attorney Irving Cohen, member of the panel, if approved by Court is willing to assist in the preparation of the trial . Endorsement Approved ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 03/20/2001) 03/20/2001 479 ORDER as to Mohamed Sadeek Odeh, As for Odeh's argument relating to discovery, we need not decide whether the Government's failure to provide discovery relating to the tested clothing warrants suppression under the Constitution. The proper solution is instead to require the Government immediately to produce all relevant discovery in its possession concerning the seizure, storage, and transmission of the at-issue clothing-including, for all relevant items and at all relevant locations, the identities of the individuals who exercised custody over the items, their governmental affiliations, and the conditions under which those items were stored. While Odeh may not preclude the clothing's admission into evidence on grounds of inauthenticity, he is certainly entitled to attack the credibility and weight of the evidence before the jury ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) (Entered: 03/21/2001) 03/20/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adj. to 3/22/01. (rag) (Entered: 03/27/2001) 03/20/2001 552 ORDER as to Mohamed Suleiman Al Nalfi, to Continue in Interests of Justice time is excluded from 3/19/01 to 5/22/01. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) (Entered: 06/05/2001) 03/22/2001 480 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) (Entered: 03/23/2001) 03/22/2001 481 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) (Entered: 03/23/2001) 03/22/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adj. to 3/26/01. (rag) (Entered: 03/27/2001) 03/26/2001 482 Request to Charge by Mohamed Rashed Daoud Al-'Owhali. (bw) (Entered: 03/26/2001) 03/26/2001 483 Objections by Mohamed Rashed Daoud Al-'Owhali to the Government's Requests To Charge. (bw) (Entered: 03/26/2001) 03/26/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. All deft's present. Jury trial cont'd. (rag) (Entered: 03/29/2001) 03/27/2001 484 Requests to Charge by Wadih El Hage, Mohamed Sadeek Odeh. (bw) (Entered: 03/27/2001) 03/27/2001 485 MEMORANDUM of Law by Wadih El Hage, Mohamed Sadeek Odeh in support of their [484-1] requests to charge. (bw) (Entered: 03/27/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 187/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 03/27/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to April 2, at 10 a.m. Defts' cont'd detained. (rag) (Entered: 03/29/2001) 03/27/2001 Status conference as to Mohamed Suleiman Al Nalfi held before Judge Sand. Deft present w/atty Marion Seltzer, AUSA Michael Garcia pres. Arabic interpreter Andre Codouni also present. Andrea Giriolamo, atty for MCC - Bureau of Prisons. Conference held dealing with conditions of confinement at MCC and concluded. Court suggest that deft's atty read the transcripts of all prior proceedings dealing w/conditions of confinement. further conference 5/22/01 at 9:30 a.m. Deft cont'd detained. (dcap) (Entered: 06/05/2001) 03/27/2001 ORAL ORDER as to Mohamed Suleiman Al Nalfi , set pre-trial conference for 9:30 5/22/01 for Mohamed Suleiman Al Nalfi ( Entered by Judge Leonard B. Sand ) (dcap) (Entered: 06/05/2001) 03/29/2001 Pretrial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Deft Odeh present w/attys Anthony Ricco and Ed Wilford. Deft Al-'Owhali present w/attys David Baugh, Frederick Cohn. Deft Khalfan Khamis Mohamed not present, his atty David Ruhnke present. Deft El Hage not present, his attys Sam Schmidt and Joshua Dratel present. AUSAs Pat Fitzerald, Paul Butler, Ken Karas and Michael Garcia present. Arabic interpreters Andre Codouni and Toufic Maged present. ORAL ARGUMENT held on Government's motion to quash multiple subpoenas of deft Al-'Owhali on various media networks photography departments - and concluded. Deft Al-'Owhali to re-submit new subpoenas. Defts continued detained. ( Held before Judge Sand ) (bw) (Entered: 03/30/2001) 03/30/2001 486 LETTER filed by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali From AUSA Patrick J. Fitzgerald, Dated 3/29/01, Addressed to: Judge Sand Re: opposition to the request by Mohamed Rashed Daoud al-Owhali to issue subpeonas to various officials of the Department of Defense and former Secretary of State on the grounds that the materials and testimony sought are not relevent to the contemplated penalty proceedings. (mr) (Entered: 04/03/2001) 03/30/2001 493 ORDER as to Mohamed Rashed Daoud Al-'Owhali, The Court, therefore, directed counsel for Al-Owhali to pare down and resubmit the subpoenas. Tr. at 3554. Assuming that this revision of the subpoenas is appropriately and in good faith done, the Court will sign the subpoenas entirely without prejudice to any further proceedings with respect thereto. Subpoena to Madeline Albright-The Government objects to this subpoena on a number of grounds. Among other issues, the government asserts that Secretary Albright may not be the appropriate witness. The government seeks leave to submit a written response to the subpoena as addressed to Madeline Albright and such leave is hereby granted. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 04/12/2001) 04/02/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. All defendant's present. Jury trial cont'd. Pakistan interpreter Raui Kotru present for witness Suhail Anjum, Riaz Gondal, Ga. Swahili interpreter Beston Mwakaling present for witnesses Gabriel Mutunga and Rosemary Wanjiru. (rag) (Entered: 04/04/2001) 04/03/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. (rag) (Entered: 04/04/2001) 04/04/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to April 16, 2001 at 10 a.m. Defts' cont'd detained. (rag) (Entered: 04/04/2001) 04/05/2001 487 SEALED DOCUMENT as to L'Houssiane Kherchtou (af) (Entered: 04/06/2001) 04/09/2001 488 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 188/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (af) (Entered: 04/09/2001) 04/10/2001 489 MEMORANDUM OF LAW by Wadih El Hage in support of his motion for a Judgment of Acquittal pursuant to Rule 29(a), Fed.R.Crim.P. and motion for sanctions for spoilation of evidence. (bw) (Entered: 04/10/2001) 04/10/2001 490 MEMORANDUM OF LAW (DUPLICATE ORIGINAL) by Mohamed Rashed Daoud Al- 'Owhali in support of Rule 29 Motion. (original document see doc #492). (bw) Modified on 04/17/2001 (Entered: 04/10/2001) 04/10/2001 492 MEMORANDUM by Mohamed Rashed Daoud Al-'Owhali in support of Rule 29 motion. (mr) (Entered: 04/12/2001) 04/11/2001 491 MOTION by Mohamed Sadeek Odeh pursuant to Rule 29(a), Fed. R. Crim. P., for a Judgment of Acquittal on counts 1, and 3 through 286 of the indictment. Return date not specified. [ on letter addressed to Judge Sand from atty Anthony L. Ricco, dated 4/10/01 ] (bw) (Entered: 04/11/2001) 04/11/2001 499 ORDER To Show Cause as to Mohamed Rashed Daoud Al-'Owhali. It is hereby ORDERED, that the Deft, Mohamed Rashed Daoud Al-Owhali show cause before this Court on Monday, 4/16/01 at 4:30 p.m. or soon there after as counsel can be heard before the Honorable Leonard Sand in Courtroom 318 of the U.S. Courthouse, 40 Foley Square, New York, New York 10007, why an order should not be made and entered in this action, pursuant to Rule 17 of the F.R.C.P., quashing the subpoena of the Deft Mohamed Rashed Daoud Al-Owhali; and it is further ORDERED, that personal service of a copy of this ORDER TO SHOW CAUSE, together with the papers on which it is based, by noon or April 11, 2001 shall be deemed good and sufficient service; and it is further ORDERED, that Deft's answering papers in opposition to Don Emmert and Agence France Presse's Motion to Quash, if any, shall be served personally upon counsel for Don Emmert and Agence France Presse no later than noon (12:00 p.m.), Friday, April 13, 2001. ( Signed on 4/10/01 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 04/16/2001) 04/12/2001 494 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (wv) (Entered: 04/13/2001) 04/12/2001 495 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (wv) (Entered: 04/13/2001) 04/12/2001 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. All (4) defts present w/attys. AUSAs Pat Fitzgerald, Ken Karas, Paul Butler present. Interpreter (Arabic) Andre Codouni, Swahali interpreter Laura Black. Deft Odeh present w/attys Anthony Ricco, Ed Wilford and Carl Herman. Deft El Hage present w/attys Sam Schmidt and Joshua Dratel. Deft K.K. Mohamed present w/attys David Ruhnke and David Stern. Oral argument held on defts' R- 29 motions to dismiss. "Denied in part and Granted in part". Counts 224 thru 234 and Counts 277, 278, 279, 283 & 286, and Counts 8 & 10 are granted & dismissed by Court as to Odeh only. Counts 8, 10, 224 thru 234, 277, 278, 279, 283 & 286 are granted & dismissed as to deft Al'Owhali only. Counts 2, 290, 306 & 307 dismissed on consent of Gov't. ( Held before Judge Sand ) (bw) (Entered: 04/30/2001) 04/12/2001 Status conference as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 189/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou held. ... Robing Room Conference with all attys present and dealing with the Somalia issue and concluded. ( Held before Judge Sand ) (bw) (Entered: 04/30/2001) 04/12/2001 554 MOTION by Mohamed Suleiman Al Nalfi for an order allowing for CJA payment of a 1 year mail subscription to Newsweek Magazine in Arabic in that such payment is a "reasonably incurred" expense , and Ordering the warden of his duly authorized agents at the MCC to deliver the magazine in a timely manner to Mr. Al Nalfi when it is mailed to the MCC through the U.S. Postal. (dcap) Modified on 01/30/2002 (Entered: 06/05/2001) 04/13/2001 498 MEMORANDUM OF LAW by Mohamed Rashed Daoud Al-'Owhali in response to the Government's opposition to separate death penalty sentencing hearings. (bw) (Entered: 04/16/2001) 04/16/2001 496 LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou From AUSA's Patrick J. Fitzgerald, Kenneth M. Karas, Paul W. Butler, Micahel J. Garcia Dated 4/5/01, Addressed to: Judge Sand Re: The Government submits the following summary outline of the proof adduced during the case in chief. (rag) (Entered: 04/16/2001) 04/16/2001 497 LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou From Kenneth M. Karas, Patrick J. Fitgerald, Michael J. Garcia, Paul W. Butler Dated 4/12/01, Addressed to: Judge Sand Re: The Government respectfully submits this letter in response to the motions of the defendants for judgments of acquittal under Fed. R. Crim. P. 29. For the reasons set forth in the Government's letter of April 5, 2001 ("April 5 Letter") and herein, these motions should be denied. (rag) (Entered: 04/16/2001) 04/16/2001 Status conference as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou held. ... 9 a.m. Conference held on various matters including the Somalia issue and concluded. ( Held before Judge Sand ) (bw) (Entered: 04/30/2001) 04/16/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. 10 a.m. Jury Trial continued until 4 p.m. and adjourned to 4/17. 4:10 p.m. - Oral Argument held on penalty phase bifurcation issue: Decision Reserved; Also Oral Argument held on Order Show Cause by Agence France Presse & Don Emmert to quash subpoena duces tecum of deft Al-O'Whali and Oral Argument held on objections by Cabel News Network (CNN) to a subpoena being served on them also by deft Al-'Owhali - and concluded. "Subpoenas withdrawn". ( Held before Judge Sand ) (bw) (Entered: 04/30/2001) 04/16/2001 Status conference as to Wadih El Hage held. 5 p.m. - Argument held on oral application of deft El Hage for a court order to subpoena CNN - application denied. ( Held before Judge Sand ) (bw) Modified on 04/30/2001 (Entered: 04/30/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 190/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 04/17/2001 500 MEMORANDUM by Khalfan Khamis Mohamed in support of his motion for a separate penalty hearing. (bw) (Entered: 04/17/2001) 04/17/2001 501 LETTER filed as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed From Frederick H. Cohn, Dated 2/28/01, Addressed to: Judge Sand Re: requesting that the penalty phase be tried separtely as to each defendant. (mr) (Entered: 04/17/2001) 04/17/2001 502 LETTER filed as to Khalfan Khamis Mohamed From David A. Ruhnke, Dated 3/4/01, Addressed to: Judge Sand re: Mr. Mohamed;s response to the motion by cpaital defendant, Mohamed Rashed Daoud al-Owhali. (mr) (Entered: 04/17/2001) 04/17/2001 506 MEMORANDUM by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed in response to the motions of defendants Khamis Mohamed and Al'Owhali for severance of the death penalty sentencing hearing. (rag) (Entered: 04/20/2001) 04/17/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial continued and adjourned to 4/18/01. Oral argument also held on Gov't motion to quash a subpoena as to Marilyn Albright. AUSA Michael Garcia. David Baugh present for deft Al-O'whali - "Deft Al'Owhali to resubmit". ( Held before Judge Sand ) (bw) (Entered: 04/30/2001) 04/17/2001 553 Filed Memo-Endorsement on letter dated 4/12/01 to Judge Sand signed by Marion Seltzer as to Mohamed Suleiman Al Nalfi, asking permission to delegate substantive tasks to John H. Jacobs, Esq. and Elizabeth Macedonio, Esq. in connection with the representation of Mr. Al Nalfi.... Granted. Submit Order. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) (Entered: 06/05/2001) 04/18/2001 504 LETTER filed by U.S.A. as to Wadih El Hage From AUSA Kenneth M. Karas, Dated 4/16/01, Addressed to: Judge Sand Re: motion for judgment of acquittal (sl) (Entered: 04/19/2001) 04/18/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial continued and adjourned to 4/23/01. Conference held w/attys after jury is excused for the day on issues of redacted indictment and draft Jury Charge. Gov't will dismiss Count 6, and therefore Count 6 is dismissed as to all defts. ( Held before Judge Sand ) (bw) (Entered: 04/30/2001) 04/20/2001 505 MEMORANDUM by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou in support of motion to quash defendant's subpoenas for the defense department. (mr) (Entered: 04/20/2001) 04/20/2001 507 Filed declaration of Stewart F. Aly re:requests for official information in litigation which fall under Defense Department regulations codified at 32 C.F.R. Part 97. (rag) (Entered: 04/23/2001) 04/20/2001 508 LETTER addressed to Judge Sand from Attorney Joshua L. Dratel, dated 4/20/01, filed by defts Wadih El Hage, Mohamed Sadeek Odeh Re: defts El-Hage and Odeh jointly submit the following objections, additions, and/or comments to the Court's proposed jury charge (Second Working Draft as of 4/19/01). (bw) (Entered: 04/23/2001) 04/20/2001 510 LETTER filed by Wadih El Hage From Joshua L. Dratel, Dated 4/19/01, Addressed to: Judge Sand Re: This letter is in reply to the government's April 16, 2001, letter regarding the sufficiency of proof of venue for Count 308 of the Indictment. (rag) (Entered: 04/23/2001) 04/20/2001 511 Filed defendant Al-Owhali's proposed changes to the second working draft of the proposed charge to the jury. (rag) (Entered: 04/23/2001) 04/20/2001 512 RESPONSE by Mohamed Rashed Daoud Al-'Owhali to Government's motion to quash. (rag) (Entered: 04/23/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 191/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

04/20/2001 513 LETTER filed as to Khalfan Khamis Mohamed From David A. Ruhnke, Dated 4/18/01, Addressed to: Judge Sand Re: reiterating the representations made inopne court and in memorandum of 4/13/01. (mr) (Entered: 04/23/2001) 04/20/2001 514 LETTER filed by U.S.A. as to Mohamed Sadeek Odeh From AUSA Kenneth M. Karas, Dated 4/20/01, Addressed to: Judge Sand Re: requesting that the Court instruct the jury that if, and only if, it convicts defendant Odeh on the conspiracy cont initially designated as Court 5, it may convict Odeh onthe substantive Nairobi bombing counts using a Pinkerton theory of liability. (mr) (Entered: 04/23/2001) 04/23/2001 509 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 04/23/2001) 04/23/2001 515 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 04/23/2001) 04/23/2001 516 SEALED DOCUMENT as to Wadih El Hage (rp) (Entered: 04/23/2001) 04/23/2001 517 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 04/23/2001) 04/23/2001 518 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 04/23/2001) 04/23/2001 519 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 04/23/2001) 04/23/2001 520 SEALED DOCUMENT as to Usama Bin Laden (rp) (Entered: 04/23/2001) 04/23/2001 521 SEALED DOCUMENT as to Usama Bin Laden (rp) (Entered: 04/23/2001) 04/23/2001 522 SEALED DOCUMENT as to Usama Bin Laden (rp) (Entered: 04/23/2001) 04/23/2001 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. All defts (#1,3,4,8) present w/attys. AUSAs Pat Fitzgerald, Ken Karas, Paul Butler present. Sam Schmidt and Joshua Dratel and Kristian Larsen for deft El Hage. Anthony Ricco, Ed Wilford and Carl J. Herman and Sandra BaBack prsent for deft Odeh. Deft David Baugh and Frederick Cohn present for https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 192/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 deft Al'Owhali. David Ruhnke and David Stern present for deft K.K. Mohamed. Oral argument held on Al'Owhali's motion to preclude introduction by the Gov't of proffered testimony under Rule 403 of certain Somali related matters. Motion DENIED. Court also grants motion of defts Al'Owhali and K.K. Mohamed to bifuricate the penalty phase of the trial. ( Held before Judge Sand ) (bw) (Entered: 05/01/2001) 04/23/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial continued at 10:30 a.m. 4:45 p.m. Charging conference held and adjourned. ( Held before Judge Sand ) (bw) (Entered: 05/01/2001) 04/23/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. All defendants present. Defendant El Hage motion for mistrial-Denied. Charging conference held and adjourned. (sg) (Entered: 05/09/2001) 04/23/2001 ORAL ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed , Court rules on bifucation issue, motion to bifurcate the death penalty phase of trial is granted. ( Entered by Judge Leonard B. Sand ) (sg) (Entered: 05/09/2001) 04/24/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial continued. El Hage motion for mistrial - denied. ( Held before Judge Sand ) (bw) (Entered: 05/01/2001) 04/24/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Sand. Deft Odeh witness L'Houssaine Kherchtou testifies through Arabic interpreter Seham susan Larady. Deft El Hage oral motion for mistrial is denied. (sg) (Entered: 05/09/2001) 04/25/2001 523 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 04/25/2001) 04/25/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. ( Before Judge Sand ) (bw) (Entered: 05/01/2001) 04/25/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Deft Witness L'Houssaine Kherachtou testifies thru Arabic interpreter Toufic Magid. (sg) (Entered: 05/09/2001) 04/25/2001 555 Filed Memo-Endorsement on letter dated 4/23/01 to Judge Sand signed by Marion Seltzer as to Mohamed Suleiman Al Nalfi, opposing the govt letter dated 4/12/01 in which the govt seeks permission to censor Newsweek Magazine prior to it being given to Mr. Al Nalfi.... The Court rejects defts contention. Submit revised order including govt's right to review before furnishing to deft. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) (Entered: 06/05/2001) 04/26/2001 Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Conference held on the Somalia issue and resolution reached. "Testimony of agent Yaccue is stricken." ( Held before Judge Sand ) (bw) (Entered: 05/01/2001) 04/26/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial continued and adjourned to 4/30/01. Conference held on special verdict form and concluded. ( Held before Judge Sand ) (bw) (Entered: 05/01/2001) 04/26/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 193/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Judge with attorney's prior to jury entering ct reason the Somalia issue. Testimony of FBI agent James F. Yacone on 4/23 is stricken. Jury excused at 3:10 PM. Conference held with atty's on special verdict forem and concluded. Jury trial adjourned to 4/30/01. (sg) (Entered: 05/09/2001) 04/27/2001 556 ORDER as to Mohamed Suleiman Al Nalfi, Upon the application and with the consent of the deft a/k/a Mohamed Adam by his atorney Marion Seltzer, appointed under the Criminal Justice Act for the SDNY, the Court grants Ms. Seltzer authority to delegate substantive tasks in the legal representation of Mr. Al Nalfi to John H. Jacobs, Esq. and Elizabeth Macedonio, Esq, if they obtain security clearance, or to the extent matter delegated does not require clearance. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) (Entered: 06/05/2001) 04/30/2001 524 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (wv) (Entered: 04/30/2001) 04/30/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. 9:15 am conference held on the Somalia issue and as to whetehr deft. El Hage will testify. Jury trial continued. Charging conference continued and concluded Trial adjourned to 5/1/01. (sg) (Entered: 05/09/2001) 05/01/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. All defendants present with attorneys. Govt. summation begins. (rag) (Entered: 05/11/2001) 05/02/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. Govt. summation cont'd. (rag) (Entered: 05/11/2001) 05/03/2001 525 LETTER addressed to Judge Sand from Attorney David A. Ruhnke, dated 5/2/01, filed by deft Khalfan Khamis Mohamed Re: submitted to seek an order from this Court directing the U.S. to produce certain Brady material relevant to the anticipated penalty phase in this case. (bw) (Entered: 05/03/2001) 05/03/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial continued. Govt. summation concludes. Deft. El Hage summation begins-Adj to May 7. (rag) (Entered: 05/11/2001) 05/04/2001 526 RESPONSE by Mohamed Rashed Daoud Al-'Owhali to government's motion to quash. (mr) (Entered: 05/04/2001) 05/07/2001 527 TRANSCRIPT of record of proceedings as to Usama Bin Laden for dates of 3/16/01. (tp) (Entered: 05/07/2001) 05/07/2001 531 SUPPLEMENTAL MEMORANDUM OF LAW by Mamdouh Mahmud Salim in support of his motion to suppress statements. (bw) Modified on 05/09/2001 (Entered: 05/09/2001) 05/07/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. Deft. Odeh summation begun and concludes. Deft. Al'Owhali's motion for mistrial-denied. (rag) (Entered: 05/11/2001) 05/07/2001 503 TRANSCRIPT of record of proceedings before Judge Sand as to Mohamed Suleiman Al Nalfi for dates of March 27, 2001. (dcap) Modified on 02/21/2002 (Entered: 06/05/2001) 05/08/2001 528 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 194/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (wv) (Entered: 05/08/2001) 05/08/2001 529 LETTER filed by U.S.A. as to Khalfan Khamis Mohamed From AUSA'S Michael J. Garcia/Patrick J. Fitzgerald, Dated 5/7/01, Addressed to: Judge Sand Re: The Government respectfully submits this letter in response to the defendant Khalfan Khamis Mohamed's May 2, 2001 letter seeking what defendant characterizes as "certain Brady material relevant to the anticipated penalty phase in this case". (rag) (Entered: 05/08/2001) 05/08/2001 530 LETTER filed by U.S.A. as to Mohamed Sadeek Odeh From AUSA'S Paul W. Butler, Patrick J. Fitzgerald, Kenneth M. Karas, Michael J. Garcia Dated 4/28/01, Addressed to: Judge Sand Re: The Government respectfully submits this letter in opposition to the motion of defendant Mohamed Sadeek Odeh to dismiss from Count One of the current redacted indictment the overt act in paragraph 12 (e) (herenafter "overt act 12(e)"). (rag) (Entered: 05/08/2001) 05/08/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. Deft. Al'Owhali and Khalfan Khamis. Mohamed summations begun and concluded. Govt't rebuttal summation begins and adjourned to 5/9/01. (rag) (Entered: 05/11/2001) 05/09/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial continued. Govt. rebuttal summation concludes. Court charges jury at 11:40 a.m. Trial adjourned to May 10th. (rag) (Entered: 05/11/2001) 05/10/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Jury charge cont'd and concluded. Deliberations begun at 4 p.m. Trial adjourned to May 11, 2001. The four (4) alternate jurors are temporarily excused. (rag) Modified on 05/31/2001 (Entered: 05/11/2001) 05/11/2001 532 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 05/11/2001) 05/11/2001 533 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 05/11/2001) 05/11/2001 534 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 05/11/2001) 05/11/2001 535 MOTION In Limine by Mohamed Rashed Daoud Al-'Owhali for an order directing the U.S. not to introduce or make mention of any photographs depicting human remains until such as time as there has been a hearing, outside of the presence of the jury, to determine the admissibility of the same. Return date not specified. (bw) (Entered: 05/14/2001) 05/11/2001 536 LETTER addressed to Judge Sand from Attorney David A. Ruhnke, dated 5/10/01, filed by deft Khalfan Khamis Mohamed Re: submitted in reply to the govt's letter of May 7, over

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 195/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 the signature of AUSA Michael J. Garcia, regarding a Brady demand for penalty-phase evidence. (bw) (Entered: 05/14/2001) 05/11/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Trial continued. Deliberations cont'd. (sg) Modified on 05/31/2001 (Entered: 05/22/2001) 05/14/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Jury deliberations continued. Many exhibits requested. (sg) Modified on 05/31/2001 (Entered: 05/22/2001) 05/15/2001 537 MEMORANDUM by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou in support of motion to quash defendant's subpeona for Madeleine Albright. (mr) (Entered: 05/15/2001) 05/15/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Jury deliberations continued oral arguments held on gov't motion to quash subpoea of deft Al Owhali- motion granted (sg) Modified on 05/31/2001 (Entered: 05/22/2001) 05/16/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Jury deliberations contineud more exhibits requested. Jury seeks clarification of count 3 on the special verdict form. (sg) Modified on 05/31/2001 (Entered: 05/22/2001) 05/17/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Deliberations continued more testimony read back. Conference held between Court accused as to victim impact presentations in the penalty phase. Motion by defts Al'Owhali and Khalfan Khamis Mohamed to preclude use of photographs is denied. (sg) Modified on 05/31/2001 (Entered: 05/22/2001) 05/18/2001 538 Requests to Charge on behalf of Khalfan Khamis Mohamed - Penalty Phase. (bw) (Entered: 05/18/2001) 05/18/2001 539 Proposed Mitigating Factors on behalf of Khalfan Khamis Mohamed. (bw) (Entered: 05/18/2001) 05/18/2001 540 Proposed Introductory Remarks To Penalty Phase on behalf of Khalfan Khamis Mohamed. (bw) (Entered: 05/18/2001) 05/18/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Jury deliberations continued jury seeks clarification of court's charge on pages 77 & 79 dealing with aiding and abetting. Adjourned to 5/21/01. (sg) Modified on 05/31/2001 (Entered: 05/22/2001) 05/21/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury deliberations cont'd. Testimony of Mwaka Mulwa read to jury. (rag) (Entered: 05/31/2001) 05/22/2001 541 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) (Entered: 05/22/2001) 05/22/2001 542 LETTER filed by Khalfan Khamis Mohamed From David A. Ruhnke, Dated 5/18/01, Addressed to: Judge Sand Re: proposed special verdict form (sg) (Entered: 05/22/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 196/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

05/22/2001 543 Jury instructions as to Mohamed Rashed Daoud Al-'Owhali (sg) (Entered: 05/22/2001) 05/22/2001 544 Final Instructions (sg) (Entered: 05/22/2001) 05/22/2001 545 RESPONSE by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed to the notices of mitigation factors filed by the capital defendants (sg) (Entered: 05/22/2001) 05/22/2001 546 Request to Charge by Mohamed Rashed Daoud Al-'Owhali (sg) (Entered: 05/22/2001) 05/22/2001 547 Mitigation factors for defendant Mohamed Rashed Daoud Al-'Owhali (sg) (Entered: 05/22/2001) 05/22/2001 548 Special findings and verdict forms Mohamed Rashed Daoud Al-'Owhali penalty phase. (sg) (Entered: 05/22/2001) 05/22/2001 549 REQUESTED preliminary penalty phase charge on behalf of Mohamed Rashed Daoud Al- 'Owhali (sg) (Entered: 05/22/2001) 05/22/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Deliberations cont'd. Legal argument held on penalty phase as to R-16 discovery production-discovery resolved. (rag) (Entered: 05/31/2001) 05/23/2001 551 ORDER as to Wadih El Hage. Upon the application of deft Wadih El-Hage, by and through his atty, Sam A. Schmidt, Esq. and pursuant to the Criminal Justice Act: IT IS ORDERED that the expert document examiner, Paul A. Osborn, shall be entitled to an additional $600 compensation for his appearance and testimony on behalf of the deft, Wadih El-Hage. ( Signed on 5/22/01 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 05/24/2001) 05/23/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Deliberations cont'd. Hearing held in Robing Room on CIPA issues in the penalty phase. AUSA Michael Garcia and Patrick Fitzgrald present. Also present Gwynn Kinsey from Dept. of Justice, Wash, D.C. Attys' David Ruhuke and David Stern present for deft. KK Mohamed and David Baugh and Frederick Cohn present for deft. Al'Owhali-and concluded. Conference also held in Robing Room dealing with penalty phase issues such as mitigating factors, special finding of intent and special findings of intent and special verdict form and concluded. (rag) (Entered: 05/31/2001) 05/23/2001 Status conference as to Mohamed Suleiman Al Nalfi held before Judge Sand. Deft present. AUSA Michael Garcia. Marion Seltzer and John Jacobs, Esqs' present for deft. Interpreter (Arabic) Andre codouni present. All classified discovery as to this deft will be available to deft's counsel within 2 wks afer counsel receives their security clearance. Gov't may join deft Mamdouh Mahmud Salim in the trial of this case. If deft Salim becomes a co-deft in this case, deft Al Nalfi's atty's may seek a severance. Further conf set for Oct. 9, 2001 at 10 a.m. and with likelihood of atty's for deft Salim present as well. Govt submits order excluding time thru 10/9/01. Deft cont'd remanded. (dcap) (Entered: 06/05/2001) 05/23/2001 Pretrial Conference as to Mohamed Suleiman Al Nalfi set at 10:00 10/9/01 for Mohamed Suleiman Al Nalfi. (dcap) (Entered: 06/05/2001) 05/24/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Trial cont'd-deliberations cont'd and adjourned to 5/29/01. (rag) (Entered: 05/31/2001) 05/25/2001 563 ORDER as to Mohamed Suleiman Al Nalfi, to Continue in Interests of Justice time is excluded from May 23, 2001 to October 9, 2001. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) (Entered: 06/05/2001) 05/29/2001 557 Proposed Mitigation Factors by Mohamed Rashed Daoud Al-'Owhali. (bw) (Entered: 05/29/2001) 05/29/2001 559 Proposed Mitigating Factors by Khalfan Khamis Mohamed. (bw) (Entered: 05/29/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 197/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 05/29/2001 560 MEMORANDUM OPINION # 85658 as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, During the guilt phase of the case, the Court took two actions with respect to venue. First, in a ruling from the bench on 4/23/01, we dismissed for lack of venue Count 308 of the Indictment which alleges a violation of 18 U.S.C. Section 1001(a)(2). Second, in our charge to the jury delivered on 5/9-10/01, we submitted 18 U.S.C. Section 3238 as the sole basis upon which to determine venue for the four conspiracy counts. This opinion sets forth in detail the Court's reasons for those two decisions. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) (Entered: 05/30/2001) 05/29/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed held. Jury deliberations cont'd at 9:15 a.m. 9:30 a.m. conference in Robing Room dealing with death peanlty phase. AUSA Michael Garcia and Patrick Fitzgerald present. Frederick Cohn, Esq. and David Baugh, Esq. present for deft. Al'Owhali. David Ruhnke and David Stern present for deft. Khalfan Khamis Mohamed. By 5/31/01 Govt. to respond to decision of the Constitutional Court of the Republic of South Africa. By 6/1/01 deft. KK Mohamed response -oral argument 6/7/01 at 4:30 p.m. 12:15 p.m. Jury reaches a verdict as to all defts. Jury finds defts' El Hage, Odeh, Al'Owhali and Khalfan Khamas Mohamed guilty on counts 1 and 3. Jury finds defts' Odeh, Al'Owhali and KK Mohamed guilty on count 4. Jury finds defts' El Hage, Odeh, Al'Owhali and KK Mohamed guilty on count 5. Jury finds defts' Odeh and Al'Owhail guilty on count 7. Jury finds deft. KK Mohamed guilty on count 8. Jury finds defts' Odeh and Al'Owhali guilty on count 9. Jury finds deft. KK Mohamed guilty on counts 10. Jury finds defts' Odeh and Al'Owhali guilty on counts 11 thru 223. Jury finds deft KK Mohamed guilty on coutns 224 thru 234. Jury finds defts' Odeh and Al' Owhali guilty on counts 235 thru 275. Jury finds defts' Odeh and Al'Owhali guilty on counts 276. Jury finds deft. KK Mohamed guilty on counts 277, 278 and 279. Jury finds defts' Odeh and Al'Owhali guilty on counts 280, 281 and 282. Jury finds deft. KK Mohamed guilty on count 283. Jury finds defts' Odeh, Al'Owhali and KK Mohamed guilty on count 284. Jury finds defts' Odeh and Al'Owhali guilty on count 285. Jury finds deft. KK Mohamed guilty on count 286. Jury finds deft. El Hage guilty on counts 287, 288, 289, 291 thru 305. PSI ordered for defts' Odeh and El Hage. Attorneys' for Odeh and El Hage request sixty (60) days to file R-29 and 63 motions- granted. A control date for sentencing is set for 8/30/01 as to El Hage and Odeh. All defts' cont'd detained. 2:30 p.m. Jury present-Court delivers its preliminary instruction to jury on the penalty phase of case. Jury exclusion for the day and adjourned to 5/30/01. (rag) (Entered: 06/05/2001) 05/29/2001 Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed concluded (rag) (Entered: 06/05/2001) 05/29/2001 611 Filed Verdict From (Guilt Phase) as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed (rag) (Entered: 08/20/2001) 05/29/2001 JURY VERDICT as to Wadih El Hage Guilty: Wadih El Hage (1) count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss (rag) (Entered: 10/24/2001) 05/29/2001 JURY VERDICT as to Khalfan Khamis Mohamed Guilty: Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss (rag) (Entered: 10/24/2001) 05/29/2001 JURY VERDICT as to Mohamed Sadeek Odeh Guilty: Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss- 275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss (rag) (Entered: 10/25/2001) 05/29/2001 JURY VERDICT as to Mohamed Rashed Daoud Al-'Owhali Guilty: Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss- 223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss (rag) (Entered: 10/25/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 198/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 05/29/2001 558 LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi From AUSA Michael J. Garcia, Dated May 23, 2001, Addressed to: Hon. Leonard B. Sand, Re: The Government respectfully submits this letter outlining its revised aggravating factors: I. Statutory Aggravating Factors, II. Non-Statutory Aggravating Factors. (dcap) (Entered: 01/30/2002) 05/30/2001 561 LETTER filed by Khalfan Khamis Mohamed From David A. Ruhnke, Dated 5/29/01, Addressed to: Judge Sand Re: This memorandum is submitted to address some of the outstanding issues that must be resolved prior to the start of any penalty-phase in the case of Khalfan Khamis Mohamed. (rag) (Entered: 05/31/2001) 05/30/2001 562 LETTER filed by Khalfan Khamis Mohamed as to Khalfan Khamis Mohamed From David A. Ruhnke, Dated 5/28/01, Addressed to: Judge Sand Re: Khalfan Mohamed's removal from South Africa. (rag) (Entered: 05/31/2001) 05/30/2001 Special Hearing (Penalty Phase) begins as to deft. Al'Owhali. Opening statements by Gov't and atty for deft. Al'Owhali. AUSA'S Patrick Fitzgerald and Michael Garcia present. Arabic interpreter-Andre Codani. Atty's Frederick Cohn and David Baugh for deft. Al'Owhali. (rag) (Entered: 06/05/2001) 05/31/2001 Special Hearing (Penalty Phase) as to Mohamed Rashed Daoud Al-'Owhali cont'd and adj. to 6/4/01. (rag) (Entered: 06/05/2001) 06/04/2001 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. 8:30 a.m. Conference held in open court-Deft. Al'Owhali allocuted as to whether he wishes to testify on his own behalf on the penalty phase of case. Deft. will not. Special hearing on Penalty phase cont'd as to Al'Owhali. Jury present. Govt. rests. Deft's case begins and adjourned. 4:30 p.m. Charging conference begun and concluded. (rag) (Entered: 06/13/2001) 06/05/2001 564 ORDER as to Mohamed Rashed Daoud Al-'Owhali, Set motion filing deadline for 8/27/01 for Mohamed Rashed Daoud Al-'Owhali. On the application made by the Defendant, Mohammed al-Owhali, made in open court on the 29th day of May 2001, said application being made in order that there be no chance of jurisdictional defect in making post trial motions including those under Rule 33 of the Federal Rules of Crimimal Procedure, and on consent of the U.S. of America, the defendant's time to make motions including motions in arrest of judgment is enlarged to and including August 27, 2001 and any such motions shall be filed on or before that date. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 06/11/2001) 06/05/2001 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Special Hearing on penalty phase as to deft. Al'Owhali cont'd. Jury present. Deft. Al'Owhali rests at 10:55 a.m. Gov't rebuttal case begins. Gov't rests at 11:15 a.m. Gov't summation. Deft. Al'Owhali summation begins and concludes at 1:15 p.m. Alt. juror #1277 is discharged. Court charges jury at 2:45 p.m. Jury deliberations begin 4:10 p.m. The (3) alternate jurors are temporarily excused unitl at least 6/18/01. (rag) (Entered: 06/13/2001) 06/06/2001 565 LETTER filed by Khalfan Khamis Mohamed From David A. Ruhnke, Dated 6/6/01, Addressed to: Judge Sand Re: That the present jury be discharged at the conclusion of its penalty-phase deliberations regarding Mohamed Rashed Daoud al-Owhali, and that a new jury be selected to hear the penalty proceedings regarding Khalfan Khamis Mohamed. (rag) (Entered: 06/11/2001) 06/06/2001 566 LETTER filed by U.S.A. as to Khalfan Khamis Mohamed From AUSA'S Patrick J. Fitzgerald and Michael J. Garcia, Dated 6/6/01, Addressed to: Judge Sand Re: To address the issues raised by the recent decision of the South African Constitutional Court. (rag) (Entered: 06/11/2001) 06/06/2001 567 ORDER as to Khalfan Khamis Mohamed, Upon the application of David Stern, Esq. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 199/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 pursuant to 28 U.S.C. 1825 (a)(2), and being satisfied that, Amina Salum, is a potential witnesses for whom no other accommodations can be made; It is hereby ordered, that the U.S. Marshall's Service for the Southern District of New York shall pay the transportation, support, and fees for the individual listed above. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rag) (Entered: 06/11/2001) 06/06/2001 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Jury deliberations cont'd on Special Hearing Penalty Phase. (rag) (Entered: 06/13/2001) 06/07/2001 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Jury deliberations cont'd on Special Hearing Penalty Phase. Adjourned to June 11, 2001. (rag) (Entered: 06/13/2001) 06/11/2001 568 LETTER filed by Khalfan Khamis Mohamed From David A. Ruhnke and David Stern Co- counsel to Khalfan Khamis Mohamed , Dated 6/11/01, Addressed to: Judge Sand Re: This memorandum discusses the impact on this case of the May 28, 2001 decision of the Constitutional Court of South Africa. (rag) (Entered: 06/13/2001) 06/11/2001 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Jury dleiberations cont'd on Special Hearing Penalty Phase as to deft. Al-Owhali. (rag) (Entered: 06/13/2001) 06/12/2001 Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Jury deliberations cont'd and concluded. Jury reaches a verdict on the Special Verdict Form of the Penalty Phase as to defendant Al-'Owhali. "Jury does not unanimously find that the death sentence is appropriate. We (the jury) understand that the consequence of this is that Al-'Owhali will be sentenced to life imprisonment without the possibility of release. Deft. cont'd detained. Court sets sentencing for September 12, 2001 at 10:30 a.m. Pre-sentence report is ordered. (rag) (Entered: 06/13/2001) 06/12/2001 Status conference as to Khalfan Khamis Mohamed held. Gov't attys' Patrick Fitzgerald and Michael Garcia present. David Ruhnke and David Stern, Esqs present for deft. Khalfan Khamis Mohamed. Deft. not present. Oral argument also held re: South African Constitutional Court decision. Deft's attorney may refer to that court's decision in his preliminary (opening) statement. Further conference set for 6/18/01 at 10 a.m. dealing with all issues preliminary to the Khalfan Khamis penalty hearing which commences on 6/19/01 at 9:30 a.m. with the jury present. (rag) (Entered: 06/13/2001) 06/12/2001 574 Filed Special Verdict Form of the Penalty Phase as to defendant Al-'Owhali (Court Exhibit A). (rag) (Entered: 06/19/2001) 06/13/2001 569 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) (Entered: 06/13/2001) 06/14/2001 570 ORDER as to Khalfan Khamis Mohamed, the US Marshall's Service for the Southern District of NY shall reimburse David Stern, Esq.for the expenses of room and board accrued by the above individuals upon presentation of receipts. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ac) (Entered: 06/14/2001) 06/18/2001 571 Proposed Mitigating Factors by defendant's attorneys, David Stern and David Ruhnke. (Revision of 6/17/01). (ph) Modified on 06/18/2001 (Entered: 06/18/2001) 06/18/2001 572 Proposed Mitigating Factors by defendant's attorneys, David Stern and David Ruhnke. (Revision of 6/18/01). (ph) (Entered: 06/18/2001) 06/18/2001 573 ORDER as to Mohamed Sadeek Odeh, That William Mann, is appointed as a Para-Legal in the above captioned case at a rate set at Twenty Five ($25.00) dollars per hour nunc pro tunc to 6/5/00. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) (Entered: 06/19/2001) 06/18/2001 Status conference as to Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Sealed proceeding in robing room w/all attys' and concluded. Conference held dealing with https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 200/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 proposed preliminary instruction to jury and the question of whether Richard Lind, Esq., attorney for deft. Salim will grant permission to have psychiatric report of Salim be turned over to David Ruhnke, Esq., atty for Khalfan Khamis Mohamed. Conference concluded. (rag) (Entered: 08/21/2001) 06/19/2001 Status conference as to Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Special Hearing on Penalty Phase begins as to deft. Khalfan Khamis Mohamed. AUSA Patrick Fitzgerald and Michael Garcia present. David Ruhuke and David Stern present for deft. Khalfan Khamis Mohamed. Deft. present. Court's preliminary instruction to jury and gov't and deft. opening statements begun and concluded. Swahili interpreters' Laura Black and Charles Mironko present. Gov't case begins. Swahili interpreter Beston Mwakaling present for Gov't witnesses Valentyne Katunda, Asha Kambenga, Mohamed Jelwni Mohamed, Judith Mwila. (rag) (Entered: 08/21/2001) 06/20/2001 575 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Joseph F. Bianco, dated 6/18/01 as to Mamdouh Mahmud Salim, request that the Court allow the following disclosures to the prosecution team in the embassy bombing case and the assault case, as well as the psychiatrist hired by the Government to examine defendant: the transcript of the proceeding before Magistrate Judge Eaton on 10/26/00 and the letters written by defendant to Your Honor...Permission Granted ( Signed by Judge Leonard B. Sand ); Copies mailed. (jb) (Entered: 06/21/2001) 06/20/2001 Status conference as to Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Special Hearing on Penalty Phase cont'd-Jury present-Swahili interpreter Beston Mwakaling present for witness Kulwa Rahadhani. (rag) (Entered: 08/21/2001) 06/21/2001 576 Filed Memo-Endorsement on letter addressed to Judge Sand from defense attorney Jashua L. Dratel, dated 6/17/01 as to Wadih El Hage, requesting the Court to order the dry cleaning bills as necessary for an adequate defense for defendant at trial....Application Granted ( Signed by Judge Leonard B. Sand ); Copies mailed. (jb) (Entered: 06/21/2001) 06/21/2001 577 ORDER as to Khalfan Khamis Mohamed, IT IS HEREBY ORDERED that the US Marshal's Service for the Southern District of NY shall pay the transportation, support, and fees for Shaima Dalvie. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ac) (Entered: 06/21/2001) 06/21/2001 Status conference as to Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Special Hearing on penalty Phase cont'd and adjourned to 6/25/01 at 9:30 a.m. Deft. cont'd detained. (rag) (Entered: 08/21/2001) 06/22/2001 578 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) (Entered: 06/22/2001) 06/22/2001 579 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) (Entered: 06/22/2001) 06/22/2001 580 SEALED DOCUMENT as to Usama Bin Laden (rp) (Entered: 06/22/2001) 06/25/2001 Special Penalty Phase Hearing continued as to Khalfan Khamis Mohamed held. Jury present. Defendant present with attorney David Ruhuke and David Stein, AUSA Patrick Fitzgerald and Michael Garcia. Swahili interpreter Charles Mironko and Laura Black present. (ph) (Entered: 07/06/2001) 06/26/2001 581 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 201/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, IT IS HEREBY ORDERED, that the United States Marshall's service for the Southern District of New York shall pay the transportation, support, and fees for Abin Dalvie. SO ORDERED. (Signed by Judge Leonard B. Sand); Copies mailed. (ja) (Entered: 06/26/2001) 06/26/2001 Special Penalty Phase Hearing continued as to Khalfan Khamis Mohamed held. Jury present. Government rests. (ph) (Entered: 07/06/2001) 06/27/2001 Penalty Phase Hearing continued as to Khalfan Khamis Mohamed held. Jury present. (ph) (Entered: 07/06/2001) 06/28/2001 Penalty Phase Hearing continued and adjourned to 7/2/01 as to Khalfan Khamis Mohamed held. 2:30 conference call held in chambers - all attorneys present and attorney Richard Lind on the telephone. Sealed proceeding on issue of Dr. Kleinman's report as to defendant Salim's mental competency and concluded. (ph) (Entered: 07/06/2001) 07/02/2001 Special Penalty Phase Hearing continued as to Khalfan Khamis Mohamed held. Jury present. Defendant's attorney reads (25) stipulations into the record as well as numerous records. Defendant Khalfan Khamis Mohamed rests. Government rebuttal case begins. No witnesses are called but stipulations are read to jury and numerour exhibits recorded. Government rests at 10:55 a.m. Government summation begins at 11:05 a.m. Defendant's summations begins at 2:25 p.m. Government rebuttal to 3:50 pm. and adjourned to 7/3/01. (ph) (Entered: 07/06/2001) 07/03/2001 Penalty Phase Hearing as to Khalfan Khamis Mohamed held. Court charges jury 9:45 a.m. Jury excused at 11:00 a.m. Deliberations begin 7/5/01. (ph) (Entered: 07/06/2001) 07/03/2001 582 Filed Memo-Endorsement on letter addressed to Judge Sand from Attorney Frederick H. Cohn, dated 6/21/01, as to deft Mohamed Rashed Daoud Al-'Owhali. Mr. Cohn writes to seek authorization on two administrative matters: (1) He requests that, although the death penalty is no longer applicable to his client, that his firm be continued at the rates heretofore set by the Court, $125 per hour for attorney time and $50 per hour for paralegal time. (Katie Tempone is presently working on loan to David Ruhnke but being billed through Mr. Cohn as per the Judge's permission in Court); (2) Mr. Baugh has given notice to his landlord that he intends to vacate by July 1. Mr. Cohn has no room for the many boxes of files and wish to engage a storage room where they will have access at minimal cost. That cost will probably not exceed $150 per month on a month to month basis plus the transportation. Authorization for such an expenditure is necessary for the preservation of the files; JUDGE ENDORSED - Granted as to writer's firm only. ( Signed on 6/26/02 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 05/08/2002) 07/05/2001 583 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) (Entered: 07/05/2001) 07/05/2001 Jury trial as to Khalfan Khamis Mohamed held. Jury deliberations begin as to deft Khalfan Khamis Mohamed on the Special Penalty Hearing. Deft present w/atty David Ruhnke and David Stern. AUSAs Fitzgerald and Garcia present - adjourn to 7/9/01. Deft continued remanded. ( Held before Judge Sand ) (bw) (Entered: 07/12/2001) 07/06/2001 584 TRANSCRIPT of record of proceedings as to Mohamed Suleiman Al Nalfi for dates of 5/23/01 before Judge Leonard B. Sand . (ph) (Entered: 07/06/2001) 07/09/2001 Jury trial as to Khalfan Khamis Mohamed held. Jury deliberations continued and adjourned https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 202/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 to 7/10. ( Held before Judge Sand ) (bw) (Entered: 07/12/2001) 07/10/2001 Jury trial as to Khalfan Khamis Mohamed concluded. Jury deliberations continued. Jury deliberations continued and concluded. Jury reaches a verdict on the Special Verdict Form of the Penalty Phase as to deft Khalfan Khamis Mohamed. "We, the jury, are unable to reach a unanimous verdict either in favor of a life sentence or in favor of a death sentence, for any of the capital counts. We understand that the consequence of this is that Khalfan Khamis Mohamed will be sentenced to life imprisonment without the possibility of release." (See attached Special Verdict Form). Deft remanded. ( Held before Judge Sand ) .... cont'd. PreSentence Investigation ordered as to deft Khalfan Khamis Mohamed. Sentence set for Sept. 19, 2001 at 10:30 a.m. (bw) Modified on 07/13/2001 (Entered: 07/12/2001) 07/10/2001 585 PENALTY PHASE, SPECIAL VERDICT FORM by U.S.A. as to Khalfan Khamis Mohamed. (bw) (Entered: 07/12/2001) 07/10/2001 Court Orders pre-sentence investigation as to Khalfan Khamis Mohamed. (bw) (Entered: 07/13/2001) 07/10/2001 ORAL ORDER as to Khalfan Khamis Mohamed . SET Sentencing for 10:30 a.m. 9/19/01 for Khalfan Khamis Mohamed. ( Entered Judge Leonard B. Sand ) (bw) (Entered: 07/13/2001) 07/17/2001 586 Filed Memo-Endorsement on letter dated 6/28/01, as to Mohamed Rashed Daoud, Al- 'Owhali, from: Frederick H. Cohn, counsel for defendant, to: Judge Sand, re: a request for authorization to retain the services of a psychiatrist for evaluative purposes in assisting the Probation Department in preparing a Presentence Investigation Report. Approved without Government objection. (Signed by Judge B. Sand); Copies mailed. (ja) (Entered: 07/17/2001) 07/17/2001 587 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) (Entered: 07/18/2001) 07/23/2001 588 MEMORANDUM OPINION # 85862 as to Khalfan Khamis Mohamed, For the foregoing reasons, Khalfan Khamis Mohamed's request that the Court direct the Government to discontinue its capital case against him is denied and his request that he be permitted to present the decision of the Constitutional Court of South Africa as a mitigating factor is granted to the extent set forth above. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) (Entered: 07/23/2001) 07/26/2001 589 LETTER filed by U.S.A. as to Mamdouh Mahmud Salim From AUSA Kenneth M. Karas, Dated June 29, 2001, Addressed to: Judge Sand Re: the Government's opposition, in response to the defendant's motion to suppress all statements made after his arrest in September 1998. (jb) (Entered: 07/26/2001) 07/26/2001 590 LETTER filed by Mamdouh Mahmud Salim as to Mamdouh Mahmud Salim From defense attorney Allan P. Haber, Dated July 20, 2001, Addressed to: Judge Sand Re: defendant's reply to the Government's June 29, 2001 opposition to the motion to suppress statements the defendant made to American and German officials following his arrest in 1998. (jb) (Entered: 07/26/2001) 08/02/2001 591 Filed Memo-Endorsement on letter addressed to Judge Sand from Attorney Joshua L. Dratel, dated 7/24/01, as to deft Wadih El Hage. This letter is submitted in regard to deft El- Hage's post-trial motions pursuant to Rules 29 and 33, Fed.R.Crim.P., in the above-entitled case. Presently, those motions are due by 7/30/01. Mr. Dratel requests that the time for submission of those motions be extended until 8/13/01; JUDGE GRANTED. ( Signed on 7/30/01 by Judge Leonard B. Sand ); Copies mailed. (bw) (Entered: 05/08/2002) 08/08/2001 592 ORDER as to Mohamed Suleiman Al Nalfi, that John H. Jacobs, Esq., be appointed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 203/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 pursuant to the Criminal Justice Act to represent Mr. al Nalfi in the above-referenced case nunc pro tunc to 2/1/01, and that Mr. Jacobs submit his requests for payment on a separate CJA voucher from that of co-counsel Marion Seltzer. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) (Entered: 08/09/2001) 08/09/2001 593 Filed Memo-Endorsement on letter addressed to Judge Sand from defense counsel Marion Seltzer, dated August 1, 2001 as to Mohamed Suleiman Al Nalfi, requesting an Order signed to reimburse the attorney for money spent for the delivery of a Arabic magazine and newspaper to the defendant....GRANTED (Signed by Judge Leonard B. Sand); Copies mailed. (jb) (Entered: 08/09/2001) 08/13/2001 594 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of February 20,21,22,26,27, 2001 before Judge Leonard B. Sand. (ph) (Entered: 08/13/2001) 08/13/2001 595 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of February 28, 2001 and March 1, 7, 8, 12, 2001 before Judge Leonard B. Sand. (ph) (Entered: 08/13/2001) 08/13/2001 596 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of May 3,7,8,9,10,11, 2001 before Judge Leonard B. Sand. (ph) (Entered: 08/13/2001) 08/13/2001 597 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of June 25, 26, 27, 28, 29, 2001 and July 2, 3, 5, 2001 before Judge Leonard B. Sand. (ph) (Entered: 08/13/2001) 08/13/2001 598 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi. Date of: January 31, 2001. (jb) Modified on 08/13/2001 (Entered: 08/13/2001) 08/13/2001 599 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 204/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of June 5,6,7,8,11,12,18,19,20,21, 2001. (jb) (Entered: 08/13/2001) 08/13/2001 600 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of April 25,26,30 2001 and May 1,2,3 2001. (jb) (Entered: 08/13/2001) 08/13/2001 601 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of December 12,14 2000. (jb) (Entered: 08/13/2001) 08/13/2001 602 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of February 5,6,7,13,14,15,16 2001. (jb) (Entered: 08/13/2001) 08/13/2001 603 TRANSCRIPT of record of proceedings (Hearing) as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of January 19, 2001. (jb) Modified on 08/13/2001 (Entered: 08/13/2001) 08/13/2001 604 TRANSCRIPT of record of proceedings (Voir Dire) as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of January 3,4,5,8,9,10,11,12,16 2001. (jb) Modified on 08/13/2001 (Entered: 08/13/2001) 08/13/2001 605 TRANSCRIPT of record of proceedings as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, Wadih El Hage for dates of March 13,14,19,20,21, 22, 2001 before Hon. Leonard Sand. (ac) Modified on 08/13/2001 (Entered: 08/13/2001) 08/13/2001 606 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of March 26,27,29, April 2,3,4,12, 2001 before Hon. Leonard Sand. (ac) Modified on 08/13/2001 (Entered: 08/13/2001) 08/13/2001 607 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of April 16,17,18,23,24, 2001 before Hon. Leonard Sand. (ac) (Entered: 08/13/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 205/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

08/13/2001 608 TRANSCRIPT of record of proceedings for dates of May 14,15,16,17,18,21,22,23,24,29,30,31 and June 4, 2001 as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed before Hon. Leonard Sand. (ac) (Entered: 08/13/2001) 08/16/2001 610 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, in light of the Government's position in their letter dated July 26, 2001, the Court's approval of the letter dated July 20, 2001, from Allen Haber, Esq., requesting document translation into Arabic, is hereby withdrawn pending further approval by the Court. (Signed by Judge Leonard B. Sand) Copies mailed. (jb) (Entered: 08/17/2001) 08/24/2001 612 Filed Memo-Endorsement on Notice of Motion, dated 8/24/01, as to Mamdouh Mahmud Salim denying [212-1] motion A) An Order pursuant to Rule of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and a pre-trial hearing upon the motion, mooting [212-2] motion B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so, denying [111-3] motion to suppress physical evidence and derivative fruits, [111- 4] motion to suppress alleged statement of accused, denying [111-5] motion to suppress evidence consisting of both in court and out of court identification. Endorsement Motion for suppressing denied per opinion this date. Motion for severance deemed as moot. SO ORDERED. (Signed by Judge Leonard B. Sand); Copies mailed. (ja) (Entered: 08/24/2001) 08/24/2001 613 MEMORANDUM OPINION # 86021 as to Mamdouh Mahmud Salim, for all of the foregoing reasons, Defendant Salim's motion to suppress is denied in its entirety. SO ORDERED. (Signed by Judge Leonard B. Sand ); Copies mailed. (ja) (Entered: 08/27/2001) 08/24/2001 614 POST-TRIAL MEMORANDUM OF LAW by Mohamed Rashed Daoud Al-'Owhali in support of the judgment of conviction should be vacated, the indictment dismissed, and all other relief deemed just and appropriate by this Court. (ja) (Entered: 08/28/2001) 08/24/2001 615 NOTICE OF MOTION IN SUPPORT OF DEFENDANT Mohamed Rashed Daoud Al- 'Owhali Post-Trial Motions Pursuant to Rules 29(c) & 33, FED.R.CRIM.P., AND FOR SUPPRESSION OF EVIDENCE. PLEASE TAKE NOTICE, that the Defendant Mohamed al-'Owhali will move before the Honorable Leonard B. Sand, United States District Judge for the Southern District of New York, at the United States Crthse located at 500 Pearl Street, New York on or about 9/19/00, at 9:30 a.m., or as soon thereafter as counsel may be heard, for the following relief: a judgment of acquital pursuant to Rule 29(c), Fed.R.Crim.P. ; a new trial pursuant to Rule 33, Fed.R.Crim.P. ; suppression of statements made Nairobi, Kenya, and/or an evidentiary hearing on the issue ; and leave to join his co-defendants' motion to the extent they benefit him; as well as for any such other and further relief as to the Court seems just and proper. join . Return date 9/19/00. (ja) (Entered: 08/28/2001) 08/30/2001 616 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of 12/11/00. (yv) Modified on 02/22/2002 (Entered: 08/30/2001) 08/30/2001 617 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of 1/2/01. (yv) Modified on 02/22/2002 (Entered: 08/30/2001) 08/30/2001 618 TRANSCRIPT of record of proceedings as to Mohamed Rashed Daoud Al-'Owhali for dates of 12/12/00. (yv) Modified on 02/22/2002 (Entered: 08/30/2001) 08/30/2001 619 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 12/15/00. (yv) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 206/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Modified on 02/22/2002 (Entered: 08/30/2001) 08/30/2001 620 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim, Mohamed Rashed Daoud Al-'Owhali for dates of 12/20/00. (yv) Modified on 02/22/2002 (Entered: 08/30/2001) 08/30/2001 621 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of 12/15/00. (yv) Modified on 02/22/2002 (Entered: 08/30/2001) 08/30/2001 622 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of 12/6/00. (yv) Modified on 02/22/2002 (Entered: 08/30/2001) 08/30/2001 623 TRANSCRIPT of record of proceedings as to Mohamed Rashed Daoud Al-'Owhali for dates of 11/13/00. (yv) Modified on 02/22/2002 (Entered: 08/30/2001) 08/30/2001 624 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim, Mohamed Rashed Daoud Al-'Owhali for dates of 12/20/00. (yv) Modified on 02/22/2002 (Entered: 08/30/2001) 09/04/2001 625 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Kenneth M. Karas, dated September 3, 2001 as to Wadih El Hage, Mohamed Rashed Daoud Al- 'Owhali, requesting the Court for permission to respond to the post-trial motions of defendant Hage and al-'Owhali by Friday, September 14, 2001...GRANTED (Signed by Judge Leonard B. Sand); Copies mailed. (jb) Modified on 02/22/2002 (Entered: 09/04/2001) 09/05/2001 626 Filed Memo-Endorsement on letter addressed to Judge Sand from defense counsel Allan P. Haber, dated August 14, 2001 as to Mamdouh Mahmud Salim, submitted in response to the Government's July 26, 2001 opposition letter, requesting immediate discovery and early translations into Arabic, so that the defendant can participate in his defense....Application DENIED without prejudice to renewal when a trial scheduling conference is held. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) Modified on 02/22/2002 (Entered: 09/05/2001) 09/24/2001 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Mamdouh Mahmud Salim, Mohamed Suleiman Al Nalfi ...that request for a 30-day exclusion from today, September 17, 2001, purs. to Title 18 U.S.C. Sec. 3161(h) (8) (A) is hereby granted for all criminal cases in which an indictment or information has been filed and is pending,..., Continuing due to extraordinary circumstances, time is excluded from 9/17/01 to 10/17/01 ( Signed by Chief Judge Michael B. Mukasey ); [Original filed in M10-468 Document No. 22] (ICMSUSER) (Entered: 10/02/2001) 09/25/2001 627 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) Modified on 02/22/2002 (Entered: 09/25/2001) 10/02/2001 628 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) Modified on 02/22/2002 (Entered: 10/02/2001) 10/02/2001 629 MEMORANDUM AND ORDER as to Wadih El Hage, Mohamed Rashed Daoud Al- 'Owhali denying [615-2] motion a new trial pursuant to Rule 33, Fed.R.Crim.P. as to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 207/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mohamed Rashed Daoud Al-'Owhali (4), denying [615-3] motion suppression of statements made Nairobi, Kenya, and/or an evidentiary hearing on the issue as to Mohamed Rashed Daoud Al-'Owhali (4). El-Hage's request for a hearing is also denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) Modified on 02/22/2002 (Entered: 10/02/2001) 10/02/2001 630 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) Modified on 02/22/2002 (Entered: 10/02/2001) 10/04/2001 631 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) Modified on 02/22/2002 (Entered: 10/04/2001) 10/09/2001 Pretrial Conference as to Mohamed Suleiman Al Nalfi held before Judge Leonard B. Sand. Deft Al Nalfi present w/ Atty's Marcia Seltzer and John Jacobs. AUSA's Ken Karas and Joseph Bianco. Arabic interpreter Andre Codouni present. Conference concluded. Further status conference 11/13/01 at 10:00am. Govt submits order excluding time from 10/9/01 to 11/13/01. Deft continued detained. (ac) (Entered: 10/10/2001) 10/09/2001 Status conference as to Mohamed Suleiman Al Nalfi set at 10:00 11/13/01 for Mohamed Suleiman Al Nalfi (ac) (Entered: 10/10/2001) 10/10/2001 632 ORDER as to Mohamed Suleiman Al Nalfi, pursuant to the Speedy Trial Act, 18 U.S.C. section 3161(h)(8)(A), all time running from 10/9/01 until 11/13/01 shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendants in a speedy trial, particularly in light of: (i) the voluminous discovery in this matter; (ii) the complexity of the case which involved an alleged international terrorism conspiracy spanning a number of years; (iii) the need to review classified material; and (iv) the need for defendant to consider and prepare future pre-trial motions, and the need to conduct any hearings on the same motions. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) Modified on 02/22/2002 (Entered: 10/10/2001) 10/11/2001 633 SEALED DOCUMENT as to Usama Bin Laden (rp) Modified on 02/22/2002 (Entered: 10/11/2001) 10/17/2001 Pre-Sentencing Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Deft. El Hage present with attorney's Sam Schmidt and Joshua Dratel. Deft. Al-'Owhali present with attorney's Frederick Cohn and Laura Gasiovowski. Deft. Odeh present with attorney's Anthony Ricco and Edward Wilford. Arabic Interpreters: Andrew Codouni, Aziz Ismail, Taufic Maged present. Conference held has to 1) contents of PreSentence Report. 2) issues related to Restitution 3) 3 point enhancements for role in offense and victim related adjustments, etc. All issues dealing with downward departures will be held on 10/18/01. All (3) deft's cont'd detained. (jb) (Entered: 10/19/2001) 10/18/2001 Sentencing held: Wadih El Hage (1) count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss- 289sssssss, 291sssssss-305sssssss. (bw) (Entered: 10/24/2001) 10/18/2001 DISMISSAL of Count(s) on Government Motion as to Wadih El Hage. Counts Dismissed: Wadih El Hage (1) count(s) 1ssssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1-8, 2ssssssss, 2sssssss, 2ssssss, 3ssssssss, 3ssssss, 4ssssssss, 4ssssss, 5ssssssss, 5ssssss, 6ssssssss, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 208/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 6sssssss, 6ssssss, 7ssssssss, 8ssssssss, 9ssssssss, 9-11, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 228sssss-235sssss, 228ssss-235ssss, 228sss-235sss, 228ss-235ss, 228s-235s, 235ssssssss-275ssssssss, 236sssss, 236ssss-238ssss, 236sss-238sss, 236ss- 238ss, 236s-238s, 237sssss, 238sssss, 245ssssss-264ssssss, 265ssssss-267ssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 290sssssss, 306ssssssss-308ssssssss, 306sssssss-308sssssss. (bw) (Entered: 10/24/2001) 10/18/2001 Sentencing held Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss (jb) (Entered: 10/25/2001) 10/18/2001 Sentencing held Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss (ac) (Entered: 10/25/2001) 10/18/2001 Sentencing held Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss- 281ssssss, 282ssssss, 284ssssss, 285ssssss. (ja) (Entered: 10/26/2001) 10/19/2001 634 ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed, Order of Restitution. The Court hereby, finds that although the above-named defendants are presently assumed to be without assets and will be subject to long terms of imprisonment, there is a reasonable possibility that they or some of them may generate income in the future from the sale to the media of accounts of their crimes, and there is a reasonable possibility that they or some of them may be found to own or have control of assets as yet undisclosed. As to the victims listed on the attached schedule and the U.S., it is hereby (i) ORDERED, ADJUDGED, AND DECREED that the above-named defendants jointly and severally pay restitutuion, in the amount set forth as the present value of lost income in the attached Schedule of Loss of Income, to the respective members of the victim's estate, or family member, as set forth in that schedule, and it is further (ii) ORDERED, ADJUDGED, AND DECREED that the above-named defendant's jointly and severally pay restitution to the U.S. in partial restitution for the August 1998 destruction of the embassies of the United States in Nairobi and Dar-es- Salaam in the amount of $26,300,000, and as provided in Section 3664(h)(i) all other victims shall receive restitution before the United States receives any restitution. Furthermore, it is hereby ORDERED, ADJUDGED AND DECREED that this Order of Restitution shall be without prejudice to the recovery of any other damages that any victim of the crimes committed by the above named defendants may seek in any other proceeding, which recoveries shall be credited against the amounts awarded hereunder; and it is further ORDERED ADJUDGED and DECREED that each defendant shall notify the Court and the Attorney General of any material change in his economic circumstances that might affect the defendant's ability to pay restitution. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) Modified on 02/22/2002 (Entered: 10/19/2001) 10/19/2001 635 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Pursuant to prior Orders of this Court, there were purchased with government funds, sixteen (16) laptop computers, fourteen (14) of which were loaned to the individuals listed on Exhibit "A" attached hereto. These computers are now to be turned over to Frederick H. Cohn, Esq. who turn to deliver them to Leonard Joy, the Public Defender, except that Allan Haber and Irving Cohen may continue to hold said computers during their representation of Defendant Salim. These computers are, amd at all relevant times have been, and will remain the property of the United States Government. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) Modified on 02/22/2002 (Entered: 10/19/2001) 10/19/2001 636 NOTICE OF APPEAL by Mohamed Rashed Daoud Al-'Owhali ; from ; the Judgment https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 209/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 entered in this action on 10/18/01. Copies mailed to the attorneys of record: A.U.S.A. * (CJA)*. (rmo) Modified on 02/22/2002 (Entered: 10/19/2001) 10/19/2001 Notice of Appeal with copy of order/judgment and two copies of docket entries as to Mohamed Rashed Daoud Al-'Owhali transmitted to USCA re: [636-1] appeal on 10/19/01. (rmo) Modified on 02/22/2002 (Entered: 10/19/2001) 10/22/2001 637 FILED JUDGMENT in a Criminal Case (S7-98-Cr-1023-01). Defendant present with attorney Sam A. Schmidt and Joshua L. Dratel. Defendant Wadih El Hage (1) was found guilty on count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss after a plea of not guilty. All Open Counts of Indictments' are dismissed on the motion of the United States. The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total of LIFE IMPRISONMENT on counts 1 and 3; TWENTY(20) YEARS on count 5, to run concurrently with counts 1 and 3; FIVE(5) YEARS on counts 287,288,289 and 291 thru 305 to run concurrently with each other and concurrently to counts 1,3 and 5. Defendant notified of right to appeal conviction and sentence. The defendant is remanded to the custody of the United States Marshal. Upon release from imprisonment, the defendant shall be on supervised release for a term of FIVE(5) YEARS on counts 1 and 3, and THREE(3) YEARS on counts 5,287,288,289 and counts 291 thru 305. All terms to run concurrently with each other. The above drug testing condition (p.3 of judgment) is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921. The defendant shall pay an assessment of $2,100.00 in full immediately. The defendant shall pay a restitution in the amount of $33,816,561.75. Special instructions regarding the payment of criminal monetary penalties: Defendant to make restitution as directed by Order of this Court dated 10/18/01.; Judgment and Commitment issued to U.S. Marshal. ( Signed by Judge Leonard B. Sand ). [ copy of Order of Restitution, dated 10/18/01, attached ]. Docketed as a Judgment, #01,1901, on 10/24/01. (bw) Modified on 02/22/2002 (Entered: 10/24/2001) 10/22/2001 DISMISSAL of Count(s) on Government Motion as to Khalfan Khamis Mohamed Counts Dismissed: Khalfan Khamis Mohamed (8) count(s) 1ssssss, 1sssss, 1sss, 1ss, 1s, 1, 2ssssss, 3ssssss, 3sssss, 3sss, 3ss, 3s, 3, 4ssssss, 4sssss, 4sss, 5ssssss, 5sssss, 5sss, 6ssssss, 6sssss, 6ssss, 6sss, 7ssssss, 7sss-8sss, 8ssssss, 8sssss, 9ssssss, 9sss-10sss, 10ssssss, 10sssss, 11ssssss-223ssssss, 11sss-233sss, 217ss-227ss, 217s-227s, 217-227, 224ssssss-234ssssss, 224sssss-234sssss, 234sss-235sss, 235ssssss-275ssssss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, 276ssssss, 277ssssss-278ssssss, 277sssss-279sssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 283sssss, 284ssssss, 284sssss, 285ssssss, 286ssssss, 286sssss, 287ssssss-305ssssss, 306ssssss-308ssssss (jb) (Entered: 10/25/2001) 10/22/2001 638 FILED JUDGMENT in a CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). Defendant Khalfan Khamis Mohamed (8) was found GUILTY on count(s) 1ssss, 3ssss, 4ssss, 5ssss, 8ssss, 10ssss, 224ssss thru 234ssss, 277ssss, 278ssss, 279ssss, 283ssss, 284ssss and 286ssss. Special Assessment: $2,300.00, due immediately. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278, 279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. On the remaining indictments, Deft. Khalfan Khamis Mohamed (8); open count(s) 1ssssss, 1sssss, 1sss 1ss, 1s, 1, 2ssssss, 3sss, on all (S) Indictments are dismissed on the motion of the United States. The defendant is remanded to the custody of the United States Marshal. The drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm. The defendant https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 210/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 shall comply with the directives of the Immigration and Naturalization Service and the Immigration Laws. The defendant is to make restitution as directed by ORDER of this Court dated October 18, 2001. The defendant is to pay restitution jointly and severally to the United States Government in partial restitution for destruction of U.S. embassies in South Africa; and to the victims' family members, in the total amount of $33,816,561.75. Defendant is notified of his right to appeal conviction and sentence. Judgment and Commitment issued to U.S. Marshal. Docketed as a judgment #01,1921 on 10/26/01. (Signed by Judge Leonard B. Sand). (jb) Modified on 02/22/2002 (Entered: 10/25/2001) 10/23/2001 639 Filed Memo-Endorsement on letter to Judge Sand dated 10/19/01 from Sam A. Schmidt as to Wadih El Hage, requesting permission to continue to retain the laptop computers provided to assist in the defense in the above case...Permission granted to retain laptop computers for use on appeal. Permission deferred on request to continue representation. Must submit a proposed order. So ordered. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) Modified on 02/22/2002 (Entered: 10/24/2001) 10/23/2001 DISMISSAL of Count(s) on Government Motion as to Mohamed Rashed Daoud Al- 'Owhali, Counts Dismissed: Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssssss, 1sssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 2ssssssss, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3ssssssss, 3sssssss, 3sssss, 3ssss, 3sss, 4ssssssss, 4sssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss- 216ss, 4s-227s, 4-227, 5ssssssss, 5sssssss, 5sssss, 6ssssssss, 6sssssss, 6ssssss, 6sssss, 7ssssssss, 7sssssss, 7sssss-8sssss, 8ssssssss, 8sssssss, 8ssssss, 9ssssssss, 9sssssss, 9sssss- 10sssss, 10ssssssss, 10sssssss, 10ssssss, 11ssssssss-223ssssssss, 11sssssss-223sssssss, 11sssss-233sssss, 217ssss-227ssss, 217sss-227sss, 217ss-227ss, 224ssssssss-234ssssssss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235ssssssss-275ssssssss, 235sssssss-275sssssss, 236sssss-237sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, 276sssssss, 277ssssssss-278ssssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssssss, 279ssssss, 280ssssssss-281ssssssss, 280sssssss-282sssssss, 283ssssssss, 283sssssss, 283ssssss, 284ssssssss, 285ssssssss, 285sssssss, 286ssssssss, 286sssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss. (ja) Modified on 02/22/2002 (Entered: 10/26/2001) 10/23/2001 640 FILED JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). The defendant Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssssss, 1sssssss, 1sssss, 1ssss, 1sss, 1ss, 1, 2ssssssss, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3ssssssss, 3sssssss, 3sssss, 3ssss, 3ss, 4ssssssss, 4sssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s-227s, 4-227, 5ssssssss, 5sssssss, 5sssss, 6ssssssss, 6sssssss, 6sssssss, 6sssss, 7ssssssss, 7sssssss, 7sssss-8sssss, 8ssssssss, 8sssssss, 8ssssss, 9ssssssss, 9sssssss, 9sssss- 10sssss, 10ssssssss, 10sssssss, 10ssssss, 11ssssssss-223ssssssss, 11sssssss-223sssssss, 11sssss-233sssss, 21ssss-227ssss, 217sss-227sss, 217ss-227ss, 224ssssssss-234ssssssss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235ssssssss-275ssssssss, 235sssssss-275sssssss, 236sssss-237sssss, 240sssss-241sssss, 242sssss, 243sssss-24sssss, 276sssssss, 277ssssssss-278ssssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssssss, 279ssssss, 280ssssssss-281ssssssss, 280sssssss-282sssssss, 283ssssssss, 283sssssss, 283ssssss, 284ssssssss, 285ssssssss, 285sssssss, 286ssssssss, 286sssssss, 287ssssssss-305ssssssss 306ssssssss-308ssssssss. All Open Counts on All (s) Indictments are dismissed on the motion of the United States. The defendant Mohamed Rashed Daoud Al-'Owhali (4) was found guilty on count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss thru 223ssssss, 235ssssss thru 275ssssss, 276ssssss, 280ssssss, 281ssssss, 282ssssss, 284ssssss, 285ssssss after a plea of not guilty. The defendant is sentenced as provided in pages 2 through 6 of this judgment. This sentence is imposed pursuant to the Sentencing Reform Act of 1984. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,7,9,11 thru 223, 235, thru 275, 276, 280, 281, 282 to be followed by a mandatory TEN (10) Years imprisonment on count 284 to be served CONSECUTIVELY to the above referenced counts, followed by a mandatory minimum of THIRTY (30) Years imprisonment on count 285 to be served CONSECUTIVELY to the above-referenced counts. Defendant notified of right to appeal conviction and sentence. The defendant is remanded to the custody of the United States Marshal. Supervised Release: 5 Years on counts 1,3,4,5,9,11 thru 223, 235 thru 275,276,280,281,282 and 285 and three (3) years on count 284. All counts to run consecutively with each other. SPECIAL CONDITION OF SUPERVISED RELEASE: 1) defendant shall comply with directives of the Immigration https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 211/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 and Naturalization Service and the immigration laws. The above drug testing condition is suspended based on the courts determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm as defined in 18 U.S.C. Sec. 921. Assessment: $26,600.00 which shall be due in full immediately. Restitution: $33,816,561.75. Judgment and Commitment issued to U.S. Marshal. (Signed by Judge Leonard B. Sand). Docketed as a Judgment, #01,1968, on 10/30/01. (ja) Modified on 02/22/2002 (Entered: 10/26/2001) 10/24/2001 DISMISSAL of Count(s) on Government Motion as to Mohamed Sadeek Odeh Terminated motions: Counts Dismissed: Mohamed Sadeek Odeh (3) count(s) 1ssssssss, 1sssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 2ssssssss, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3ssssssss, 3sssssss, 3sssss, 3ssss, 3sss, 4ssssssss, 4sssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s- 227s, 4-227, 5ssssssss, 5sssssss, 5sssss, 6ssssssss, 6sssssss, 6ssssss, 6sssss, 7ssssssss, 7sssssss, 7sssss-8sssss, 8ssssssss, 8sssssss, 8ssssss, 9ssssssss, 9sssssss, 9sssss-10sssss, 10ssssssss, 10sssssss, 10ssssss, 11ssssssss-223ssssssss, 11sssssss-223sssssss, 11sssss- 233sssss, 217ssss-227ssss, 217sss-227sss, 217ss-227ss, 224ssssssss-234ssssssss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235ssssssss-275ssssssss, 235sssssss-275sssssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, 276ssssssss, 276sssssss, 277ssssssss-278ssssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssssss, 279ssssss, 280ssssssss-281ssssssss, 280sssssss- 282sssssss, 282ssssssss, 283ssssssss, 283sssssss, 283ssssss, 284ssssssss, 284sssssss, 285ssssssss, 285sssssss, 286ssssssss, 286sssssss, 286ssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss (ac) (Entered: 10/25/2001) 10/24/2001 641 FILED JUDGMENT IN A CRIMINAL CASE (For offenses committed on or after Nov 1, 1987). Deft Mohamed Sadeek Odeh (3) was found guilty on count(s) 1,3,4,5,7,9, 11 thru 223, 235 thru 275, 276, 280, 281, 282, 284, 285. All open counts on all (S) Indictments are dismissed on the motion the United States. Special Assessment: $26,600.00 due immediately. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. The Deft is remanded to the custody of the US Marshal. The above drug testing conditions are suspended based on the Court's determination that the Deft poses a low risk of future substance abuse. The Deft shall not possess a firearm. The Deft shall make restitution in the amount of $33,816,561.75. The Deft shall make restitution to the following payees in the amounts listed below: Victims family members-$7,516,561.00; United States Government-$26,300,000.00. Deft to make restitution as directed by order of this Court dated 10/18/01. Judgment and Commitment issued to U.S. Marshal. Docketed as a Judgment #01,1967 on 10/30/01. ( Signed by Judge Leonard B. Sand ) (ac) Modified on 02/22/2002 (Entered: 10/25/2001) 10/24/2001 642 NOTICE OF APPEAL by Mohamed Sadeek Odeh Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss; from; the judgment entered in this action on 10/18/01. Copies mailed to attorney(s) of record: A.U.S.A. *(Filed by CJA)*. (sb) Modified on 02/22/2002 (Entered: 10/29/2001) 10/25/2001 643 Filed Memo-Endorsement on letter dated 10/23/01 from Frederick Cohen to Judge Sand as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, requesting that there be no charge for a copy of the docket of the above captioned case. ...No charge shall be imposed for copying of the docket as above requested...So Ordered. Signed by Judge Leonard B. Sand ); Copies mailed. (ac) Modified on 02/22/2002 (Entered: 10/29/2001) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 212/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 10/25/2001 644 NOTICE OF APPEAL by Wadih El Hage Wadih El Hage (1) count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss; from; the judgment entered in this action on 10/18/01. Copies mailed to attorney(s) of record: A.U.S.A. *(CJA)*. (sb) Modified on 02/22/2002 (Entered: 10/29/2001) 10/25/2001 Notice of Appeal with copy of order/judgment and two copies of docket entries as to Wadih El Hage transmitted to USCA re: [644-1] appeal on 10/29/01. (sb) Modified on 02/22/2002 (Entered: 10/29/2001) 10/26/2001 645 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) Modified on 02/22/2002 (Entered: 10/26/2001) 10/29/2001 Notice of Appeal with copy of order/judgment and two copies of docket entries as to Mohamed Sadeek Odeh transmitted to USCA re: [642-1] appeal on 10/24/01. (sb) Modified on 02/22/2002 (Entered: 10/29/2001) 11/01/2001 646 NOTICE OF APPEAL by Khalfan Khamis Mohamed Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss; from; the judgment entered in this action on 10/22/01. Copies mailed to attorney(s) of record: Kenneth M. Karis, A.U.S.A. *(CJA)*. (sb) Modified on 02/22/2002 (Entered: 11/05/2001) 11/05/2001 Notice of Appeal with copy of order/judgment and two copies of docket entries as to Khalfan Khamis Mohamed transmitted to USCA re: [646-1] appeal on 11/5/01. (sb) Modified on 02/22/2002 (Entered: 11/05/2001) 11/13/2001 647 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) Modified on 02/22/2002 (Entered: 11/13/2001) 11/13/2001 648 ORDER as to Mohamed Suleiman Al Nalfi, to Continue in Interests of Justice time is excluded from 11/13/01 to 11/20/01, pursuant to the Speedy Trial Act, 18 U.S.C., Sec. 3161(h)(8)(A). (Signed by Judge Leonard B. Sand); Copies mailed. (ja) Modified on 02/22/2002 (Entered: 11/14/2001) 11/19/2001 USCA Case Number as to Wadih El Hage Re: [644-1] appeal USCA NUMBER: 01-1535 L, 01-1550 con, 01-1553 con, 01-1571 con. (sb) Modified on 02/22/2002 (Entered: 11/19/2001) 11/20/2001 Status conference as to Mohamed Suleiman Al Nalfi held before Judge Leonard B. Sand. Deft. Al Nalfi present with attorney Marion Seltzer. AUSA Joseph Bianco present. Arabic Interpreter Andre Codouni present. Status conference held and concluded. Further conference 1/3/02 at 10am. Gov't submit order excluding time through 1/3/02. Deft. cont'd remanded. (jb) (Entered: 11/26/2001) 11/21/2001 649 ORDER as to Mohamed Suleiman Al Nalfi, ORDERED that pursuant to the Speedy Trial Act, 18 U.S.C. section 3161(h)(8)(A), all time running from 11/20/01 to 1/3/02, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interest of the public and the defendant in a speedy trial, particularly in light of: (i) the voluminous discovery in this matter; (ii) the complexity of the case which involves an alleged international terrorism conspiracy spanning a number of years; (iii) the need to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 213/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 review classified material; and (iv) the need for defendant to consider and prepare further pre-trial motions, and the need to conduct any hearings on the same motions. . ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) Modified on 02/22/2002 (Entered: 11/26/2001) 12/04/2001 650 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of 10/17/01, before Judge Leonard B. Sand . (moc) Modified on 02/22/2002 (Entered: 12/04/2001) 12/04/2001 651 TRANSCRIPT of record of proceedings as to Mohamed Suleiman Al Nalfi for dates of 10/3/01 at 10:15 a.m., before Judge Leonard B. Sand. (jco) Modified on 02/22/2002 (Entered: 12/04/2001) 12/12/2001 652 Filed Memo-Endorsement on letter dated 12/12/01 from Frederick Cohen to Judge Sand as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Requesting authorization to review the sealed records for purposes of appeal. ...Authorization granted as requested. So Ordered. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ac) Modified on 02/22/2002 (Entered: 12/12/2001) 01/08/2002 653 ORDER as to Mohamed Suleiman Al Nalfi, to Continue in Interests of Justice time is excluded from 1/3/02 to 1/15/02 ( Signed by Judge Leonard B. Sand ); Copies mailed. (ac) Modified on 02/22/2002 (Entered: 01/09/2002) 01/09/2002 654 Filed Memo-Endorsement on letter addressed to Judge Sand from defense counsels John H. Jacobs and Marion Seltzer, dated January 6, 2002 as to Mohamed Suleiman Al Nalfi, requesting that CJA attorney Joshua Dratel be assisgned to assist, in regard to legal motions and not as trial counsel...Application to assign Joshua Dratel is DENIED in light of Mr. Daniel's representation of Mr. El Hage, conference presently scheduled for 1/15/02 is cancelled pending reassignment of case. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) Modified on 02/22/2002 (Entered: 01/10/2002) 01/14/2002 655 SECOND ORDER OF RESTITUTION as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, ORDERS, ADJUDGES AND DECREES that the above-named defendants jointly and severally pay restitution to each individual victim set forth in the attached Partial Schedule of Restitution-Surviving Victims, in the amount set forth in that Schedule , and further ORDERS, ADJUDGES AND DECREES that the above-named defendants jointly and severally pay restitution to the United States of America in the total amount of $29,905,526.49 for expenditures made by the agencies specified in the accompanying Partial Schedule of Restitution-U.S. agencies on behalf of surviving victims, and as provided in section 3664(i) all other victims shall receive restitution before the United States receives any restitution; and further INCORPORATES the provisions of paragraphs I.C and II of its 10/18/01, Order of Restitution regarding the procedures by which restitution is to be made. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) Modified on 02/22/2002 (Entered: 01/15/2002) 01/14/2002 656 Filed Memo-Endorsement on REPORT AND RECOMMENDATION TO THE HONORABLE LEONARD B. SAND, by Magistrate Judge Gorenstein, dated January 3, 2002 as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Mohamed, The Court should adopt in full the annexed proposed Second Order of Restitution. Because the statutory deadline for issuing an order of restitution is January 16, 2002, the defendants are instructed that any objections to this Report and Recommendation should be presented to Judge Sand (with copies to the undersigned) as soon as possible and in any event no later than January 10, 2002....Adopted and approved without objection. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) Modified on 02/22/2002 (Entered: 01/15/2002) 01/14/2002 657 APPLICATION FOR SECOND ORDER OF RESTITUTION by U.S.A., as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 214/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mohamed. By this Applicaiton the Government seeks entry of a Second Order of Restitution pursuant to 18 U.S.C., Sec. 3663A(b) for the benefit of: (a) persons it has identified as victims who survived the bombings of the United States Embassies in Kenya and Tanzania in August 1988 for...; and (b) United States Government agencies that provide financial and other assistance to surviving victims of the bombings, and which also are entitled to restitution under Secs. 3663A and 3664. WHEREFORE the Government respectfully requests that an order of restitution in the form proposed herewith be entered by the Court. (ja) Modified on 02/22/2002 (Entered: 01/15/2002) 01/22/2002 658 ORDER as to Mohamed Suleiman Al Nalfi, that pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(8)(A), all time running from January 17, 2002, until February 15, 2002, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendant in a speedy trial, particularly in light of: (1) the voluminous discovery in this matter; (ii) the complexity of the case which involves an alleged international terrorism conspiracy spanning a number of years; (iii) the need to review classified material; and (iv) the need for defendant to consider and prepare further pre-trial motions, and the need to conduct any hearings on the same motions. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) Modified on 02/22/2002 (Entered: 01/22/2002) 01/23/2002 CASE Reassignment to Judge Kevin T. Duffy (jol) (Entered: 01/29/2002) 01/25/2002 659 SEALED DOCUMENT as to Wadih El Hage ,khalfan khamis mohamed,daoud al-owhali, mohamed odeh. (js) Modified on 02/22/2002 (Entered: 01/25/2002) 02/05/2002 660 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim for dates of 11/21/01, before Judge Leonard B. Sand . (yv) Modified on 02/22/2002 (Entered: 02/05/2002) 02/19/2002 661 ORDER as to Mohamed Suleiman Al Nalfi. It is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), all time running from 2/15/02, until 2/25/02, shall be excluded from the time within which trial must commence in the above- captioned case. ( Signed on 2/15/02 by Judge Kevin T. Duffy ); Copies mailed. (bw) Modified on 02/22/2002 (Entered: 02/20/2002) 02/19/2002 662 Judgment Returned Executed as to Mohamed Rashed Daoud Al-'Owhali ; on 12/14/01 (ac) Modified on 02/22/2002 (Entered: 02/20/2002) 02/19/2002 663 Judgment Returned Executed as to Mohamed Sadeek Odeh ; on 12/14/01 (jb) Modified on 02/22/2002 (Entered: 02/20/2002) 02/19/2002 664 Judgment Returned Executed as to Wadih El Hage; on 12/14/01. (ja) Modified on 02/22/2002 (Entered: 02/21/2002) 02/25/2002 Pretrial Conference as to Mohamed Suleiman Al Nalfi held before Judge Kevin T. Duffy. Deft Ali Nalfi present w/atty Marion Seltzer. AUSA present Joseph F. Bianco & Ken Karas. Next conference to be held in May 2002. Deft continued remanded. Time excluded. (bw) (Entered: 03/01/2002) 03/18/2002 665 SEALED DOCUMENT as to Usama Bin Laden (js) (Entered: 03/18/2002) 04/17/2002 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mohamed Suleiman Al Nalfi : Appointment of Attorney Joshua L. Dratel . ( Signed by Judge Kevin T. Duffy ) (moc) (Entered: 05/01/2002) 04/18/2002 666 ORDER as to Mohamed Suleiman Al Nalfi. Attorney Joshua Dratel is hereby appointed as co-counsel for Mohamed Al Nalfi on a compensated basis under the Criminal Justice Act, 18 U.S.C. Section 3006A, in the above-captioned matter. ( Signed on 4/17/02 by Judge Kevin T. Duffy ); Copies mailed. (bw) (Entered: 04/19/2002) 05/07/2002 667 SEALED DOCUMENT as to Usama Bin Laden (wv) (Entered: 05/07/2002) 05/22/2002 669 File notice that the record on appeal as to Mohamed Rashed Daoud Al-'Owhali has been certified and transmitted to USCA on 5/22/02 [636-1] appeal. (sb) (Entered: 05/28/2002) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 215/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 05/23/2002 668 File notice that the record on appeal as to Wadih El Hage has been certified and transmitted to USCA on 5/23/02 [644-1] appeal., (sb) (Entered: 05/28/2002) 06/05/2002 670 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (js) (Entered: 06/05/2002) 06/10/2002 671 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) (Entered: 06/10/2002) 07/12/2002 672 Stipulation as to Mohamed Rashed Daoud Al-'Owhali, It is Hereby Stipulated and Agreed by and between the United States of America, by James B. Comey, United States Attorney for the Southern District of New York, Kenneth Karas, of counsel and the defendant, Mohamed Rashid Daoud al-'Owhali, with the consent of his attorneys, as follows: 1. The documents listed on attached Exhibit A shall be unsealed. 2. The documents listed on attached Exhibit B shall be supplemented into the certified trial record. (Signed by Judge Kevin T. Duffy); Copies mailed. (jb) (Entered: 07/15/2002) 09/17/2002 673 Stipulation as to Wadih El Hage, IT IS HEREBY STIPULATED and AGREED by and between the United States of America, by James B. Comey, United States Attorney for the Southern District of New York, Kenneth Karas, of counsel and the defendant, Wadih El- Hage, with the consent of his attorneys, Sam A. Schmidt and Joshus L. Dratel, as follows: (1) The Record on Appeal shall be supplemented to include the documents listed on attached Exhibit A (Letters from El-Hage's Counsel), Exhibit B (Government Trial Exhibits), and Exhibit C (El-Hage Trial Exhibits). ( Signed by Judge Leonard B. Sand on 9/17/02). (ph) (Entered: 09/18/2002) 10/03/2002 676 ORDER as to Wadih El Hage, IT IS HEREBY ORDERED that with respect to the documents included in Exhibit A (Letters from El-Hage's Counsel) to the September 17, 2002, Stipulation supplementing the Record in this case, those documents that were initially filed with the District Court under seal (and are so marked, "FILED UNDER SEAL," above the addressee), shall remain under seal. , and IT IS HEREBY ORDERED that Exhibit A itself be placed under seal as well. ( Signed by Judge Leonard B. Sand on 10/3/02); (ph) (Entered: 10/08/2002) 10/04/2002 675 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) (Entered: 10/04/2002) 10/08/2002 674 File notice that the 1st Supplemental record on appeal as to Wadih El Hage has been certified and transmitted to USCA on 10/8/02 [644-1] appeal. (dt) Modified on 10/08/2002 (Entered: 10/08/2002) 01/22/2003 677 NOTICE OF INTENT to File An Information by U.S.A. as to Mohamed Suleiman Al Nalfi (ph) (Entered: 02/05/2003) 01/22/2003 678 WAIVER OF INDICTMENT by Mohamed Suleiman Al Nalfi. (ph) (Entered: 02/05/2003) 01/22/2003 679 (S11) SUPERSEDING INFORMATION as to Mohamed Suleiman Al Nalfi (23) count(s) 1s. [ microfilm 2/4/03 3pm ] (ph) Modified on 02/06/2003 (Entered: 02/05/2003) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 216/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/31/2003 Arraignment as to Mohamed Suleiman Al Nalfi held Mohamed Suleiman Al Nalfi (23) count(s) 1s before Judge Kevin T. Duffy. Defendant Mohammed Suleiman Al Nalfi present with attorney Marion Seltzer. AUSA present Leslie Brown and Joesph Bianco. Defendant pleads guilty as charged. Sentence date set for 2/20/03 at 10:00 p.m. Defendant continued remanded. (ph) (Entered: 02/05/2003) 01/31/2003 PLEA entered by Mohamed Suleiman Al Nalfi . Court accepts plea. Guilty: Mohamed Suleiman Al Nalfi (23) count(s) 1s (ph) (Entered: 02/05/2003) 01/31/2003 Sentencing set for 10:00 2/20/03 for Mohamed Suleiman Al Nalfi, Mohamed Suleiman Al Nalfi (23) count(s) 1s. (ph) (Entered: 02/05/2003) 02/20/2003 Sentencing held: Mohamed Suleiman Al Nalfi (23) count(s) 1s. (bw) (Entered: 02/24/2003) 02/20/2003 DISMISSAL of Count(s) on Government Motion as to Mohamed Suleiman Al Nalfi. Counts Dismissed: Mohamed Suleiman Al Nalfi (23) count(s) 1, 3, 5, 6. (bw) (Entered: 02/24/2003) 02/21/2003 680 SEALED DOCUMENT as to Mohamed Suleiman Al Nalfi (wv) (Entered: 02/21/2003) 02/21/2003 681 FILED JUDGMENT in a Criminal Case (S11-98-Cr-1023). Defendant's Attorney: Marion Seltzer. Defendant Mohamed Suleiman Al Nalfi (23) pleaded guilty to count(s) 1s. The underlying indictment is dismissed on the motion of the United States. The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.; The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total of 121 MONTHS. The court makes the following recommendations to the Bureau of Prisons: The deft is to kept in the general population. The deft is to be placed in a facility in the Northeast Region or as close to New York as possible.; The defendant is remanded to the custody of the United States Marshal.; Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 YEARS. The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921.; The defendant shall pay an assessment of $100.00.; Judgment and Commitment issued to U.S. Marshal. ( Signed by Judge Kevin T. Duffy ). [ microfilm 2/24/03 12pm ] Docketed as a judgment #02, 0358 on 2/25/03. (bw) Modified on 02/26/2003 (Entered: 02/24/2003) 03/04/2003 682 TRANSCRIPT of record of proceedings as to Mohamed Suleiman Al Nalfi (23) for date of 1/31/03, before Judge Kevin T. Duffy. (bw) (Entered: 03/04/2003) 03/17/2003 683 True Copy of Order from USCA as to Wadih El Hage, Khalfan Khamis Mohamed, Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh Re: USCA Nos. 01-1535(L), 01-1550(CON), 01-1553(CON), 01-1571(CON); Wadih El-Hage moves, on behalf of himself and his co-defts-co-appellants, for this Court to remand this matter to the district court, so that they may file motions pursuant to Fed.R.Crim.P. 33. Upon due consideration, it is ORDERED that the motion is denied. It is FURTHER ORDERED that El-Hage's alternative motion for a four-month extension of time in which to file appellate briefs is granted, upon the consent of the Govt. A new briefing schedule, reflecting the extension of time, will be issued by the Clerk's Office forthwith. [ Certified: 3/12/03 ] (bw) (Entered: 03/18/2003) 04/02/2003 684 TRANSCRIPT of record of proceedings as to Mohamed Suleiman Al Nalfi for dates of February 20, 2003, before Judge Kevin T. Duffy . (dt) (Entered: 04/02/2003) 05/12/2003 686 (S12) SUPERSEDING INDICTMENT as to Jamal Ahmed Mohammed Ali Al-Badawi (24) count(s) 1, 2-18, 19, 20-36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50-51, Fahd Al-Quso count(s) 1, 2-18, 19, 20-36, 37, 39, 40, 42, 43, 45, 46, 47, 50-51. [ microfilm 5/13/03 12pm ]; refer to Oral Order on 5/15/03 unsealing this Superseding Indictment. (ph) Modified on 06/10/2003 (Entered: 05/20/2003) 05/15/2003 685 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 217/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) (Entered: 05/15/2003) 05/15/2003 ORAL ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso . The 12th Superseding Indictment is hereby unsealed. ( Entered by Judge Kevin T. Duffy ). [ refer to doc.#686 ] (bw) Modified on 06/03/2003 (Entered: 06/03/2003) 06/10/2003 Payment of Fine by Mohamed Suleiman Al Nalfi in the amount of $100.00: Date Received: 6/9/03. (mn) (Entered: 06/10/2003) 07/18/2003 687 ORDER as to Ali Mohamed, the movant, Thomas E. Burnett, Sr., seeks by this motion to unseal a plea agreement in U.S. V. Ali A. Mohammed, 98-cr-1023. The application is denied. All of the documents, which I have unsealed are to be returned to the Clerk's Office vault and resealed. ( Signed by Judge Kevin T. Duffy ); Copies mailed to counsel of record on 7/17/03 by Chambers. [Microfilmed on 7/18/03 at 3:00 p.m.] (ph) (Entered: 07/22/2003) 09/24/2003 688 Filed Memo-Endorsement on letter: addressed to Judge Sand from Attorney Frederick H. Cohn, dated 9/22/03, filed by deft Mohamed Rashed Daoud Al-'Owhali. Mr. Cohn informs the Judge that in order to complete the appendix one document has to be unsealed, copied and resealed in order that it may be placed in the sealed appendix. That document is the Judge's 1/5/01 Memorandum and Order relating to deft al-'Owhali's motion to compel discovery; JUDGE ENDORSED - Respectfully referred to Hon. Kevin T. Duffy. ( Signed on 9/23/03 by Judge Leonard B. Sand ). [ microfilm 9/24/03 12pm ] (bw) (Entered: 09/26/2003) 01/27/2004 689 MANDATE of USCA (certified copy) as to Khalfan Khamis Mohamed re: 646 Notice of Appeal - Final Judgment, USCA Case Number 01-1535(L). The defendant hereby withdraws his Notice of Appeal filed 11/6/01 with prejudice. Certified: 1/21/04. (ph, ) (Entered: 01/30/2004) 02/02/2004 690 ENDORSED LETTER as to (S7-98-Cr-1023- ) Ibrahim Eidarous, Adel Abdel Bary, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz addressed to Judge Duffy from AUSA Robin A. Linsenmayer dated 12/17/03. The Govt submitted this letter in order to propose a schedule concerning the submission of briefing in response to the defts' Post-Trial Motions, pursuant to Rule 33. The parties propose that the Govt submits its response to the Court by 1/30/04, and that the defense submit any reply by 2/13/04; JUDGE OK. (Signed by Judge Kevin Thomas Duffy). [ microfilm 2/3/04 9am ] (bw, ) (Entered: 02/04/2004) 04/28/2004 692 MEMORANDUM in Opposition by UNITED STATES OF AMERICA as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali re 615 Motion for New Trial (jw, ) (Entered: 04/29/2004) 04/28/2004 693 Exhibits to Government's Memorandum of Law in Opposition to the Defendant's Motion for a New Trial Pursuant to Fed.R.Crim.P. 33. by UNITED STATES OF AMERICA as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali. (jw, ) (Entered: 04/29/2004) 04/30/2004 694 MOTION for New Trial. MOTION for Discovery. MOTION for evidentiary hearing. MOTION for such other and further relief as to the Court seems just and proper (pursuant https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 218/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 to Rule 33, Fed. R. Crim. P.). Document filed on behalf of dft Wadih El Hage. (REDACTED) (ja, ) (Entered: 05/03/2004) 04/30/2004 695 DECLARATION of Joshua L. Dratel in Support as to Wadih El Hage, re: 694 MOTION for New Trial. MOTION for Discovery. MOTION for evidentiary hearing. MOTION for such other and further relief as to the Court seems just and proper. (REDACTED) (ja, ) (Entered: 05/03/2004) 04/30/2004 696 REPLY MEMORANDUM in Support as to Wadih El Hage, re 694 MOTION for New Trial. MOTION for Discovery. MOTION for evidentiary hearing. MOTION for such other and further relief as to the Court seems just and proper. REDACTED. (ja, ). Modified on 5/3/2004 (ja, ). (Entered: 05/03/2004) 04/30/2004 697 ORDER as to Usama Bin Laden. A motion under Rule 33 was filed in this case under seal. Answering papers were similarly filed under seal. The parties have agreed to a redacted version of all these papers to be filled without sealing so that the redacted papers will be available to the public. Relying upon the agreement of the counsel for the parties, this court directs that the redacted copies be placed in the open files of the Clerk's Office. SO ORDERED. (Signed by Judge Kevin Thomas Duffy on 4/28/04)(jw, ) (Entered: 05/04/2004) 01/31/2005 700 TRANSCRIPT of Proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held on 12/16/04 before Judge Kevin Thomas Duffy. (Martin, Leslie) (Entered: 01/31/2005) 02/07/2005 701 OPINION & ORDER # 91202 as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Khalfan Khamis Mohamed re: 615 Motion for Miscellaneous. In all other respects the Rule 33 Motion is DENIED. The request to reopen El-Hage's Motion to Suppress is likewise DENIED. All remaining requests for discovery and other relief, including requests for access to KSM and other purported al Qaeda associates, are DENIED. (Signed by Judge Kevin Thomas Duffy on 2/7/05)(jw, ) (Entered: 02/07/2005) 02/17/2005 702 NOTICE OF APPEAL by Mohamed Rashed Daoud Al-'Owhali from 701 Memorandum & Opinion,. Copies of Notice of Appeal mailed to Attorney(s) of Record: US Attorney, SDNY & Court Reporters. (CJA no fee due)(pr, ) (Entered: 02/18/2005) 02/17/2005 Minute Entry for proceedings held before Judge Kevin Thomas Duffy :Status Conference as to Wadih El Hage held on 2/17/2005. Hearing held. Deft Wadih Lef Hage present only w/atty Sam Schmidt. AUSA present Leslie Brown. (bw, ) (Entered: 03/03/2005) 02/18/2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Mohamed Rashed Daoud Al-'Owhali to US Court of Appeals re: 702 Notice of Appeal - (pr, ) (Entered: 02/18/2005) 03/08/2005 USCA Case Number 05-0920-cr as to Mohamed Rashed Daoud Al-'Owhali, assigned to 702 Notice of Appeal - Final Judgment filed by Mohamed Rashed Daoud Al-'Owhali,. (pr, ) (Entered: 03/10/2005) 03/08/2005 704 USCA SCHEDULING ORDER as to Mohamed Rashed Daoud Al-'Owhali related to 702 Notice of Appeal - Final Judgment filed by Mohamed Rashed Daoud Al-'Owhali,, USCA Case Number 05-0920-cr. Appeal Record due by 3/28/2005. (pr, ) (Entered: 03/10/2005) 03/09/2005 703 TRANSCRIPT of Proceedings as to Usama Bin Laden held on 2/10/2005 before Judge Kevin Thomas Duffy. (kj, ) (Entered: 03/09/2005) 03/18/2005 705 TRANSCRIPT of Proceedings as to Usama Bin Laden held on 2/10/05 before Judge Kevin Thomas Duffy. (kj, ) (Entered: 03/18/2005) 03/18/2005 706 TRANSCRIPT of Proceedings as to Wadih El Hage held on 2/17/2005 before Judge Kevin Thomas Duffy. (kj, ) (Entered: 03/18/2005) 03/18/2005 707 TRANSCRIPT of Proceedings as to Wadih El Hage held on 2/17/2005 before Judge Kevin Thomas Duffy. (kj, ) (Entered: 03/18/2005) 05/03/2005 708 TRANSCRIPT of Proceedings as to Wadih El Hage held on 4/26/05 before Judge Kevin https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 219/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Thomas Duffy. (lma, ) (Entered: 05/03/2005) 06/28/2005 710 TRANSCRIPT of Proceedings as to Wadih El Hage held on 06/6,7/2005 before Judge Kevin Thomas Duffy. (es, ) (Entered: 06/28/2005) 09/23/2005 711 MEMORANDUM in Opposition by United States of America as to Wadih El Hage re 694 MOTION for New Trial pursuant to Rule 33. (ph, ) (Entered: 09/27/2005) 10/20/2005 713 Post-Hearing MEMORANDUM OF LAW by United States of America in opposition to Wadih El Hage's motion for a new trial pursuant to Fed.R.Crim.P. 33. (bw, ) (Entered: 10/25/2005) 10/21/2005 712 POST-HEARING MEMORANDUM in Support by Wadih El Hage re 694 MOTION for Discovery. MOTION for Hearing. MOTION for Hearing. MOTION for New Trial. MOTION for New Trial.. (rag, ) (Entered: 10/24/2005) 10/24/2005 714 ENDORSED LETTER as to Wadih El Hage addressed to Judge Duffy from Joshua L. Dratel / Sam Schmidt dated 10/20/05 re: Letter in regard to the post hearing Memorandum of Law submitted on behald of deft. Wadih El-Hage in support of his motion for a new trial. AUSA does not object to the public filing of Mr. El-Hage's post hearing Memo of Law without any redactions. Request that we be permitted to correct the Memo of Law as indicated. So ordered... (Signed by Judge Leonard B. Sand on 10/20/05)(pr, ) (Entered: 10/27/2005) 11/02/2005 715 OPINION & ORDER # 92357 as to Wadih El Hage...Conclusion, The Government's failure to turn over the disclosable material in the tapes deprived E-Hage of statements by al-Fadl that he was clearly entitled to under the Jenkins Act. May of those statements were obvious 3500 Material, and others would have significantly aided in cross-examining al-Fadl. It so happens, though, that none of the undisclosed material is powerful enough to displace the Government's other evidence of El-Hage's guilty. Thus, because none of the undisclosed material in the video-teleconferences is sufficient to "undermine confidence in the verdict," the motion for a new trial is denied. Jackson,345 F.3d at 77(internal citation and quotation omitted. El'hage's related discovery requests and other remaining requests for relief are likewise denied. I finally note that resolving this Motion has required me to decide several issues in areas where the relevant legal boundaries are not well marked. Although I have done my best to resolve the related issues correctly, I am hopeful that the parties will expeditiously bring this matter to the attention of the Court of Appeals., Motions terminated as to Wadih El Hage: 694 . Copies delievered to counsel of record 11/2/05 (Signed by Judge Kevin Thomas Duffy on 11/2/05)(rag, ) Additional attachment(s) added on 11/3/2005 (rag, ). (Entered: 11/02/2005) 11/09/2005 716 NOTICE OF APPEAL by Wadih El Hage from 715 Memorandum & Opinion, Terminate Motions. Copies of Notice of Appeal mailed to Attorney(s) of Record: A.U.S.A. and Court Reporters. (nd, ) (Entered: 11/09/2005) 11/09/2005 Appeal Remark as to Wadih El Hage re: 716 Notice of Appeal - Final Judgment. CJA ATTORNEY, NO FEELING FEE REQUIRED (nd, ) (Entered: 11/09/2005) 11/09/2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Wadih El Hage to US Court of Appeals re: 716 Notice of Appeal - Final Judgment. (nd, ) (Entered: 11/09/2005) 11/16/2005 717 NOTICE OF MOTION for Reargument and/or Reconsideration. Document filed by Wadih El Hage. Return Date set for on or about 11/20/2005 09:30 AM. (mde, ) (Entered: 11/23/2005) 11/16/2005 718 MEMORANDUM in Support by Wadih El Hage re 717 MOTION for Reargument and/or Reconsideration.. (mde, ) (Entered: 11/23/2005) 12/05/2005 719 ORDER denying 717 Motion for Reconsideration as to Wadih El Hage (1). Defendant Wadih El-Hage's Motion for Reargument and/or Reconsideration is hereby DENIED. (Signed by Judge Kevin Thomas Duffy on 12/1/05) (rg, ) (Entered: 12/08/2005) 12/09/2005 720 NOTICE OF APPEAL by Wadih El Hage from 719 Order on Motion for Reconsideration. Copies of Notice of Appeal mailed to Attorney(s) of Record: A.U.S.A. and Court https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 220/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Reporters. (tp, ) (Entered: 12/09/2005) 12/09/2005 Appeal Remark as to Wadih El Hage re: 720 Notice of Appeal - Final Judgment. NO FEE. CJA. (tp, ) (Entered: 12/09/2005) 12/09/2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Wadih El Hage to US Court of Appeals re: 720 Notice of Appeal - Final Judgment. (tp, ) (Entered: 12/09/2005) 03/14/2006 721 UNSEALING ORDER as to Wadih El Hage; that the documents reflected under docket numbers 278, 282, 283, 298, 300, 311, 333, 348, 393, 473, 475, and 487 shall be unsealed exclusively for the purpose of permitting the Government to review and copy these documents; that after the Government has reviewed and copied these documents, they be resealed. (Signed by Judge John F. Keenan on 3/14/06)(ae, ) (Entered: 03/14/2006) 05/31/2007 727 ENDORSED LETTER as to Usama Bin Laden, addressed to Judge Duffy, from David A. O'Neil/Leslie A. Brown, AUSAs, dated 5/30/07, re: the Gov't expects to submit its brief in the Second Circuit on Friday, June 1. As part of that submission, the Gov't will file a multi- volume Supplemental Appendix. Four of the documents the Gov't intends to include in that Appendix remain under seal: 1) transcript of proceedings before Judge Sand on 1/16/01; transcript of proceedings before Judge Sand on 1/19/01; Affidavit of Patrick J. Fitzgerald, dated 1/23/01; and Stipulation dated 1/24/01. The Gov't therefore moves to unseal these documents. Cnsl for dfts-appellants Wadih El Hage, Mohamed Sadeek Odeh, and Mohamed Rashed Daoud al-'Owhali consent to this motion. -- Judge endorsed: The application to unseal the four documents which is unopposed is granted. SO ORDERED. (Signed by Judge Kevin Thomas Duffy on 5/31/07)(ja) (Entered: 06/04/2007) 06/27/2008 728 NOTICE OF ATTORNEY APPEARANCE: Scott Lloyd Fenstermaker appearing for (S7- 98-Cr-1023-09) Ahmed Khalfan Ghailani. (bw) (Entered: 06/30/2008) 12/03/2008 730 NOLLE PROSEQUI ENTERED as to Ibrahim Eidarous. Ibrahim Eidarous (16) Count 1,1s,1ss,2ss,3s,3,3ss,4s,4,4ss,5s,5,5ss,6s,6,6ss,7,7s,7ss-8ss,8s,8,9s,9,9ss,10s,10, 10ss,11- 223,11s-223s,11ss-234ss,224-234,224s-234s,235-275,235s-275s,235ss-279ss,276, 276s,277-278,277s-279s,279,280-281,280s-282s,280ss- 283ss,282,283,283s,284,284s,284ss, 285,285s,285ss-286ss,286,286s,287ss-305ss,306ss- 308ss. So Ordered. (Signed by Judge Kevin Thomas Duffy on 12/1/08)(bw) (Entered: 12/03/2008) 01/06/2009 731 MEMO ENDORSEMENT: As to Mamdouh Mahmud Salim. Letter from attorney Allan P. Harper inquiring about payment being made during the duration of complex cases. ENDORSEMENT: Request for payment is approved. So Ordered. (Signed by Judge Kevin Thomas Duffy on 1/6/2009)(D'Avanzo, Daniel) (Entered: 01/06/2009) 01/08/2009 732 MEMO ENDORSEMENT: As to Mamdouh Mahmud Salim.. Letter from attorney Allan P. Harper inquiring about payment being made during the duration of complex cases. ENDORSEMENT: Request for payment is approved. So Ordered. (Signed by Judge Kevin Thomas Duffy on 1/8/2009)(D'Avanzo, Daniel) (Entered: 01/12/2009) 02/27/2009 733 ENDORSED LETTER as to (98-Cr-1023-04) Mohamed Rashed Daoud Al-'Owhali addressed to Judge Duffy from Attorney Frederick H. Cohn dated 2/23/09 re: I have now seen the document and represent to the Court that the information contained in it requires that I consult with the client. Laura Gasiorowski, my co-counsel and I need to visit the client at ADMAX, Florence, Colorado. This is a three day trip because the hours that the BOP allows visits do not fit the air line schedules. We must fly to Colorado Springs on the first day, visit him on the second, and return on the third. I therefore apply for District Court authorization for Ms. Laura Gasiorowski, my co-counsel, to travel as set forth in this letter, authorizing hotel stays for us for two nights, and the rental of a car as Florence is 50 miles from Colorado Springs. ENDORSEMENT: Request approved. (Signed by Judge Kevin Thomas Duffy on 2/27/09)(bw) (Entered: 02/27/2009) 05/04/2009 734 MANDATE of USCA (certified copy) as to Mohamed Rashed Daoud Al-'Owhali re: 702 Notice of Appeal - Final Judgment USCA Case Number 01-1535-cr(L) and 05-0920-cr. Defendant-appellant Al`Owhali has moved to remand his case to the District Court in light https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 221/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 of the government`s disclosure of new evidence allegedly bearing on the voluntariness of his confession. That motion is hereby GRANTED, and this case is remanded to the District Court for the limited purpose of conducting proceedings on the voluntariness of Al- `Owhali`s confession. The mandate in the case of Al-Owhali shall issue forthwith. From whatever final decision the District Court makes on this limited remand, the jurisdiction of this Court to review that decision may be invoked by any party by notification to the Clerk of Court within ten days of the District Court`s decision, see United States v. Jacobson, 15 F. 3d 19, 21-22 (2d Cir. 1994), in which event the case will be returned to this panel. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 4/30/2009. (nd) (Entered: 05/04/2009) 05/04/2009 Transmission of USCA Mandate/Order to the District Judge re: 734 USCA Mandate - Final Judgment Appeal. (nd) (Entered: 05/04/2009) 05/09/2009 735 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - FIRST MOTION for Speedy Trial request for speedy trial and seeking a motion schedule for defendant's motion to dismiss. Document filed by Ahmed Khalfan Ghailani. (Fenstermaker, Scott) Modified on 5/11/2009 (jar). (Entered: 05/09/2009) 05/09/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Scott Fensternmaker as to Ahmed Khalfan Ghailani: to MANUALLY RE-FILE Document Letter (Motion for Speedy Trial), Document No. 735. This case is not ECF. (jar) (Entered: 05/11/2009) 05/27/2009 736 ORDER as to (98-Cr-1023-09) Ahmed Khalfan Ghailani. On June 27, 2008, Scott L. Fenstermaker, Esq. filed a notice of appearance in this case indicating that he is retained counsel for Ahmed Khalfan Ghailani. Ghailani is presently detained at the U.S. Naval Base in Guantanamo Bay, Cuba ("Guantanamo Bay"). He was indicted in the above-captioned case and also faces military commission charges. Ghailani initially accepted military counsel appointed for him, along with civilian counsel to include David H. Remes, Randy Coyne, and Fenstermaker. Ghailani subsequently asked that no legal actions be filed on his behalf in any court outside of Guantanamo Bay and that any action previously filed on his behalf outside of Guantanamo Bay be dismissed. Fenstermaker nonetheless filed a habeas petition in the District Court of the District of Columbia purportedly on behalf of Ghailani, Ghailani v. Gates, No. 08-1190 (D.D.C. filed July 10, 2008), and Ghailani stated that he did not want to be represented by Fenstermaker and did not want Fenstermaker brought to Guantanamo Bay to meet him. Fenstermaker's notice of appearance was striken from the record, and he was barred from making any further filings in the District Court of the District of Columbia on Ghailani's behalf. Ghailani v. Gates, No. 08-1190 (D.D.C. filed August 20, 2008)(Leon, J.)....[See Order]... Unless Fenstermaker can show me by affidavit filed by June 8, 2009, detailing how this so-called retainer came about, the instant notice of appearance will be similarly stricken. So Ordered. (Signed by Judge Kevin Thomas Duffy on 5/27/09)(bw) (Entered: 05/27/2009) 05/31/2009 737 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) & NON-ECF CASE - FIRST MOTION for Extension of Time to Respond to the Court's May 27, 2009 order directing counsel to provide proof of authorization to enter a notice of appearance. Document filed by Ahmed Khalfan Ghailani. (Attachments: # 1 Exhibit Exhibit A to May 31, 2009 Letter to Judge Duffy, # 2 Exhibit Exhibit B to May 31, 2009 Letter to Judge Duffy, # 3 Exhibit Exhibit C to May 31, 2009 Letter to Judge Duffy, # 4 Exhibit Exhibit D to May 31, 2009 Letter to Judge Duffy, # 5 Exhibit Exhibit E to May 31, 2009 Letter to Judge Duffy)(Fenstermaker, Scott) Modified on 6/1/2009 (jar). (Entered: 05/31/2009) 05/31/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Scott Fenstermaker as to Ahmed Khalfan Ghailani: to MANUALLY RE-FILE Document Letter, Document No. 737. This case is not ECF. ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 737 as to Defendant(s) Ahmed Khalfan Ghailani: HAS BEEN REJECTED. Note to Attorney Scott Fenstermaker : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 222/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar) (Entered: 06/01/2009) 06/01/2009 738 ORDER: As to Usama Bin Laden. It is ORDERED that the Clerk of the Court designate the captioned action as a CM-ECF case and it is further ORDERED that the representatives for all parties become registered users of the Court's CM-ECF system. SO ORDERED. (Signed by Judge Kevin Thomas Duffy on 5/28/2009)(dnd) (Entered: 06/01/2009) 06/01/2009 Case Designated ECF as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al- Badawi, Fahd Al-Quso (dnd) (Entered: 06/02/2009) 06/09/2009 739 NOTICE OF ATTORNEY APPEARANCE David Alan Raskin appearing for USA. (Raskin, David) (Entered: 06/09/2009) 06/09/2009 740 NOTICE OF ATTORNEY APPEARANCE Leslie C. Brown appearing for USA. (Brown, Leslie) (Entered: 06/09/2009) 06/09/2009 741 NOTICE OF ATTORNEY APPEARANCE Nicholas James Lewin appearing for USA. (Lewin, Nicholas) (Entered: 06/09/2009) 06/09/2009 Minute Entry for proceedings held before Judge Loretta A. Preska :Arraignment as to Ahmed Khalfan Ghailani (9) Count 1ssss,3ssss,4ssss,5ssss,6ssss,7ssss,8ssss,9ssss,10ssss,11ssss-223ssss,224ssss-234ssss, 235ssss-275ssss,276ssss,277ssss-278ssss,279ssss,280ssss-281ssss,282ssss,283ssss,284ssss, 285ssss,286ssss held on 6/9/2009. Defendant present with his attorney Scott Fenstermaker. AUSA David Raskin, Leslie Brown and Nicholas Lewin. Defendant is arraigned and enters a plea of not guilty. Defense counsel moves to withdraw his pro bono representation and to be appointed under this Courts Criminal Justice Act. Issue of counsels representation continued to June 16, 2009 at 9:30 a.m. before Judge Preska. Time excluded under Speedy Trial Act from and including today through and including June 16, 2009. Defendant remanded. (jw) (Entered: 06/12/2009) 06/09/2009 Minute Entry for proceedings held before Judge Loretta A. Preska: Plea entered by Ahmed Khalfan Ghailani (9) Count 1ssss,3ssss,4ssss,5ssss,6ssss,7ssss,8ssss,9ssss,10ssss,11ssss- 223ssss,224ssss-234ssss, 235ssss-275ssss,276ssss,277ssss-278ssss,279ssss,280ssss- 281ssss,282ssss,283ssss,284ssss, 285ssss,286ssss Not Guilty. (jw) Modified on 12/17/2009 (jw). (Entered: 06/12/2009) 06/15/2009 742 NOTICE OF CASE REASSIGNMENT as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso, to Judge Lewis A. Kaplan. Judge Kevin Thomas Duffy no longer assigned to the case. (ldi) (Entered: 06/15/2009) 06/15/2009 743 ORDER as to (98-Cr-1023-09) Ahmed Khalfan Ghailani. The Court is in receipt of a letter, dated June 11, 2009, from Scott L. Fenstermaker, Esq., who has filed a notice of appearance on behalf of this defendant, in which Mr. Fenstermaker complains that he was not permitted to visit the defendant on June 11, 2009, as he wished to do so. In consequence, he says, "the court appearance on Tuesday[, June 16, 2009,] will proceed in [his absence]." The court appearance scheduled for tomorrow is not optional. Mr. Fenstermaker shall appear personally on June 16, 2009 at 9:30 a.m. in the courtroom previously designated. So Ordered. (Signed by Judge Lewis A. Kaplan on 6/15/09)(bw) (Entered: 06/15/2009) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 223/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 06/16/2009 744 MANDATE of USCA (certified copy) as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali re: 716 Notice of Appeal - Final Judgment, 720 Notice of Appeal - Final Judgment, USCA Case Number 01-1535-cr(L), 01-1550- cr(con0,01-1553-cr(con), 01-1571-cr9con), 05-6149-cr(con), 05-6704-cr(con). Ordered, Adjudged and Decreed that the judgments of conviction againste Al-'Owhali and Odeh are AFFIRMED. The judgment of conviction against El-Hage is AFFIRMED in all respects except that the sentencing is VACATED, and the case is REMANDED to the District Court for the sole purpose of resentencing El-Hage in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 6/12/2009. (nd) (Entered: 06/16/2009) 06/16/2009 Transmission of USCA Mandate/Order to the District Judge re: 744 USCA Mandate - Final Judgment Appeal. (nd) (Entered: 06/16/2009) 06/16/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to (S12-98-Cr-1023-09) Ahmed Khalfan Ghailani held on 6/16/2009. Conference held. Defendant Ghailani present with attorney Scott Fenstermaker. AUSAs David Raskin and Nicholas Lewin present. FBI agent Michael Brodack present. Court reporter Jennifer Thun present. Swahili interpreter Laura E. Black present. Attorney Scott Fenstermaker relieved as counsel and CJA attorney Gregory Cooper appointed as lead counsel. CJA attorney Peter Enrique Quijano appointed as Learned counsel. Military attorneys present but no appearance filed by Col. Jeffrey Colwell and Maj. Richard Reiter. The next conference is scheduled for 7/2/09 at 9:30am. Time from today through 7/2/09 is excluded from speedy trial time calculations. (bw) (Entered: 06/30/2009) 06/16/2009 ORAL ORDER as to (S12-98-Cr-1023-09) Ahmed Khalfan Ghailani. Time excluded from 6/16/09 until 7/2/09. Status Conference set for 7/2/2009 at 09:30 AM before Judge Lewis A. Kaplan. (bw) (Entered: 06/30/2009) 06/16/2009 773 CJA 30: Appointment of Attorney Peter Enrique Quijano for Ahmed Khalfan Ghailani in Death Penalty Proceedings as to Ahmed Khalfan Ghailani.. (Signed by Judge Lewis A. Kaplan on 6/16/09) The CJA Clerk has mailed the original to the attorney. A copy was sent to the file.(tr) (Entered: 08/05/2009) 06/19/2009 745 NOTICE OF ATTORNEY APPEARANCE: Peter Enrique Quijano appearing for Ahmed Khalfan Ghailani. as learned capital counsel (Quijano, Peter) (Entered: 06/19/2009) 06/23/2009 746 ENDORSED LETTER: As to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Peter Enrique Quijano dated 6/22/2009. re: I write to provide the Court with the reasons for the request of my letter dated June 22, 2009, requesting that the Court SO ORDER permission to bring my lap-top computer into the Court House on June 23, 2009. ENDORSEMENT: Mr.Quijano may bring his laptop in on this occasion. His action in doing so shall constitute his representation that the laptop lacks any capability to engage in wireless communication to record or transmit sounds, images or files containing such matters or alternatively, that any such capability has been disabled. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/23/2009)(dnd) (Entered: 06/23/2009) 06/24/2009 747 CJA 23 Financial Affidavit by (98-Cr-1023-09) Ahmed Khalfan Ghailani. (bw) (Entered: 06/24/2009) 06/25/2009 748 ORDER as to (S12-98-Cr-1023-09) Ahmed Khalfan Ghailani.... IT IS ORDERED THAT: 1. Prior to submitting a formal case-budget on Excel spreadsheets, Mr. Ghailani is authorized to retain the following service providers for the hours and at the rates indicated....[see Order]... 2. CJA Lead and/or Learned counsel, are authorized to expend up to 300 hours each at $175 per hour, prior to submitting a formal Excel spreadsheet budget. So Ordered. (Signed by Judge Lewis A. Kaplan on 6/25/09)(bw) (Entered: 06/25/2009) 06/26/2009 749 ORDER as to Ahmed Khalfan Ghailani. Having held a pretrial conference on June 16, 2009 the following is ORDERED: Gregory Cooper is appointed as CJA Lead counsel and Peter Enrique Quijano is appointed as learned counsel. (Signed by Judge Lewis A. Kaplan on 6/25/09)(jw) (Entered: 06/26/2009) 06/26/2009 Attorney update in case as to Ahmed Khalfan Ghailani. Attorney Gregory E. Cooper for https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 224/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Ahmed Khalfan Ghailani added. (jw) (Entered: 06/26/2009) 06/29/2009 750 NOTICE OF ATTORNEY APPEARANCE: Michael Keith Bachrach appearing for Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 06/29/2009) 06/29/2009 754 NOTICE OF ATTORNEY APPEARANCE: Michael Keith Bachrach appearing for Ahmed Khalfan Ghailani. (ja) (Entered: 06/30/2009) 06/30/2009 751 FIRST MOTION to Compel the Preservation of Central Intelligence Agency Detention Facilities ("Black Sites"). Document filed by Ahmed Khalfan Ghailani. (Quijano, Peter) (Entered: 06/30/2009) 06/30/2009 752 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Declaration) - AFFIRMATION of Peter Enrique Quijano, Esq. in Support as to Ahmed Khalfan Ghailani re 751 FIRST MOTION to Compel the Preservation of Central Intelligence Agency Detention Facilities ("Black Sites").. (Attachments: # 1 Exhibit Exhibit A Pres. Bush 2006 Speech, # 2 Exhibit Exhibit B ICRC Rpt Treatment of HVD, # 3 Exhibit Exhibit C Panetta Statement)(Quijano, Peter) Modified on 7/1/2009 (jar). (Entered: 06/30/2009) 06/30/2009 753 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 751 FIRST MOTION to Compel the Preservation of Central Intelligence Agency Detention Facilities ("Black Sites").. (Quijano, Peter) (Entered: 06/30/2009) 06/30/2009 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Peter Quijano as to Ahmed Khalfan Ghailani: to RE-FILE Document 752 Affirmation in Support of Motion. Use the document type Declaration in Support found under the document list Replies, Oppositions, Supporting Documents. (jar) (Entered: 07/01/2009) 06/30/2009 756 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on June 9, 2009 at 4:00 pm before Judge Loretta A. Preska. (eef) (Entered: 07/02/2009) 07/01/2009 755 DECLARATION of Peter Enrique Quijano, Esquire in Support as to Ahmed Khalfan Ghailani re: 751 FIRST MOTION to Compel the Preservation of Central Intelligence Agency Detention Facilities ("Black Sites").. (Attachments: # 1 Exhibit Exhibit A Pres. Bush 2006 Speech, # 2 Exhibit Exhibit B ICRC Rpt., # 3 Exhibit Exhibit C Panetta Statement)(Quijano, Peter) (Entered: 07/01/2009) 07/02/2009 757 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Ahmed Khalfan Ghailani. Time excluded from 7/2/09 until 10/19/09,...for dft's recently appointed counsel to familiarize themselves with the case, obtaining and reviewing discovery, and formulating any motions, among other things, outweighs the interest of the dft and the public in a speedy trial. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/2/09)(ja) (Entered: 07/02/2009) 07/02/2009 758 Letter by Ahmed Khalfan Ghailani addressed to Judge Kaplan from David Raskin and Leslie C. Brown and Nicholas J. Lewin dated 6/26/09 re: we have consulted with Main Justice regarding the impact of the military decision not to seek the death penalty in the defendant's military commission case. While we respect that decision, and it will factor into the analysis of whether to seek or not in this case, we cannot rely on the military no-seek determination - any more than we would a determination to seek - in lieu of following our own process, The Government commits to moving through this process expeditiously and we have already conferred with the defense in this regard. Accordingly, we propose that this Office submit its recommendation to Main Justice within 81 days (within 90 days from our first pretrial conference), and we will work with Main Justice to have an answer within 30 days of our submission.(jw) (Entered: 07/02/2009) 07/02/2009 759 ORDER as to Ahmed Khalfan Ghailani, authorizing the appointment, nunc pro tunc to 6/19/09 of Michael K. Bachrach, Esq., G. Hanna Antonsson, Lawyer/Paralegal, Anna N. Sideris, Lawyer/Paralegal, Anna Bulkin, Mitigation Expert, 5 Stones Intelligence (David Tinsley), as an investigator, SAIC (Rita Tolliver), as an interpreter pursuant to the CJA, 18 U.S.C. 3359.... (See Order for full text.). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/2/09)(ja) (Entered: 07/02/2009) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 225/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 07/02/2009 760 Letter by Ahmed Khalfan Ghailani addressed to Judge Kaplan from Peter Enrique Quijano dated 6/26/09 re: I write as one of the attorneys for the defendant Ahmed Khalfan Ghailani in the above referenced matter. In a letter dated June 26, 2009, the government advised the Court that it plans to submit its recommendation to the Attorney General on whether or not to seek the death penalty within 81 days, and expects to receive an answer from the Attorney General within 30 days following their submission. Consequently, at the status conference scheduled for July 2, 2009, I will respectfully request that the Court afford the defendant a period of six months in which to advise the Court when the defendant's submission will be completed. Of course, should Main Justice decide not to seek death within that time-frame, we would at that point make every effort to advise the Court when we will be ready for trial.(jw) (Entered: 07/02/2009) 07/02/2009 761 SCHEDULING ORDER as to Ahmed Khalfan Ghailani; Motions due by 8/14/2009. Government Responses due by 8/28/2009; Defendant Replies due by 9/9/2009. Discovery due by 11/2/2009. Jury Trial set for 9/13/2010 at 10:00 AM before Judge Lewis A. Kaplan. The following schedule shall govern further proceedings in this case: 1. Defendant shall serve and file any motion addressed to the face of the indictment on or before August 14,2009. The government's response shall be served and filed on or before August 28, 2009. Any reply papers shall be served and filed on or before September 9, 2009. Should such a motion be filed, the Court will determine whether oral argument would be helpful and, if so, set it for argument. 2. Defendant shall serve and file any motion to dismiss the indictment on speedy trial grounds on or before October 19,2009. The government's response shall be served and filed on or before November 5, 2009. Any reply papers shall be served and filed on or before November 18,2009. The Court will hear oral argument of any such motion on November 24,2009 at 9:30 a.m. 3. The government shall complete discovery on or before November 2, 2009. 4. The government shall file any notice of intent to seek the death penalty, see 18 U.S.c. § 3593(a), no later than October 13,2009. 5. Defendants shall serve and file any motions not described in paragraphs 1 and 2 (other than motions in limine) no later than March 5, 2010. The government's response to any such motions shall be served and filed no later than April 5, 2010. Any reply papers in support of any such motions shall be served and filed no later than April 19, 2010. The motions shall be argued on April 19, 2010 at 2:00 p.m. 6. The government shall give notice of any intention to use Rule 404(b) evidence no later than June 1, 201O. 7. Any motions in limine, the basis for which is then known to either the government or the defendant on or before June 1, 2010, shall be served and filed no later than June 15, 2010. 8. The case is set for trial commencing on September 13, 201O. 9. In light of the foregoing schedule, counsel are advised that the Court might be more likely to conclude that the defendant warrants a decrease under the U.S. Sentencing Guidelines of an additional offense level for acceptance of responsibility, in the event he pleads guilty on or before June 1, 2010, than would be the case in the event of a plea of guilty entered subsequent to that date. So ORDERED. (Signed by Judge Lewis A. Kaplan on 7/2/09)(jw) (Entered: 07/02/2009) 07/02/2009 762 ORDER as to Ahmed Khalfan Ghailani.... ORDERED, that any and all documents currently filed under seal in connection with Indictment 98 Cr. 1023, including any and all superseding charging instruments, be unsealed only to the extent of allowing representatives from the U.S. Attorney's Office for the SDNY to review and, if necessary, copy those documents; and ORDERED, that all of the documents unsealed pursuant to this Order then immediately be resealed. (Signed by Judge Lewis A. Kaplan on 7/1/09)(ja) (Entered: 07/10/2009) 07/02/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Pretrial Conference as to (S12-98-Cr-1023-09) Ahmed Khalfan Ghailani held on 7/2/2009. Conference held. Defendant Ghailani present with attorneys Gregory Cooper, Peter Quijano, Maj. Richard Reiter, and Col. Jeffrey Colwell. AUSAs David Raskin and Leslie Brown present. Court reporter present. Swahili interpreter Laura E. Black present. Trial scheduled to commence September 13, 2010. Time from today through October 19, 2009 is excluded from speedy trial calculations in the interests of justice. (bw) (Entered: 07/15/2009) 07/02/2009 ORAL ORDER as to (S12-98-Cr-1023-09) Ahmed Khalfan Ghailani. Time excluded from 7/2/09 until 10/19/09. Ready for Trial by 9/13/2010. (bw) (Entered: 07/15/2009)

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 226/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 07/15/2009 763 MODIFIED PROTECTIVE ORDER PERTAINING TO UNCLASSIFIED INFORMATION as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. Upon application of the Government, and with consent of the defense: IT IS HEREBY ORDERED pursuant to Rule 16(d) of the Federal Rules of Criminal Procedure that the Government shall segregate the discovery materials it produce to the defendant and his counsel of record into two categories: (1) general discovery materials and (2) particularly sensitive discovery materials. The category to which particular discovery materials belong shall be clearly identified by the Government; IT IS FURTHER ORDERED that "general discovery materials" shall not be further disseminated by the defendant or his counsel to any individuals, organizations or other entities, other than:...[see Order]... IT IS FURTHER ORDERED that "particularly sensitive discovery materials" shall not be further disseminated by the defendant or his counsel to any individuals, organizations or other entities, other than:...[see Order]...IT IS FURTHER ORDERED that all such discovery materials are to be provided to the defense, and used by the defense, solely for the purpose of allowing the defendant to prepare his defense and that none of the discovery materials produced by the Government to the defense shall be disseminated to, or discussed with, the media; IT IS FURTHER ORDERED that none of the discovery materials produced by the Government to the defense shall be disseminated to, or discussed with, the media by the Government; IT IS FURTHER ORDERED that any papers to be served upon the Court by either party which include discovery materials or refer to the contents of the particularly sensitive discovery materials shall be filed under seal; IT IS FURTHER ORDERED that any papers to be served upon the Court in response to papers served in conformity with the preceding paragraph shall also be filed under seal; and FINALLY, IT IS ORDERED that nothing in this Order shall preclude the Government from seeking a further protective order pursuant to Rule 16(d) as to particular items of discovery material. So Ordered. (Signed by Judge Lewis A. Kaplan on 7/14/09)(bw) (Entered: 07/15/2009) 07/16/2009 764 TRANSCRIPT of Proceedings as to Wadih El Hage held on September 23, 1989 before Magistrate Judge Leonard Bernikow. (jab) (Entered: 07/16/2009) 07/20/2009 769 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on June 16, 2009 at 9:45 am before Judge Lewis A. Kaplan. (eef) (Entered: 07/24/2009) 07/20/2009 770 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on July 2, 2009 at 9:36 am before Judge Lewis A. Kaplan. (eef) (Entered: 07/24/2009) 07/20/2009 771 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on July 2, 2009 at 9:36 am before Judge Lewis A. Kaplan. (eef) (Entered: 07/24/2009) 07/21/2009 765 MODIFIED PROTECTIVE ORDER PERTAINING TO CLASSIFIED INFORMATION as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. This matter comes before the Court upon the Government's Motion for a Modified Protective Order pursuant to Section 3 of the Classified Information Procedures Act ("CIPA"), 18 U.S.C. App. 3 Section 3, to protect against the disclosure in this case of any classified information disclosed by the Government to, or otherwise in the possession of, the Defendant or the Defense. Pursuant to the authority granted under Sections 3 and 9 of CIPA, the Security Procedures Established Pursuant to Pub. L. No. 96-456, 94 Stat. 2025, by the Chief Justice of the United States for the Protection of Classified Information (reprinted following CIPA Section 9), Rules 16(d) and 57 of the Federal Rules of Criminal Procedure, and the general supervisory authority of the Court, and to protect the national security, the following Modified Protective Order is entered. [** See Order **]. (Signed by Judge Lewis A. Kaplan on 7/21/09)(bw) (Entered: 07/21/2009) 07/21/2009 766 TRANSCRIPT of Proceedings as to Wadih El Hage held on 9/17/98 before Magistrate Judge James C. Francis. (jw) (Entered: 07/21/2009) 07/21/2009 767 ENDORSED LETTER: As to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Gregory Cooper dated 7/10/2009, As to Ahmed Khalfan Ghailani. re:We deeply understand that a great deal of thought and other considerations went into Your Honor's directive fixing the trial date in this matter for September 13, 2010. It is therefore with a great deal of reluctance, but with a strong belief in the necessity, that we respectfully request that the date be delayed for thirty days. We have consulted with the Government, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 227/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 and Mr. Raskin has indicated he has no objection to this application. ENDORSEMENT: Commencement of trial postponed until 9/27/2010. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/17/2009)(dnd) (Entered: 07/21/2009) 07/21/2009 768 Letter as to Ahmed Khalfan Ghailani, Addressed to Judge Kaplan, From James L. Dunlap, Dept. Security Officer, dated 7/7/09, Re: Recommendation of Security Specialists. Purs. to para. 2 of the "Security, Procedures Established purs. to Pub. L. 96-456 Stat. 2025, by the Chief Justice of the U.S. for the Protection of Classified Information," I recommend Maura L. Peterson, Security Specialist, for the position of court security officer in the above case. I also recommend security specialists Jennifer H. Campbell, Miguel A. Ferrer, Christine E. Gunning, Daniel O. Hartenstine, Erin E. Hogarty, Joan B. Kennedy, Michael P. Macisso, Craig P. Martin, Jarrett F. Merk and Angela M. Strause as alternate court security specialist. In addition, I certify that the above-mentioned individuals are cleared for the level and category of classified information that will be involved in this litigation. Their duties will include responsibilities to the court for information, physical, personnel, and communications security, as well as any other pertinent duties as outlined in the above-cited procedures. (ja) (Entered: 07/22/2009) 07/28/2009 772 SEALED DOCUMENT placed in vault. (jri) (Entered: 07/28/2009) 08/13/2009 776 ORDER: As to Mohamed Rashed Daoud Al-'Owhali. On the application of Frederick H. Cohn, attorney for the defendant above named, the Bureau of Prisons, and particularly the Administrative Maximum Prison at Florence Colorado, wherethe defendant is currently located, is directed that the defendant be made available for a telephone connection with the Court so that he can be present for a scheduling hearing in this matter on September 9, 2009, at 2:30 in the afternoon Eastern Daylight Savings Time (New York time). It is further orderedthat arrangement for the telephone conference be made with my chambers at (212) 805-6125. SO ORDERED. (Signed by Judge Kevin Thomas Duffy on 8/12/2009)(dnd) (Entered: 08/19/2009) 08/14/2009 774 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION in connection with remand to consider voluntariness of al-'Owhali's statements; no further proceedings are necessary. Document filed by United States of America as to Mohamed Rashed Daoud Al-'Owhali. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit F, # 6 Exhibit Exhibit G, # 7 Exhibit Exhibit H, # 8 Exhibit Exhibit I, # 9 Exhibit Exhibit J, # 10 Exhibit Exhibit K, # 11 Exhibit Exhibit M, # 12 Exhibit Exhibit N, # 13 Exhibit Exhibit O, # 14 Exhibit Exhibit P, # 15 Exhibit Exhibit Q, # 16 Exhibit Exhibit R, # 17 Exhibit Exhibit S, # 18 Exhibit Exhibit T, # 19 Exhibit Exhibit U, # 20 Exhibit Exhibit E-1, # 21 Exhibit Exhibit E-2, # 22 Exhibit Exhibit E-3, # 23 Exhibit Exhibit L-1, # 24 Exhibit Exhibit L-2)(Brown, Leslie) Modified on 8/17/2009 (KA). (Entered: 08/14/2009) 08/17/2009 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Leslie C. Brown as to Mohamed Rashed Daoud Al-'Owhali: to RE-FILE Document 774 FIRST MOTION in connection with remand to consider voluntariness of al- 'Owhali's statements; no further proceedings are necessary. Use the document type Memorandum of Law(non-motion) found under the document list Other Documents. (KA) (Entered: 08/17/2009) 08/17/2009 775 MEMORANDUM OF LAW by United States of America as to Mohamed Rashed Daoud Al-'Owhali in connection with remand to consider voluntariness of Al-'Owhali's statements; no further proceedings are necessary. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E-1, # 6 Exhibit Exhibit E-2, # 7 Exhibit Exhibit E-3, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I, # 12 Exhibit Exhibit J, # 13 Exhibit Exhibit K, # 14 Exhibit Exhibit L-1, # 15 Exhibit Exhibit L-2, # 16 Exhibit Exhibit M, # 17 Exhibit Exhibit N, # 18 Exhibit Exhibit O, # 19 Exhibit Exhibit P, # 20 Exhibit Exhibit Q, # 21 Exhibit Exhibit R, # 22 Exhibit Exhibit S, # 23 Exhibit Exhibit T, # 24 Exhibit Exhibit U) (Brown, Leslie) (Entered: 08/17/2009) 08/21/2009 777 SEALED DOCUMENT placed in vault. (jri) (Entered: 08/21/2009) 08/21/2009 778 NOTICE OF ATTORNEY APPEARANCE Michael E. Farbiarz appearing for USA. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 228/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (Farbiarz, Michael) (Entered: 08/21/2009) 08/28/2009 779 SEALED DOCUMENT placed in vault. (jri) (Entered: 08/28/2009) 08/28/2009 780 SEALED DOCUMENT placed in vault. (jri) (Entered: 08/28/2009) 09/08/2009 781 MEMORANDUM OF LAW by Mohamed Rashed Daoud Al-'Owhali. (Attachments: # 1 Exhibit)(Cohn, Frederick) (Entered: 09/08/2009) 09/11/2009 782 ORDER as to Ahmed Khalfan Ghailani. By letter dated 9/4/09, the gov't indicated that it intended to file a motion, under Section 4 of the Classified Information Procedures Act ("CIPA"), 18 USC App. 3 Sec. 4, for an order approving its (1) deletion of non- discoverable parts of otherwise discoverable classified documents; and (2) replacement of certain information contained therein with summaries.... Section 4 of CIPA permits, but does not require, the gov't to apply for authorization to protect sensitive but otherwise discoverable information by redaction and substitution of summaries "in the form of a written statement to be inspected by the court alone."... There is no material difference between ex parte written and oral statements in support of an application of this nature provided the same safeguards apply in both instances. I therefore concluded that ex parte oral conferences and hearings are permissible in connection with CIPA Sec. 4 applications if they are transcribed verbatim and the transcripts and any exhibits received therein are properly preserved. See U.S. v. Campa, 529F.3d 980, 994-95 (11th Cir. 2008); U.S. v. Klimavicius-Viloria, 144 F.3d 1249, 1261-62 (9th Cir. 1998). The gov't shall advise the Court no later than 9/18/09 whether it contends that any part of the transcript of the oral proceedings should be filed under seal. As indicated during the conference, the motion and all papers submitted in connection therewith shall be filed with and maintained by the Court Security Officer designated pursuant to the Security Procedures Established Pursuant to Public Law 96-456, 18 U.S.C. app. 3 Sec. 9 note para. 2. SO ORDERED. ( Response due by 9/18/2009). (Signed by Judge Lewis A. Kaplan on 9/11/09)(ja) (Entered: 09/11/2009) 09/11/2009 783 SEALED DOCUMENT placed in vault. (jri) (Entered: 09/11/2009) 09/11/2009 784 SEALED DOCUMENT placed in vault. (jri) (Entered: 09/11/2009) 09/15/2009 785 Letter by United States of America as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from AUSAs David Raskin, Leslie C. Brown, Michael Farbiarz, Nicholas Lewin dated September 4, 2009 re: The Government submits this letter, at the Court's request, in connection with a motion under Section 4 of the Classified Information Procedures Act ("CIPA"), which we anticipate filing on September 11, 2009. [*** Received by Judge Kaplan's Chambers on 9/4/2009 ***] (bw) (Entered: 09/15/2009) 09/28/2009 786 Letter by United States of America as to Ahmed Khalfan Ghailani, addressed to Judge Kaplan, from David Raskin/Leslie C. Brown/Michael Farbiarz/Nicholas J. Lewin, AUSAs, dated 9/17/09, re: Order dated 9/11/09 directing the Gov't to advise the Court whether any parts of the transcript of the [9/11/09] oral proceedings should be filed under seal. The Gov't reviewed said document and does not contend that any part of that transcript should be filed under seal. (ja) (Entered: 09/30/2009) 09/30/2009 787 SEALED DOCUMENT placed in vault. (jri) (Entered: 09/30/2009) 10/05/2009 788 Letter by United States of America as to Ahmed Khalfan Ghailani, addressed to Judge Kaplan, from David Raskin/Leslie C. Brown/Michael Farbiarz/Nicholas J. Lewin, AUSAs, dated 10/2/09, re: the Gov't advise the Court that the Attorney General has today authorized and directed this Office not to seek the death penalty against the dft. A copy of the Attorney General's letter is attached. (ja) (Entered: 10/05/2009) 10/06/2009 796 MEMORANDUM ORDER: As to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al- Badawi, Fahd Al-Quso. Because of the expected length of the trial in this case, and the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 229/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 anticipated hardship on counsel in undertaking representation full-time for such a period without compensation,, pursuant to paragraph 2.30 B of the Guidelines for the Administration of the Criminal Justice Act, the following procedures for interim payments shall apply during the course of your representation in this case... (Signed by Judge Lewis A. Kaplan on 9/9/2009)(dnd) (Entered: 10/13/2009) 10/07/2009 789 ENDORSED LETTER: As to Wadih El Hage addressed to Judge Lewis A. Kaplan from Sam A. Schmidt dated 9/30/2009. re: This letter is in regard to the re-sentencing in the above-entitled matter, which is scheduled for November 20, 2009. As per the Court's direction, the government and defense counsel have agreed to a schedule for submissions, and seek the Court's approval. The proposed schedule is as follows: the defense submission will be filed no later than October 26, 2009; the government's response will be filed by November 9, 2009, and the defense reply will be filed by November 16, 2009. ENDORSEMENT: Scheduling approved. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/6/2009)(dnd) (Entered: 10/07/2009) 10/07/2009 790 ENDORSED LETTER as to Wadih El Hage addressed to Judge Lewis A. Kaplan from Sam A. Schmidt dated 10/2/2009. Defense counsel submits a Rule 17 subpoena for Mr. El- Hage's medical, psychological and psychiatric records from the Bureau of Prisons. Though a HIPAA request was sent and received by the Bureau of Prisons, we have been informed that the only chance of obtaining the records within the proscribed time is through a Rule 17 subpoena. Our experience is that a subpoenasigned by the district court judge gets immediate attention and response. Therefore, we respectfully request that your Honor sign the subpoena and have chambers contact my office so we may pick up the subpoena and forward it to ADX Florence. ENDORSEMENT: Denied without prejudice to renewal on notice to government. (Signed by Judge Lewis A. Kaplan on 10/6/2009)(dnd) (Entered: 10/07/2009) 10/07/2009 791 MOTION Order to Show Cause. Document filed by Ahmed Khalfan Ghailani. Return Date set for 10/15/2009 at 10:00 AM. (Cooper, Gregory) (Entered: 10/07/2009) 10/07/2009 792 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Affirmation. Document filed by Ahmed Khalfan Ghailani. Return Date set for 10/15/2009 at 10:00 AM. (Cooper, Gregory) Modified on 10/8/2009 (db). (Entered: 10/07/2009) 10/07/2009 793 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION. Document filed by Ahmed Khalfan Ghailani. Return Date set for 10/15/2009 at 10:00 AM. (Cooper, Gregory) Modified on 10/8/2009 (db). (Entered: 10/07/2009) 10/07/2009 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Gregory E. Cooper as to Ahmed Khalfan Ghailani: to RE-FILE Document 792 MOTION Affirmation. Use the document type Affirmation in Support of Motion found under the document list Replies, Opposition and Supporting Documents. ***REMINDER*** - Only the Caption page was filed via ECF, remember to scanned and re-file entire document. (db) (Entered: 10/08/2009) 10/07/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Gregory E. Cooper as to Ahmed Khalfan Ghailani: to E-MAIL Document No. 793 Order to Show Cause to [email protected]. This document is not filed via ECF. ***REMINDER*** - Email the ENTIRE Document. (db) (Entered: 10/08/2009) 10/09/2009 794 AFFIRMATION of Gregory Cooper in Support as to Ahmed Khalfan Ghailani re 792 MOTION Affirmation., 791 MOTION Order to Show Cause.. for TRO and Permanent Injuction precluding the Department of Defense from Unilaterally Severing the Attorney- Client Relationship Between the Defendant and Colonel Jeffey P. Calwell and Major Richard B. Reiter (Bachrach, Michael) (Entered: 10/09/2009) 10/10/2009 795 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 793 MOTION., 791 MOTION Order to Show Cause.. for TRO and Permanent Injunction precluding the Department of Defense from Unilaterally Severing the Attorney-Client Relationship Between the Defendant and Colonel Jeffey P. Calwell and Major Richard B. Reiter (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 230/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Text of Proposed Order)(Bachrach, Michael) (Entered: 10/10/2009) 10/14/2009 797 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. In accordance with the procedures employed in United States v. Aref, 533 F.3d 72, 76-77 (2d Cir. 2008), and in connection with this Court's review, under Section 4 of the Classified Information Procedures Act ("CIPA"), 18 U.S.C. App. 3 Section 4, of classified discovery materials, the Court will hold an ex parte conference with defense counsel on October 15, 2009. Immediately following this conference, the Court will meet again with the government ex parte. The government has moved, under Section 4 of CIPA, for a protective order approving its proposed redactions and summaries of certain classified information contained in documents the government intends to make available to the defendant through discovery. The Court met ex parte with the government regarding this matter on September 24, 2009, and the Court seeks to hear from defense counsel with respect to the same issues before deciding the government's motion. The ex parte proceedings will be recorded by a court stenographer, and the transcripts will be filed in due course. So Ordered. (Signed by Judge Lewis A. Kaplan on 10/14/09)(bw) (Entered: 10/14/2009) 10/14/2009 798 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The sealed transcript dated September 11, 2009 in this case is hereby unsealed and made part of the public record. So Ordered. (Signed by Judge Lewis A. Kaplan on 10/14/09)(bw) (Entered: 10/14/2009) 10/14/2009 799 SEALED DOCUMENT placed in vault. (jri) (Entered: 10/14/2009) 10/15/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 10/15/2009. Ex parte meeting with defense counsel held. Defendant Ghailani not present but but attorneys Gregory E. Cooper, Peter E. Quijano, Michael K. Bachrach, Col. Jeffrey P. Colwell, and Maj. Richard B. Reiter present. Court reporter Rebecca Forman present. (jw) (Entered: 12/07/2009) 10/15/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 10/15/2009. Ex parte meeting with Government counsel held. AUSA Michael Farbiarz present. Court reporter Rebecca Forman present. (jw) (Entered: 12/07/2009) 10/16/2009 800 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. Defendant, with the consent of the government, seeks an extension of the schedule for filing his motion to dismiss the indictment on speedy trial grounds, which currently is due on October 19, 2009. Briefly stated, the basis for the request is that the government's production of various material that may be pertinent to the motion has been slower than anticipated when the existing schedule was established. In the circumstances, some extension of the schedule, if perhaps not an extension as open-ended and potentially lengthly as the defendant seeks, is warranted. Accordingly, the time within which to file the speedy trial motion is extended to November 16, 2009. The government's response shall be filed no later than December 11, 2009. Any reply papers shall be filed no later than December 18, 2009. The motion will be heard on December 22, 2009 at 9:30 a.m. The Court naturally will be prepared to reappraise this schedule as developments may warrant, but counsel should not assume that any further extension will be forthcoming. So Ordered. (Signed by Judge Lewis A. Kaplan on 10/16/09)(bw) (Entered: 10/16/2009) 10/16/2009 812 TRANSCRIPT of Proceedings as to Mohamed Rashed Daoud Al-'Owhali held on 9/9/09 before Judge Kevin Thomas Duffy. (tro) (Entered: 11/05/2009) 10/16/2009 813 TRANSCRIPT of Proceedings as to Mohamed Rashed Daoud Al-'Owhali held on September 9, 2009 at 2:30 pm before Judge Kevin Thomas Duffy. (rdz) (Entered: 11/06/2009) 10/19/2009 801 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The defendant stands indicted for multiple felonies in connection with the 1998 bombings of the United States Embassies in Nyrobi, Kenya, and Dar-Es-Salaam, Tanzania, in which more than 200 people were killed. The matter now is before the Court on the government's ex parte motion for a protective order, pursuant to Section 4 of the Classified Information Procedures Act ("CIPA"), 18 U.S.A. App. 3 Section 4, and Rule 16(d)(1) of the Federal Rules of Criminal https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 231/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Procedure, regarding disclosure of certain classified information in the possession and control of the Central Intelligence Agency. The information in question all is classified within the meaning of CIPA and falls into three categories ("Categories I, II and III") that are described in a sealed supplement to this order (the "Supplement")....[see Order]... Accordingly, the government's motion for a proective order is granted to the extent that the government may comply with its Rule 16 obligations with respect to the Category I and II documents and the Chart by producing those documents to cleared defense counsel in the redacted and partially summarized form submitted to the Court with the exceptions noted in the Supplement. The government shall produce to the defense the Category I and II documents and the Chart in the manner proposed, as modified by the Supplement. The government's motion and supporting papers shall remain preserved in the custody of the Court Security Officer in accordance with established procedures, until future order of this Court. This ruling is without prejudice to any application by the defense for discovery of the redacted and summarized material following its review of the documents produced by the government pursuant to this order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/19/09)(bw) (Entered: 10/19/2009) 10/19/2009 802 MEMORANDUM & ORDER: As to Ahmed Khalfan Ghailani. This is a sealed supplement ("Supplement") to the Court's publicly filed Protective Order ("Protective Order") of even date. It defines with specificity the three categories of classified discovery materials to which the Protective Order applies, and it identifies particular sections of those materials with respect to which the Court denies the government's motion in limited respects by directing the government to produce the original text, with such modifications as are specified below, to cleared defense counsel. (dnd). Modified on 11/12/2009 (rw). (rw). (Entered: 10/20/2009) 10/19/2009 803 Letter by Ahmed Khalfan Ghailani, addressed to Judge Kaplan, from Peter Enrique Quijano, atty for dft, dated 10/15/09, re: The Court's current Scheduling Order requires the dft to serve and file a motion to dismiss the indictment on Speedy Trial grounds by 10/19/09... This is a request to modify the current Scheduling Order by directing that the Speedy Trial Motion be served and filed within thirty 30 days after the defense receives the classified discovery materials which pertain to the issue and that the dates for response and reply be modified accordingly as well.... (ja) (Entered: 10/22/2009) 10/21/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 10/21/2009. Defendant Ghailani did not participate but attorneys Gregory E. Cooper, Col. Jeffrey P. Colwell, and Maj. Richard B. Reiter participated. AUSAs David Raskin and Michael Farbiarz participated. Department of defense general counsel Bob Easton participated. Court reporter Linda Fisher present. (jw) (Entered: 12/07/2009) 10/26/2009 804 REPLY MEMORANDUM OF LAW in Opposition by United States of America as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso re: 791 MOTION Order to Show Cause.. (Farbiarz, Michael) (Entered: 10/26/2009) 10/27/2009 805 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 791 MOTION Order to Show Cause. FOR TEMPORARY RESTRAINING ORDER AND PERMANENT INJUNCTION PRECLUDING THE DEPARTMENT OF DEFENSE FROM UNILATERALLY SEVERING THE ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE DEFENDANT AND COLONEL JEFFREY P. COLWELL AND MAJOR RICHARD B. REITER. (Bachrach, Michael) (Entered: 10/27/2009) 10/27/2009 806 ORDER: As to Ahmed Khalfan Ghailani. Pursuant to, inter alia, the Classified Information Procedures Act ("CIPA"), 18 U.S.C. App. 3 §§ 1-16, and the Classified Information Protective Order, dated, July 21, 2009 (Document No. 765, herein), the following https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 232/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 procedures shall govern the electronic filing (i.e., "ECF" filing) of material related to classified information in the instant case... (Signed by Judge Lewis A. Kaplan on 10/27/2009)(dnd) (Entered: 10/27/2009) 10/28/2009 807 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/29/2009) 10/28/2009 808 TRANSCRIPT of Proceedings as to Mohamed Rashed Daoud Al-'Owhali held on 10/26/09 before Judge Kevin Thomas Duffy. (ldi) (Entered: 10/30/2009) 10/28/2009 MEMORANDUM TO THE DOCKET CLERK: as to Ahmed Khalfan Ghailani. Motion argument and conference held. Defendant Ghailani present with attorneys Gregory Cooper, Peter Quijano, Maj. Richard Reiter, Michael K. Bachrach, and Col. Jeffrey Colwell. AUSAs Michael Farbiarz and Ross Morrison present. DOD attorney David Brash present. Court reporter Guido Tascione present. Swahili interpreter Laura E. Black present. (ja) (Entered: 11/03/2009) 10/28/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Initial Appearance as to Ahmed Khalfan Ghailani held on 10/28/2009. (jw) (Entered: 11/03/2009) 10/28/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 10/28/2009. Motion argument and conference held. Defendant Ghailani present with attorneys Gregory Cooper, Peter Quijano, Maj. Richard Reiter, Michael K. Bachrach, and Col. Jeffrey Colwell. AUSAs Michael Farbiarz and Ross Morrison present. DOD attorney David Brash present. Court reporter Guido Tascione present. Swahili interpreter Laura E. Black present. (jw) (Entered: 11/03/2009) 10/30/2009 809 ENDORSED LETTER: As to Wadih El Hage addressed to Judge Lewis A. Kaplan from Joshua L. Dratel dated 10/26/2009. re: Defense counsel letter with regard to the sentencing submissions in the above-entitled case, in which Sam A. Schmidt, Esq., and I represent defendant Wadih EI-Hage, and requests a two dayextension. until Wednesday. October 28, 2009, in which to file Mr. El-Hage's sentencing submission. I have spoken with Assistant United States Attorney Michael Fabiarz, who informed me that the government consents to this request. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/27/2009)(dnd) (Entered: 10/30/2009) 11/02/2009 810 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. 1. The schedule for the filing, briefing and argument of defendant's anticipated motion to dismiss the indictment on speedy trial act grounds is modified as follows: a. The motion and any supporting papers shall be filed on or before November 16, 2009. b. Any briefs amicus curiae in support of the defendant's motion, together with motions for leave to file, shall be served and filed on or before November 30, 2009. c. The government's papers in opposition shall be filed on or before December 11, 2009. d. Any briefs amicus curiae in opposition to the defendant's motion, together with motions for leave to file, shall be served and filed on or before December 24, 2009. e. Defendant's reply papers in support of the motion shall be filed on or before January 6, 2010. f. The Court will hear argument on the motion on January 11, 2010 at 2:15 p.m. 2. The Court invites the Center for Constitutional Rights and the Criminal Justice Legal Foundation to submit briefs amicus curiae and leave to do so is hereby granted. Should either organization intend to do so, it should notify the parties and the Court of that intention at least seven days before its brief is due under the schedule established in paragraph 1. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/2/09) (bw) (Entered: 11/03/2009) 11/04/2009 811 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/04/2009) 11/05/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sealed Discovery Hearing as to Ahmed Khalfan Ghailani held on 11/5/2009. Defendant Ghailani not present but attorneys Gregory E. Cooper, Peter E. Quijano, and Michael K. Bachrach present. AUSAs David Raskin, Michael Farbiarz, and Nicholas Lewin present. Court reporter Rebecca Forman present. (jw) (Entered: 11/06/2009) 11/06/2009 814 ENDORSED LETTER as to (S7-98-Cr-1023-01) Wadih El Hage addressed to Judge Kaplan from AUSAs Michael Farbiarz/Aimee Hector, dated 11/4/09 re: As Your Honor is aware, the above-referenced defendant is due to be re-sentenced on November 20, 2009. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 233/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 The Government requests an adjournment from November 9 until November 16 of the deadline by which it must file its reply to the defendant's sentencing letter. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 11/5/09) (bw) (Entered: 11/06/2009) 11/09/2009 815 SEALED DOCUMENT placed in vault. (jri) (Entered: 11/09/2009) 11/09/2009 816 Letter by United States of America, as to Ahmed Khalfan Ghailani, addressed to Judge Kaplan, from Ross E. Morrison, dated 10/29/09, re: confirming that the U.S. Dept. of Defense will agree not to remove the military officers, Colonel Jeffrey P. Colwell and Major Richard B. Reiter, from the transition status they currently are in during the pendence of dft's current application. (ja) (Entered: 11/10/2009) 11/10/2009 817 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on October 28, 2009 before Judge Lewis A. Kaplan. (mro) (Entered: 11/12/2009) 11/10/2009 821 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on September 11, 2009 before Judge Lewis A. Kaplan. (mro) (Entered: 11/13/2009) 11/10/2009 825 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on 10/21/09 before Judge Lewis A. Kaplan. (ldi) (Entered: 11/17/2009) 11/12/2009 818 ORDER: As to Ahmed Khalfan Ghailani. The Court's Memorandum and Order, dated October 19, 2009, was filed with the Court Security Officer. The attached copy of that Memorandum and Order, redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet for DI 802. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/12/2009)(dnd) (Entered: 11/12/2009) 11/12/2009 819 MEMO ENDORSMENT: As to Ahmed Khalfan Ghailani. Memo Endorsed Letter. (dnd) (Entered: 11/12/2009) 11/12/2009 820 ORDER: As to Ahmed Khalfan Ghailani. (dnd) (Main Document 820 replaced on 9/6/2011) (ab). (Entered: 11/12/2009) 11/12/2009 822 ENDORSED LETTER: As to Wadih El Hage addressed to Judge Lewis A. Kaplan from Joshua L. Dratel dated 11/10/2009. This letter is submitted in regard to re-sentencing in the above-entitled case, in which Sam A. Schmidt, Esq., and I represent defendant Wadih El- Hage. For the reasons set forth below, it is respectfully requested that Mr. El-Hage's November 20,2009, re-sentencing beadjourned until January 2010, with a new briefing schedule to account for recently received voluminous records that relate to sentencing. We have spoken with Assistant United States Attorney Michael Farbiarz, who informed Mr. Schmidt that the government agrees with this request as set forth below. ENDORSEMENT: Sentencing adjourned to 2/2/2010 at 9:30 a.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/12/2009)(dnd) (Entered: 11/16/2009) 11/16/2009 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial. Document filed by Ahmed Khalfan Ghailani. (Attachments: # 1 Declaration of Peter Quijano in Support of Motion (redacted halfsheet), # 2 Declaration of Col. Jeffrey Colwell in Support of Motion (redacted halfsheet))(Bachrach, Michael) (Entered: 11/16/2009) 11/16/2009 824 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Bachrach, Michael) (Entered: 11/16/2009) 11/17/2009 826 MEMO ENDORSED LETTER, November 11, 2009, as to Ahmed Khalfan Ghailani. (Lewis A. Kaplan, District Judge) (bw) (Entered: 11/17/2009) 11/18/2009 827 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/18/2009) 11/18/2009 828 MEMORANDUM OPINION:#98252 As to Ahmed Khalfan Ghailani re: 791 MOTION Order to Show Cause filed by Ahmed Khalfan Ghailani. Ahmed Khalfan Ghailani, an alleged member of Al Qaeda, was indicted in this Court in 1998 and charged with conspiring with Usama Bin Laden and others to kill Americans abroad by, among other https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 234/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 means, bombing the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. An arrest warrant promptly issued. Some years later, Ghailani was captured abroad by a foreign state and turned over to the Central Intelligence Agency (CIA). Rather than execute the outstanding arrest warrant, the executive branch held Ghailani in CIA custody. Much later, he was transferred to secure facilities at the United States naval base at Guantanamo Bay, Cuba, where he remained until he was turned over to civilian authorities and presented pursuant to the warrant earlier this year. He now stands charged with, among other crimes, conspiring to kill Americans both here and abroad including by bombing the East African embassies. While Ghailani was at Guantanamo, he was charged before a military commission with one of the embassy bombings. Two military officers, members of Marine and Air Force Judge Advocate General Corps, were assigned as his defense counsel. Although the military commission proceeding was aborted, Ghailani now seeks an injunction barring the Secretary of Defense from reassigning those officers to other duties and requiring that he permit them to participate fully in Ghailanis defense in this Court. He argues that his constitutional rights to due process of law and to the effective assistance of counsel would be violated absent the full participation of these military counsel... Colonel Colwell and Major Reiter have performed a service to their country as well as to their client by their steadfast devotion to his cause. Their professionalism in seeking to remain in the case is admirable. The Secretary's decision to reassign them, however, does not violate Ghailanis rights. The defendants motion [DI 791], whether treated solely as one for preliminary and permanent injunctive relief against the Secretary of Defense or as one to dismiss the indictment or for other relief, based on the alleged violation by the United States of his Fifth and Sixth Amendment rights is denied. The foregoing constitute my findings of fact and conclusions of law. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/18/2009)(dnd) Modified on 11/19/2009 (eef). (Entered: 11/18/2009) 11/18/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 11/18/2009. Defendant Ghailani not present but attorneys Gregory E. Cooper and Michael Bachrach present. AUSAs David Raskin and Nicholas Lewin present. Court reporter Rebecca Forman present. (jw) (Entered: 12/07/2009) 11/23/2009 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WHILE DETAINED AND INTERROGATED IN CIA "BLACK SITES" AND GTMO. Document filed by Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 11/23/2009) 11/23/2009 830 DECLARATION of Michael K. Bachrach (redacted halfsheet) in Support as to Ahmed Khalfan Ghailani re: 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W. (Bachrach, Michael) (Entered: 11/23/2009) 11/23/2009 831 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W. (redacted halfsheet) (Bachrach, Michael) (Entered: 11/23/2009) 11/23/2009 832 ORDER: As to Wadih El Hage. IT IS HEREBY ORDERED that Dr. N.G. Berrill, Ph.D. of the New York Center for Neuropsychology and Forensic Behavioral Science, P.C., https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 235/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 previously appointed pursuant to the Criminal Justice Act, is authorized to spend an additional twenty (20) hours of time, for a total of forty (40) hours. SO ORDERED (Signed by Judge Lewis A. Kaplan on 11/23/2009)(dnd) (Entered: 11/23/2009) 11/23/2009 833 ORDER: As to Ahmed Khalfan Ghailani. The government's response to the defendant's first motion to compel discovery, filed November 23, 2009 with the Court Security Officer, shall be filed no later than December 2, 2009. The defense shall file any reply papers no later than December 7, 2009. The motion will be heard on December 9, 2009 at 3:30 p.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/23/2009)(dnd) (Entered: 11/23/2009) 11/24/2009 834 ENDORSED LETTER as to Ahmed Khalfan Ghailani, addressed to Judge Kaplan, from Andrew Weissmann/Brian J. Fischer/Daniel B. Tehrani, representatives amicus curiae, the Center for Constitutional Rights, dated 11/20/09, re:...request an extension of time until 12/14/09 to file CCR's brief. -- Judge endorsed: The time within which CCR shall file its brief extended to and including 12/7/09. SO ORDERED. ( Brief due by 12/7/2009.) (Signed by Judge Lewis A. Kaplan on 11/24/09)(ja) (Entered: 11/24/2009) 11/30/2009 835 NOTICE OF ATTORNEY APPEARANCE Harry A. Chernoff appearing for USA. (Chernoff, Harry) (Entered: 11/30/2009) 11/30/2009 836 NOTICE OF ATTORNEY APPEARANCE Sean Stephen Buckley appearing for USA. (Buckley, Sean) (Entered: 11/30/2009) 11/30/2009 837 DECLARATION of Col. Jeffrey P. Colwell (unclassified//for public release) in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Bachrach, Michael) (Entered: 11/30/2009) 12/01/2009 838 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/01/2009) 12/01/2009 839 ORDER, dated November 24, 2009, as to Ahmed Khalfan Ghailani. (bw) (Entered: 12/01/2009) 12/01/2009 840 DECLARATION of Peter Enrique Quijano (unclassified//for public release) in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Bachrach, Michael) (Entered: 12/01/2009) 12/01/2009 841 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (unclassified//for public release) (Attachments: # 1 Exhibit A (Letter, dated, July 20, 2009) (unclassified//for public release), # 2 Exhibit B (Declaration of Katherine Stone Newell, dated, October 2, 2009) (unclassified//for public release), # 3 Exhibit C (Pro Se Petition Under 28 U.S.C. Sec. 2241 for a Writ of Habeas Corpus, filed, March 9, 2009) (unclassified//for public release), # 4 Exhibit D (Demand for Speedy Trial, dated, May 12, 2009) (unclassified//for public release))(Bachrach, Michael) (Entered: 12/01/2009) 12/03/2009 842 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W. (redacted halfsheet) (Lewin, Nicholas) (Entered: 12/03/2009) 12/07/2009 843 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The Court's Order, dated November 24, 2009, was filed with the Court Security Officer. The attached copy of that Order, redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 236/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 attached copy in place of the half sheet for DI 839. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/7/09)(bw) (Entered: 12/07/2009) 12/07/2009 844 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The Court's Order dated November 24, 2009 reserved decision as to the produceability of two underlying classified documents that the government had not yet provided to the Court for review. The Court has now reviewed those two documents, and it finds that they are not discoverable and that the classified Chart, which already has been produced to cleared defense counsel, provides the defense with substantially the same ability to defend Ghailani as would disclosure of the underlying documents. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/7/09) (bw) (Entered: 12/07/2009) 12/07/2009 845 MEMORANDUM in Support by The Center for Constitutional Rights as to Ahmed Khalfan Ghailani re 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Weissmann, Andrew) (Entered: 12/07/2009) 12/07/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 12/7/2009. Defendant not present but attorneys Peter Quijano and Michael K. Bachrach present. AUSA Michael Farbiarz present. Court reporter Sam Mauro present. (jw) (Entered: 12/08/2009) 12/08/2009 846 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W (redacted halfsheet). (Bachrach, Michael) (Entered: 12/08/2009) 12/09/2009 847 MEMORANDUM AND ORDER, dated December 8, 2009, as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. (Lewis A. Kaplan, District Judge) (bw) (Entered: 12/09/2009) 12/12/2009 848 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (redacted halfsheet) (Lewin, Nicholas) (Entered: 12/12/2009) 12/16/2009 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to (98-Cr-1023-01) Wadih El Hage held on 12/16/2009. Defendant El Hage not present, but attorney Joshua Dratel present. AUSA Michael Farbiarz present. Conference regarding re- sentencing held. (bw) (Entered: 12/28/2009) 12/17/2009 849 ENDORSED LETTER as to Ahmed Khalfan Ghailani, addressed to Judge Kaplan, from Michael K. Bachrach, atty for dft, dated 12/17/09, re: upon the consent of gov't, request additional time, until Wednesday, December 23, 2009 to apprise the Court of whether there remain any discovery disputes with respect to dft's pending Speedy Trial and discovery motions. -- Judge endorsed: Granted. SO ORDERED. ( Reply due by 12/23/2009.) (Signed by Judge Lewis A. Kaplan on 12/17/09)(ja) (Entered: 12/17/2009) 12/18/2009 850 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (redacted and unclassified; in two Parts) (Attachments: # 1 Part II of Government Opposition)(Lewin, Nicholas) (Entered: 12/18/2009) 12/23/2009 851 MEMORANDUM in Opposition by Criminal Justice Legal Foundation as to Ahmed Khalfan Ghailani re 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (BRIEF AMICUS CURIAE) (Scheidegger, Kent) (Entered: 12/23/2009) 12/24/2009 852 NOTICE OF ATTORNEY APPEARANCE Stuart Elliot Wachs appearing for USA. appearing as amicus (Wachs, Stuart) (Entered: 12/24/2009) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 237/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 12/24/2009 853 MOTION to File Amicus Brief on behalf of Center on the Administration of Criminal Law by Stuart Wachs. Document filed by Center on the Administration for Criminal Law as to Ahmed Khalfan Ghailani. (Attachments: # 1 Exhibit A (amicus brief))(Wachs, Stuart) (Entered: 12/24/2009) 12/24/2009 854 RESPONSE in Opposition by Center on the Administration for Criminal Law as to Ahmed Khalfan Ghailani re 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. amicus brief (Wachs, Stuart) (Entered: 12/24/2009) 01/04/2010 855 Order to Unseal Document as to Ahmed Khalfan Ghailani. The redacted versions of the sealed, classified transcripts dated November 5, 2009, November 18, 2009, and December 9, 2009 in this case are hereby unsealed and made part of the public record. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/4/2010)(jw) (Entered: 01/04/2010) 01/04/2010 856 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on 12/9/2009 before Judge Lewis A. Kaplan. (dnd) (Entered: 01/04/2010) 01/04/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to (98-Cr-1023-09) Ahmed Khalfan Ghailani held on 1/4/2010. Teleconference held. Defendant did not participate but attorneys Peter Quijano, Gregory E. Cooper, and Michael K. Bachrach participated. AUSAs Michael Farbiarz, Nicholas Lewin, Sean Buckley, and Harry Chernoff participated. Court reporter Rebecca Forman present. (bw) (Entered: 01/27/2010) 01/05/2010 857 TRANSCRIPT (REDACTED) of Proceedings as to Ahmed Khalfan Ghailani held on 11/18/2009 before Judge Lewis A. Kaplan. (dnd) (Entered: 01/05/2010) 01/05/2010 858 TRANSCRIPT (REDACTED) of Proceedings as to Ahmed Khalfan Ghailani held on 11/5/2009 before Judge Lewis A. Kaplan. (dnd) (Entered: 01/05/2010) 01/05/2010 859 ENDORSED LETTER: As to Ahmed Khalfan Ghailani, addressed to Judge Lewis A. Kaplan from Daniel B. Tehrani dated 1/4/2010. re: In its brief filed on December 7, 2009, amicus curiae Center for Constitutional Rights requested participation at the public portion of oral argument on defendant's motion to dismiss, scheduled for January 11, 2010. We write to inquire whether amici curiae will be permitted to participate in oral argument, so that, if so, we can prepare. ENDORSEMENT: If at least one amicus on each side wishes to argue, the Court will allot 15 minutes to amicus on each side. If not, it will not hear argument from any amicus. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/5/2010)(dnd) (Entered: 01/05/2010) 01/07/2010 860 DECLARATION of Michael K. Bachrach (unclassified - for public release) in Support as to Ahmed Khalfan Ghailani re: 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W. (Bachrach, Michael) (Entered: 01/07/2010) 01/07/2010 861 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W. (unclassified - for public release) (Bachrach, Michael) (Entered: 01/07/2010) 01/07/2010 862 DECLARATION of Michael K. Bachrach (redacted halfsheet) in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 238/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Constitutional Right to a Speedy Trial.. (Bachrach, Michael) (Entered: 01/07/2010) 01/07/2010 863 DECLARATION of Col. Jeffrey P. Colwell (redacted halfsheet) in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Bachrach, Michael) (Entered: 01/07/2010) 01/07/2010 864 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial. (redacted halfsheet). (Bachrach, Michael) (Entered: 01/07/2010) 01/07/2010 865 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial. (unclassified APPENDIX). (Bachrach, Michael) (Entered: 01/07/2010) 01/11/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to (98-Cr-1023-09) Ahmed Khalfan Ghailani held on 1/11/2010. Oral argument regarding speedy trial motion heard. Defendant not present but attorneys Peter Quijano, Gregory Cooper, and Michael K. Bachrach present. AUSAs Michael Farbiarz, Jesse Furman, Harry Chernoff, Sean Buckley, and Nick Lewin present. Court reporter Rebecca Forman present. Decision reserved. (bw) (Entered: 01/15/2010) 01/19/2010 866 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. By letter dated January 6, 2010, defendant has sought a modification of paragraph 5(a) of the Modified Protective Order Pertaining to Classified Information. He contends that his counsel are unduly hampered by their inability, consistent with that order, to discuss with him matters relating to defendant's detention by the Central Intelligence Agency....[see Order]... It perhaps is conceivable that there is an appropriate reason for concern on the part of defendant's counsel. Nevertheless, I am frank to say that I cannot understand from the defendant's submission why the government is not entirely right on this issue. Accordingly, the application is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/19/2010) (bw) (Entered: 01/19/2010) 01/20/2010 867 ORDER: Attorney Gregory E. Cooper terminated in case as to Ahmed Khalfan Ghailani. At the request of the defendant, Gregory E. Cooper, Esq. is relieved as counsel for the defendant. The Court appreciates Mr. Cooper's efforts on behalf of his client. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/20/2010)(dnd) (Entered: 01/20/2010) 01/20/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to (98-Cr-1023-09) Ahmed Khalfan Ghailani held on 1/20/2010. Conference held. Defendant participated by telephone for the unclassified portion of the conference, but attorneys Peter Quijano, Gregory E. Cooper, and Michael K. Bachrach were present in person. AUSAs Nicholas Lewin, Sean Buckley, and Harry Chernoff present. Court reporter Rebecca Forman present. (bw) (Entered: 01/27/2010) 01/21/2010 868 SEALED DOCUMENT placed in vault. (nm) (Entered: 01/21/2010) 01/21/2010 869 MEMORANDUM & OPINION: As to Ahmed Khalfan Ghailani, dated January 21, 2010. (Signed by Judge Lewis A. Kaplan on 1/21/2010)(dnd) (Entered: 01/21/2010) 01/26/2010 870 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Kaplan from Michael Farbiarz and Harry A. Chernoff and Nicholas Lewin and Sean S. Buckley dated 1/25/2010 re: The Government writes respectfully to seek an adjournment of the deadline by which it must settle the referenced order...ENDORSEMENT...The date adjourned sine die are condition that the government report to the Court by 1/28/2010 as proposed. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/26/2010)(jw) (Entered: 01/26/2010) 01/26/2010 871 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on January 4, 2010 4:00 p.m. before Judge Lewis A. Kaplan. (ajc) (Entered: 01/29/2010) 01/26/2010 872 TRANSCRIPT of Proceedings as to Wadih El Hage held on December 15, 2009 12:30 p.m. before Judge Lewis A. Kaplan. (ajc) (Entered: 01/29/2010) 01/26/2010 877 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on January 20, 2010 10:10 a.m. before Judge Lewis A. Kaplan. (ajc) (Entered: 02/04/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 239/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/29/2010 873 ENDORSED LETTER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Kaplan from AUSAs Michael Farbiarz/Harry A. Chernoff/Nicholas Lewin/Sean S. Buckley, dated January 28, 2010 re: The Government submits this letter pursuant to the Court's January 26, 2010 Order. In consultation with a senior member of the Department of Justice's National Security Division, the Government anticipates being able to settle an order, as directed by the Court's January 21, 2010 Memorandum and Opinion, no later than February 8, 2010. The Government seeks an adjournment of the time in which it must settle an order until February 8, 2010. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 1/29/2010)(bw) (Entered: 01/29/2010) 02/01/2010 874 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on January 11, 2010 2:15 p.m. before Judge Lewis A. Kaplan. (ajc) (Entered: 02/01/2010) 02/01/2010 875 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. Counsel for the defendant have applied for the appointment of Steven Zissou, Esq., to replace Gregory Cooper, Esq., as one of defendant's attorneys in this matter. The Court is informed that Mr. Zissou is a member of the Criminal Justice Act ("CJA") panel for the Eastern District of New York and a member of that Court's "capital" and "learned counsel" panels and that he intends to apply this year to become a member of this Court's CJA panel. The Court is informed also that Mr. Zissou possesses TS/SCI security clearance, which should make his clearance for this case swift, and that he was an excellent working relationship with one of the defendant's existing attorneys, thus facilitating cooperative and productive efforts on defendant's behalfh.... Accordingly, with the approval of the Chief Judge and subject to the condition that the defendant consent in writing on or before February 9, 2010, I hereby appoint Mr. Zissou as one of the attorneys for the defendant. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/1/2010)(bw) (Entered: 02/01/2010) 02/02/2010 876 ORDER granting 853 Motion to File Amicus Brief as to Ahmed Khalfan Ghailani (9). The Center on the Administration of Criminal Law (the "Center") moved this Court on December 24, 2009 [DI 853] for leave to file an amicus curiae brief opposing the defendant's motion to dismiss his indictment on speedy trial grounds. According to the Center's motion, the government has consented to this proposed filing, and defense counsel has neither consented to nor opposed it. "[A] district court has broad inherent authority to permit or deny an appearance as amicus curiae in a case.") The Court grants the Center's motion to appear as amicus curiae because it believes that the Center's brief will aid in the determination of the motion at issue. (Signed by Judge Lewis A. Kaplan on 2/2/2010) (dnd) (Entered: 02/02/2010) 02/04/2010 878 ORDER: As to Ahmed Khalfan Ghailani. The Court's Order, dated December 8, 2009, was filed with the Court Security Officer. The attached copy of that Order, redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet for DI 847.SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/4/2010)(dnd) (Entered: 02/04/2010) 02/05/2010 879 Letter by Ahmed Khalfan Ghailani addressed to Judge Kaplan from Ahmed Khalfan Ghailani dated 2/5/2010 re: I have conferred with my attorneys Peter E. Quijano and Michael K. Bachrach regarding the appointment of a third attorney to my Defense Team. I join in my attorney's application that Steven Zissou be appointed as one of my attorneys; and I consent to Mr. Zissou's appointment. (jw) (Entered: 02/05/2010) 02/07/2010 880 NOTICE OF ATTORNEY APPEARANCE: Steve Zissou appearing for Ahmed Khalfan Ghailani. (Zissou, Steve) (Entered: 02/07/2010) 02/09/2010 881 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani....[see Order]... IT IS HEREBY ORDERED that the Government shall conduct a search of files associated with the aforementioned officials and former officials in the Department of Justice that are in the possession of the Department of Justice to determine if such files contain materials regarding the decisions to transfer the defendant referenced in requests one through six of the Defendant's Discovery Motion; and IT IS FURTHER ORDERED that, if any such materials exists, the Government shall promptly review such materials to determine if they are responsive to requests one through six of the Defendant's Discovery Motion and, to the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 240/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 extent that the Government determines that such materials indicate that the decisions to transfer the defendant were for a purpose other than national security, they shall be produced ; Provided, however, that the Court reserves the right to review any documents determined not be responsive and to determine responsiveness de novo; and IT IS FURTHER ORDERED that, to the extent the Government claims that responsive documents otherwise required to by produced by this Order are protected from disclosure by Rule 16(a)(2), it shall serve and file a log enumerating these documents and providing the information that would be required by S.D.N.Y. Local Civ. R. 26.2 in respect of documents withheld on grounds of privilege; and IT IS FURTHER ORDERED that the Government's obligations hereunder shall be performed fully no later than March 2, 2010. (Signed by Judge Lewis A. Kaplan on 2/9/2010)(bw) (Entered: 02/09/2010) 02/11/2010 882 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/11/2010) 02/16/2010 883 MEMORANDUM & ORDER as to ((S7)R98-Cr-1023-04) Mohamed Rashed Daoud Al- 'Owhali....[see Order]... On or about December 12, 2008, the United States Attorney's Office for the Southern District of New York advised al-'Owhali that it had a summary report of a recent interview of the interpreter who worked during the first three days of al- 'Owhali's interrogation after his arrest in Kenya (the "Interpreter"). The summary report indicated that the Interpreter had made statements during the interview contrary to what was shown at the suppression hearings and at trial. Due to the disclosure of this redacted summary report of the interview conducted by a contract employee, al-'Owhali sought remand of his appeal from the Second Circuit on the sole issue of voluntariness. The Second Circuit granted his request on April 30, 2009. On the basis of this newly discovered evidence, al-'Owhali now requests that I vacate the findings of Judge Sand on the voluntariness of al-'Owhali's confession; suppress all confessions he made to the Government while in Kenya; and grant any other relief required under the circumstances.... [see Order]... Given the Interpreter's clarification, the agents' consistent descriptions of the interrogation, and the fact that al-'Owhali has never claimed that he was beaten, the Government correctly concluded that its Brady disclosure obligation had not been triggered. This is especially true because, as stated above, al-'Owhali did not make any incriminating statements during the first three days of his interrogation, the only time the Interpreter was present. In fact, all of al-'Owhali's statements made prior to the oral recitation of his Miranda rights on August 22, 1998, were suppressed. Consequently, there is no possibility, let alone a reasonable probability, that the Government's decision not to disclose the Interpreter's recanted statement affected the outcome of the suppression hearing. I also find no Brady violation with respect to the allegation that there may have been other agents present at al-'Owhali's interrogation who were not mentioned during Agent Gaudin and Detective Parola's testimony at the suppression hearings. First, the fact that other Government agents were present at al-'Owhali's interrogation on August 12, 13, and 14, 1998, was not suppressed. While the identities of such agents were concealed, the fact of their presence was revealed in the disclosures made pursuant to the Jencks Act, 18 U.S.C. Section 3500. (See Gov't's Mem. Exs. H, K, U.) Further, al-'Owhali has made no showing that the presence of other Government agents would even be favorable to him, let alone material, especially in light of the fact that al-'Owhali has never claimed that the agents known to be present, or any other agents, beat him or physically coerced his confession with torture. Thus, under these circumstances, al-'Owhali's motion is DENIED. SO ORDERED. (Signed by Judge Kevin Thomas Duffy on 2/9/2010)(bw) (Entered: 02/17/2010) 02/17/2010 884 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Kaplan from Michael Farbiarz, Harry A. Chernoff, Nicholas Lewin, Sean S. Buckley re: The Government respectfully requests, with the consent of the defendant through defense counsel, that the Court exclude time until September 27, 2010 - the date scheduled for the commencement of trial in the above-captioned matter - pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161 (h) (7) (A) ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Ahmed Khalfan Ghailani. Time excluded from 2/16/2010 until 9/27/2010...ENDORSEMENT...Time excluded through 9/27/2010. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/16/2010)(jw) (Entered: 02/17/2010) 02/23/2010 885 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/23/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 241/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/24/2010 886 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The Court's Memorandum Opinion, dated January 21, 2010, was filed with the Court Security Officer. The attached copy of that Opinion, redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet for DI 869. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/24/2010)(bw) (Entered: 02/24/2010) 03/02/2010 887 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/02/2010) 03/03/2010 888 ENDORSED LETTER: as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Michael Bachrach dated 3/3/2010 re: The defense has received material from the Government today in response to this Court's Orders, dated, January 21, 2010, and February 9, 2010, in the above-referenced matter. Amongst the materials provided to the defense is a list of eighteen documents that the Government states are "potentially responsive documents" but that the Government claims to be "protected from disclosure by the various privileges set out" in a privilege log that the Government has also provided to this Court and to the defense (see Gov't letter, dated, March 2, 2010). Wherefore, the defense respectfully requests that we be given until next Friday, March 12, 2010, to file our objections to the Government's claims of privilege and for the defense to determine whether we wish to press for full disclosure of said items, redacted disclosure of said items, and/or in camera review. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/3/2010)(dnd) (Entered: 03/03/2010) 03/08/2010 889 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W (unclassified - public version). (Bachrach, Michael) (Entered: 03/08/2010) 03/08/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to (98-Cr-1023-09) Ahmed Khalfan Ghailani held on 3/8/2010. Phone conference held. Defendant did not participate, but attorneys Peter Quijano, and Michael Bachrach participated. AUSAS Michael Farbiarz, Nicholas Lewin, Sean Buckley, and Harry Chernoff participated. Court reporter Sonia Huggins present. (bw) (Entered: 03/26/2010) 03/09/2010 890 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The Court hereby modifies paragraph 5, and only paragraph 5, of the current Scheduling Order dated July 2, 2009 [DI 761], such that the defendant shall serve and file any motions not described in paragraphs 1 and 2 of that Order (other than motions in limine) no later than March 26, 2010. The government's response to any such motions shall be served and filed no later than April 9, 2010. Any reply papers in support of any such motions shall be served and filed no later than April 16, 2010. Any such motions shall be argued on April 19, 2010 at 2:00 p.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/9/2010)(bw) (Entered: 03/09/2010) 03/09/2010 891 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W. (unclassified) (Lewin, Nicholas) (Entered: 03/09/2010) 03/11/2010 892 ENDORSED LETTER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Kaplan from AUSAs, Michael Farbiarz / Harry A. Chernoff / Nicholas Lewin / Sean S. Buckley, dated March 10, 2010 re: The Government writes to convey the parties' joint request with respect to the documents listed on the Government's privilege log, which was https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 242/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 submitted to the Court in response to Your Honor's Order of February 9, 2010. The parties jointly and respectfully request that the Court review the eighteen documents listed on the Government's privilege log ex parte and in camera. ENDORSEMENT: The documents shall be produced forthwith for in camera inspection. So Ordered. (Signed by Judge Lewis A. Kaplan on 3/11/2010)(bw) (Entered: 03/12/2010) 03/12/2010 893 ENDORSED LETTER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Kaplan from Attorneys Michael K. Bachrach / Peter Enrique Quijano / Steve Zissou, dated March 9, 2010 re: We write to clarify whether a specific motion, which we believe to be a motion in limine, is one that Your Honor would nonetheless prefer filed as part of the defendant's omnibus motion. ENDORSEMENT: All motions to preclude are suppressed, whether with respect to their witness or any statements by the defendant or allegedly derived therefrom, shall be filed by 3/26/10. So Ordered. (Signed by Judge Lewis A. Kaplan on 3/12/2010)(bw) (Entered: 03/12/2010) 03/15/2010 894 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial. (unclassified - for public release) (Part 1 of 2). (Attachments: # 1 (Part 2 of 2))(Bachrach, Michael) (Entered: 03/15/2010) 03/15/2010 895 DECLARATION of Michael K. Bachrach (unclassified - for public release) in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Bachrach, Michael) (Entered: 03/15/2010) 03/15/2010 896 DECLARATION of Col. Jeffrey Colwell (unclassified - for public release) in Support as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Bachrach, Michael) (Entered: 03/15/2010) 03/17/2010 897 ORDER: As to Ahmed Khalfan Ghailani. By Order dated February 9, 2010 [DI 881] this Court directed the government to identify certain documents responsive to that Order and either to produce those documents to cleared defense counselor, if the government claims the documents are protected from disclosure by Federal Rule of Criminal Procedure 16(a) (2), to serve and file a privilege log with respect to those documents. On March 2, 2010, the government filed such a log. It maintains that these documents are only marginally, if at all, responsive to the Order. To facilitate a more focused litigation of the government's privilege claims, the parties jointly have asked the Court [DI 892] to review the documents listed in the government's privilege log and to determine whether any in fact are responsive to its Order. Having reviewed the eighteen documents in question, the Court finds that only three are potentially responsive: Documents 6, 8, and 12. Any challenge to the government's Rule 16(a)(2) and other privilege claims with respect to those documents shall be filed no later than April 1, 2010. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/17/2010) (dnd) (Entered: 03/17/2010) 03/19/2010 898 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on March 8, 2010 5:00 p.m. before Judge Lewis A. Kaplan. (ajc) (Entered: 03/22/2010) 03/26/2010 899 MODIFICATION TO THE MODIFIED PROTECTIVE ORDER PERTAINING TO CLASSIFIED INFORMATION as to Ahmed Khalfan Ghailani...., and to protect the national security, Section 5(a) of the Protective Order is hereby modified as follows: a. The defense may not disclose classified information to the Defendant unless that same information has been previously provided to the Defense by the Defendant. The Defense may not confirm or deny to the Defendant the assertions made by the Defendant based on knowledge the Defense may have obtained from classified information; except where that classified information has been provided to the Defendant. Notwithstanding the foregoing, nothing herein shall be construed to prevent the Defense from describing to or discussing with the Defendant the contents of any document that properly bears the classification: SECRET//CONTENTS MAY BE DISCUSSED WITH GHAILANI. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/26/2010)(ja) (Entered: 03/26/2010) 03/26/2010 900 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/26/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 243/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 03/29/2010 901 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Kaplan from Michael Farbiarz, Harry A. Chernoff, Nicholas Lewin and Sean S. Buckley dated 3/29/2010 re: Accordingly, the Government - with the consent of the defendant - respectfully requests that the Court set the following schedule for the Government's opposition to the defense motions: (1) the Government's response to the defendant's Fifth Amendment motion be filed no later than April 19, 2010, and (2) the Government's response to the defendant's motion relating to...ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/29/2010)(jw) (Entered: 03/29/2010) 04/02/2010 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or about July 24, 2004; An order directing the Government to identify any and all witnesses that they learned of during the interrogation of the defendant; An order directing the Government to specify all evidence that is subject to suppression and/or preclusion as a result of the unlawful interrogation of the defendant; The use a jury questionnaire, individual sequestered and attorney conducted voir dire pursuant to Rule 24 of the Federal Rules of Criminal Procedure; and any and all further relief as this Court deems just and proper (original Notice of Omnibus Motions filed with chambers on 3/26/10). Document filed by Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 04/02/2010) 04/02/2010 903 DECLARATION of Steve Zissou, Esq. (halfsheet -- original filed with chambers 3/26/10) in Support as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (Bachrach, Michael) (Entered: 04/02/2010) 04/02/2010 904 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (halfsheet -- original filed with chambers 3/26/10) (Bachrach, Michael) (Entered: 04/02/2010) 04/02/2010 905 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W. -- Memorandum of Law of Defendant Ahmed Khalfan Ghailani Objecting to the Government's Claims of Privilege Regarding Documents 6, 8, and 12 of the Government's Privilege Log (redacted halfsheet -- original filed with chambers on 4/1/10) (Bachrach, Michael) (Entered: 04/02/2010) 04/05/2010 906 MOTION for relief of judgment. MOTION for Recusal under 28 USC 455A and for entry of appearance for defendant Wadih El Hage. Document filed by Wadih El Hage. (ja) (Entered: 04/07/2010) 04/09/2010 907 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The Scheduling Order [DI 761], as amended [DI 890, 901], is modified in the following manner: 1. The government's response to the defendant's memorandum objecting to the government's claims of privilege regarding certain documents [DI 905] shall be served and filed no later than April 16, 2010. Any reply papers shall be served and filed no later than April 20, 2010. The Court will decide the motion on submission. 2. The government's response to the defendant's motion relating to the Bureau of Prison's security procedure shall be served and filed no later than April 16, 2010. Any reply papers shall be served and filed no later than April 23, 2010. The Court will hear argument on the motion on April 27, 2010 at 4:30 p.m. 3. The government's response to so much of the defendant's omnibus motion [DI 902] as seeks dismissal on Fifth Amendment grounds shall be served and filed no later than April 19, 2010. Any reply papers shall be served and filed no later than April 26, 2010. The Court will decide the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 244/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 motion on submission. 4. The response and reply briefs regarding the balance of the defendant's omnibus motion [DI 902] shall be served and filed according to the current schedule. The Court shall hear argument on those motions on April 19, 2010 at 2:00 p.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/9/2010)(bw) (Entered: 04/09/2010) 04/15/2010 908 ENDORSED LETTER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Kaplan from AUSAs Michael Farbiarz/Harry A. Chernoff/Nicholas Lewin/Sean S. Buckley dated April 14, 2010 re: the parties jointly request that the Court adjourn by one day the schedule for filing the Government response and defense reply regarding the Fifth Amendment Motion (each of which is expected to be classified at the TOP SECRET//SCI level); the Government response would thus be filed no later than Tuesday, April 20, 2010 and the defense reply no later than Tuesday, April 27, 2010. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 4/15/2010)(bw) (Entered: 04/15/2010) 04/15/2010 909 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (redacted halfsheet) (Lewin, Nicholas) (Entered: 04/15/2010) 04/16/2010 910 SEALED DOCUMENT placed in vault. (jri) (Entered: 04/19/2010) 04/19/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to (98-Cr-1023-09) Ahmed Khalfan Ghailani held on 4/19/2010. Motion argument held. Defendant was not present but attorneys Steve Zissou, Peter Quijano, and Michael Bachrach were present. AUSAs Michael Farbiarz, Nick Lewin, Jesse Furman, Harry Chernoff, and Sean Buckley were present. Court reporter Rebeca Forman present. (bw) (Entered: 04/29/2010) 04/20/2010 911 USCA ORDER REINSTATING APPEAL (Certified Copy) as to Mohamed Rashed Daoud Al-'Owhali re: 636 Notice of Appeal - Final Judgment, 702 Notice of Appeal - Final Judgment USCA Case Number 01-1535-cr(L), 05-0920-cr. ORDER, by letter dated February 18, 2010, Frederick H. Cohn, counsel for defendant-appellant Al-O`Whali, wrote the Clerk of Court seeking to invoke this Court`s jurisdiction following a final decision of the District Court. Mr. Cohn requested that this Court refrain from issuing a scheduling order will not issue at this time. Mr. Cohn is directed to notify this Court by April 2, 2010 of his progress in ascertaining his client`s intentions regarding this appeal. If his client intends to pursue this appeal, scheduling will proceed in the ordinary course under Local Rule 31.2(a). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 4/15/2010. (nd) (Entered: 04/20/2010) 04/20/2010 912 ENDORSED LETTER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Kaplan from AUSAs Michael Farbiarz/Jesse M. Furman/Harry Chernoff/Nicholas Lewin/Sean Buckley, dated April 20, 2010 re: The Government seeks an extension on consent of defense counsel and until Friday, of the time within which to file its response to the defendant's motion to dismiss the indictment on the ground that the treatment of the defendant violated the Due Process Clause of the Fifth Amendment. Should the Court grant the Government's request, the defendant's time to reply to the Government's response be extended as well. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 4/20/2010)(bw) (Entered: 04/20/2010) 04/21/2010 913 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 829 FIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI WFIRST MOTION for Discovery SEEKING: (1) MATERIAL RELATED TO THE GOVERNMENT'S DECISION TO DETAIN AND INTERROGATE AHMED KHALFAN GHAILANI IN CIA "BLACK SITES" AND GTMO; AND (2) MATERIAL RELATED TO THE TREATMENT OF AHMED KHALFAN GHAILANI W. (redacted halfsheet) (Lewin, Nicholas) (Entered: 04/21/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 245/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 04/21/2010 914 DECLARATION of Special Agent Philip A. Swabsin in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Lewin, Nicholas) (Entered: 04/21/2010) 04/21/2010 915 DECLARATION of Felice John Viti in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Lewin, Nicholas) (Entered: 04/21/2010) 04/21/2010 916 DECLARATION of Michael Farbiarz (unclassified/redacted) in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Lewin, Nicholas) (Entered: 04/21/2010) 04/21/2010 917 DECLARATION of Michael Farbiarz in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Attachments: # 1 Exhibit Part 1 of 5, # 2 Exhibit Part 2 of 5, # 3 Exhibit Part 3 of 5, # 4 Exhibit Part 4 of 5, # 5 Exhibit Part 5 of 5) (Lewin, Nicholas) (Entered: 04/21/2010) 04/22/2010 918 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of [NAME REDACTED], Central Intelligence Agency ("CIA") in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial. (Lewin, Nicholas) Modified on 4/23/2010 (KA). (Entered: 04/22/2010) 04/23/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Nicholas James Lewin as to Ahmed Khalfan Ghailani: to address filed document under seal. Seal documents are to be addressed to Records Management Office to place document under seal. Document No. 918 Classified In Camera Declaration. This document is not filed via ECF. (KA) (Entered: 04/23/2010) 04/23/2010 919 MEMORANDUM OPINION #98864 as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. Ahmed Khalfan Ghailani, an alleged member of Al Qaeda, was indicted in this Court in 1998 and charged with conspiring with Usama Bin Laden and others to kill American abroad by, among other means, bombing the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. The matter is before the Court on Ghailani's motion to compel production of three documents that the government contends are privileged against disclosure. The defendant does not dispute that the requirements of the privileges asserted by the government are satisfied as to each of the documents. Rather, he claims that the government has waived privilege by placing the substance of the documents at issue or, alternatively, that the public interest in the documents overcomes the privileges in question....[see Memorandum Opinion]... Conclusion: For the foregoing reasons, defendant's objections to the government's claim of attorney-client privilege with respect to Documents 6, 8 and 12 are overruled. The Clerk shall terminate DI 829. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/23/2010)(bw) Modified on 4/28/2010 (ajc). (Entered: 04/23/2010) 04/23/2010 920 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/23/2010) 04/23/2010 921 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (In Three Parts) (Attachments: # 1 Supplement Memo of Law: Part 2 of 3, # 2 Supplement Memo of Law: Part 3 of 3)(Lewin, Nicholas) (Entered: 04/23/2010) 04/23/2010 922 DECLARATION of Nicholas Lewin in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (Attachments: # 1 Exhibit Exhibit A (Part 1 of 5), # 2 Exhibit Exhibit https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 246/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 A (Part 2 of 5), # 3 Exhibit Exhibit A (Part 3 of 5), # 4 Exhibit Exhibit A (Part 4 of 5), # 5 Exhibit Exhibit A (Part 5 of 5), # 6 Exhibit Exhibit B (Part 1 of 3), # 7 Exhibit Exhibit B (Part 2 of 3), # 8 Exhibit Exhibit B (Part 3 of 3), # 9 Exhibit Exhibit C (Part 1 of 1))(Lewin, Nicholas) (Entered: 04/23/2010) 04/26/2010 923 MEMORANDUM OPINION (Corrected) as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. Ahmed Khalfan Ghailani, an alleged member of Al Qaeda, was indicted in this Court in 1998 and charged with conspiring with Usama Bin Laden and others to kill American abroad by, among other means, bombing the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. The matter is before the Court on Ghailani's motion to compel production of three documents that the government contends are privileged against disclosure. The defendant does not dispute that the requirements of the privileges asserted by the government are satisfied as to each of the documents. Rather, he claims that the government has waived privilege by placing the substance of the documents at issue or, alternatively, that the public interest in the documents overcomes the privileges in question....[see Memorandum Opinion]... Conclusion: For the foregoing reasons, defendant's objections to the government's claim of attorney-client privilege with respect to Documents 6, 8 and 12 are overruled. The Clerk shall terminate DI 829. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/26/2010)(bw) (Entered: 04/26/2010) 04/26/2010 924 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on 4/19/2010 before Judge Lewis A. Kaplan. (jfe) (Entered: 04/26/2010) 04/26/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Motion argument held as to Ahmed Khalfan Ghailani held on 4/26/2010. Defendant was not present but attorneys Steve Zissou, Peter Quijano, and Michael Bachrach were present. AUSAs Nick Lewin, Harry Chernoff, and Sean Buckley were present. Court reporter Rebeca Forman present. (jw) (Entered: 04/29/2010) 04/27/2010 925 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Kaplan from Michael K. Bachrach, Peter Enrique Quijano and Steve Zissou dated 4/23/2010 re: As such the defense requests, upon the Government's consent, that both parties be permitted to complete the record, with materials relevant to any and all outstanding motions, by Friday, April 30, 2010....ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/26/2010)(jw) (Entered: 04/27/2010) 04/27/2010 926 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (unclassified -- for public release) (Bachrach, Michael) (Entered: 04/27/2010) 04/27/2010 927 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (redacted/unclassified) (Lewin, Nicholas) (Entered: 04/27/2010) 04/27/2010 928 DECLARATION of Steve Zissou (unclassified -- for public release) in Support as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (Bachrach, Michael) (Entered: 04/27/2010) 04/27/2010 929 REPLY MEMORANDUM OF LAW* in Support as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou (redacted - halfsheet) (original filed with Court on 4/17/10). (Bachrach, Michael) Modified on 4/28/2010 (db). Modified on 4/28/2010 (db). *(Letter-Format as permitted by Chambers on 4/28/10) (Entered: 04/27/2010) 04/30/2010 930 MOTION for an Anonymous Jury and Related Protective Measures. Document filed by https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 247/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 United States of America as to Ahmed Khalfan Ghailani. (Lewin, Nicholas) (Entered: 04/30/2010) 04/30/2010 931 MEMORANDUM in Support by United States of America as to Ahmed Khalfan Ghailani re 930 MOTION for an Anonymous Jury and Related Protective Measures.. (Lewin, Nicholas) (Entered: 04/30/2010) 05/01/2010 932 DECLARATION of Michael K. Bachrach in Support as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou, 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Attachments: # 1 Exhibit A: First Affidavit of Defendant Ahmed Khalfan Ghailani, dated, April 27, 2010 (redacted halfsheet), # 2 Exhibit B: Second Affidavit of Defendant Ahmed Khalfan Ghailani, dated, April 27, 2010 (redacted halfsheet))(Bachrach, Michael) (Entered: 05/01/2010) 05/03/2010 933 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The defendant has applied for an adjournment of the hearing scheduled for May 6, 2010 based on the unavailability on that date of a particular witness. The proceeding scheduled for May 6, 2010 will proceed as planned. If the defense wishes the defendant to testify personally in the matter under consideration, that testimony will be taken on May 6. The defense shall notify the government and the Court no later than May 5, 2010 at 10 a.m. whether he will testify. Regardless of whether he will testify, however, the defendant shall be produced at the May 6, 2010 proceeding. The testimony of the currently available witness will be taken commencing at 11:00 a.m. on May 18, 2010 unless the witness becomes available earlier. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/3/2010)(bw) (Entered: 05/03/2010) 05/03/2010 934 ENDORSED LETTER as to Ahmed Khalfan Ghailani, addressed to Judge Kaplan, from Peter Enrique Quijano, atty for dft, dated 4/29/2010, re: request that the Court modify it's current Scheduling Order and permit the defense to file the Exhibits relating to various outstanding motions by 5/7/2019. -- Judge endorsed: Granted. (Signed by Judge Lewis A. Kaplan on 4/30/2010)(ja) (Entered: 05/03/2010) 05/03/2010 935 ENDORSED LETTER as to Wadih El Hage, addressed to Judge Kaplan, from Joshua L. Dratel, atty for dft, dated 4/23/2010, re: request to strike document #906 from the docket. -- Judge endorsed: The filing is stricken. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/3/2010)(ja) (Entered: 05/03/2010) 05/03/2010 936 NOTICE OF APPEAL (Interlocutory) by Ahmed Khalfan Ghailani from 933 Order, Set Deadlines/Hearings,. (nd) (Entered: 05/03/2010) 05/03/2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ahmed Khalfan Ghailani to US Court of Appeals re: 936 Notice of Appeal - Interlocutory. (nd) (Entered: 05/03/2010) 05/03/2010 937 TRANSCRIPT REQUEST FROM B filed by Ahmed Khalfan Ghailani. Transcript not being requested. (nd) (Entered: 05/03/2010) 05/04/2010 938 SEALED DOCUMENT placed in vault. (nm) (Entered: 05/05/2010) 05/04/2010 939 SEALED DOCUMENT placed in vault. (nm) (Entered: 05/05/2010) 05/04/2010 940 SEALED DOCUMENT placed in vault. (nm) (Entered: 05/05/2010) 05/05/2010 941 ORDER as to Ahmed Khalfan Ghailani. The memorandum and order, dated 5/4/2010, previously filed under seal, is unsealed on consent of both parties. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/5/2010)(ja) (Entered: 05/05/2010) 05/05/2010 942 MEMORANDUM & ORDER: As to Ahmed Khalfan Ghailani. On April 2, 2010, defendant moved for "[a)n order directing the Bureau of Prisons to cease and desist from employing body cavity searches against " him " as a prerequisite to his attendance at court appearances" (the "BoP Motion"). The motion was supported principally by a declaration of a psychologist employed by the defense, Katherine A. Porterfield, Ph.D., who asserted https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 248/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 that the defendant suffers from post-traumatic stress disorder as a result of his treatment while in CIA custody and that the defendant would be "at risk to be unable to function in a courtroom and in relation to his legal defense" if what the defense calls "body cavity searches" are continued. The motion was argued on April 26, 2010. At the conclusion of the argument, the Court scheduled an evidentiary hearing on the BoP Motion for May 6, 2010. The defense then sought an adjournment on the basis of Dr. Porterfield's unavailability on that date. On May 3, 2010, the Court granted the defendant's motion to the extent of accommodating Dr. Porterfield's schedule by agreeing to hear her testimony on May 18. It nevertheless directed that the defendant be produced on May 6, 2010. This prompted a somewhat confused letter, dated May 3, 2010, from defendant's counsel. The letter purports to address "certain procedures relevant to Mr. Ghailani's competency hearing presently scheduled for Thursday, May 6, 2010." It indicates an intention to file a Notice of Appeal from the May 3 order, which subsequently has been filed, and to file an emergency motion in the Second Circuit seeking a stay of the supposed competency hearing. In addition, it applies to this Court for an order (l) appointing a mental health professional to conduct an independent examination of the defendant, (2) providing that Dr. Porterfield testify first, the new mental health professional next, and the defendant third at what the letters calls the competency hearing, and, if that is not done, (3) staying the May 3 order for sufficient time to permit the defendant to make an emergency motion in the Court of Appeals. As will appear, the defendant is proceeding under misapprehensions of fact and law... For the foregoing reasons, defendant's letter application of May 3, 2010 is denied in all respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/5/2010)(dnd) (Entered: 05/05/2010) 05/05/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference via Phone as to Ahmed Khalfan Ghailani held on 5/5/2010. Phone conference held. Defendant did not participate but attorneys Peter Quijano, Michael K. Bachrach, and Steve Zissou participated. AUSAs Nicholas Lewin, Sean Buckley, and Harry Chernoff participated. Court reporter Rebecca Forman present. Kaplan, J. (ajc) (Entered: 06/11/2010) 05/10/2010 943 MEMORANDUM & OPINION: #98930 As to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss Indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or about filed by Ahmed Khalfan Ghailani. Ahmed Khalfan Ghailani, an alleged member of Al Qaeda, was indicted in this Court in 1998 and charged with conspiring with Usama Bin Laden and others to kill Americans abroad by, among other means, bombing the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, bombings in which 224 people reportedly were killed. Years later, he was captured abroad by a foreign state and subsequently turned over to the Central Intelligence Agency (CIA). He was held and interrogated by the CIA at one or more secret locations outside the United States for a substantial period. He then was shifted to a secure facility at the United States naval base at Guantanamo where he remained until June 2009, at which time he was produced in this Court for prosecution on the indictment. Ghailani now moves to dismiss the indictment on the ground that he was tortured by the CIA in violation of his rights under the Due Process Clause of the Constitution... If, as Ghailani claims, he was tortured in violation of the Due Process Clause, he may have remedies. For the reasons set forth above, however, those remedies do not include dismissal of the indictment. The defendants motion to dismiss the indictment on the grounds of allegedly outrageous government conduct in violation of his Fifth Amendment due process right is denied. SO ORDERERD. (Signed by Judge Lewis A. Kaplan on 5/10/2010)(dnd) Modified on 5/12/2010 (ajc). (Entered: 05/10/2010) 05/12/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Phone Conference as to Ahmed Khalfan Ghailani held on 5/12/2010. Defendant did not participate but attorneys Peter Quijano, Steve Zissou, and Michael K. Bachrach participated. AUSAs Nicholas Lewin, Sean Buckley, Michael Farbiarz, and Harry Chernoff present. Court reporter Bill Richards present. (Entered: 05/19/2010) 05/13/2010 944 MOTION for Modification of Scheduling Order, dated, July 2, 2009 -- Notice of Motion. Document filed by Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 05/13/2010)

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 249/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 05/13/2010 945 DECLARATION of Michael K. Bachrach (Declaration and Memorandum of Law) in Support as to Ahmed Khalfan Ghailani re: 944 MOTION for Modification of Scheduling Order, dated, July 2, 2009 -- Notice of Motion.. (Bachrach, Michael) (Entered: 05/13/2010) 05/13/2010 946 DECLARATION of Michael K. Bachrach (redacted halfsheet) (original filed w/ Court on 5/6/10 -- also filed in support of motion, dated, 4/2/10, which had been originally filed under seal) in Support as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou, 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Bachrach, Michael) (Entered: 05/13/2010) 05/14/2010 947 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on May 6, 2010 9:30 a.m. before Judge Lewis A. Kaplan. (ajc) (Entered: 05/17/2010) 05/17/2010 948 MEMO ENDORSEMENT as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani on "Notice of Motion" filed by Attorney Michael K. Bachrach, Esq./Peter Enrique Quijano, Esq./Steve Zissou, Esq., for defendant Ahmed Khalfan Ghailani, dated May 13, 2010 re: For a modification of this Court's scheduling Order, dated, July 2, 2009. ENDORSEMENT: Denied. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/17/2010)(bw) (Entered: 05/17/2010) 05/18/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Motion hearing held. Defendant was not present but attorneys Peter Quijano, Steve Zissou, and Michael K. Bachrach present. AUSAs Nicholas Lewin, Sean Buckley, Michael Farbiarz, and Harry Chernoff present. Court reporter Rebecca Forman present. (ab) (Entered: 05/20/2010) 05/20/2010 949 SEALED DOCUMENT placed in vault. (cb) (Entered: 05/20/2010) 05/20/2010 950 SEALED DOCUMENT placed in vault. (cb) (Entered: 05/20/2010) 05/20/2010 951 SEALED DOCUMENT placed in vault. (cb) (Entered: 05/20/2010) 05/20/2010 952 As to Ahmed Khalfan Ghailani.... Having consulted with counsel regarding my presence at the 5/18/2010 hearing, regarding a pretrial motion, and understanding that my absence may hurt my defense, I elect not to attend. I waive any right I may have to be present at the May 5/18/2010 hearing. (ja) (Entered: 05/20/2010) 05/20/2010 953 ORDER as to Ahmed Khalfan Ghailani, permitting Gregory Brian Saathof, MD a qualified psychiatrist, to conduct a psychiatric exam... of the dft, at the MCC at a mutually convenient time to determine the dft's mental condition and to prepare report of same no later than 6/21/2010.... SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/20/2010) (ja) (Entered: 05/21/2010) 05/20/2010 956 Court Exhibit as to Ahmed Khalfan Ghailani. Defendant's letter marked Exhibit G6 (dnd) (Entered: 05/27/2010) 05/21/2010 954 SEALED DOCUMENT placed in vault. (cb) (Entered: 05/21/2010) 05/21/2010 955 SEALED DOCUMENT placed in vault. (cb) (Entered: 05/21/2010) 05/27/2010 957 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on 5/18/10 before Judge Lewis A. Kaplan. (ama) (Entered: 05/28/2010) 06/08/2010 958 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on 5/12/2010 @ 12:45 p.m. before Judge Lewis A. Kaplan. (js) (Entered: 06/09/2010) 06/14/2010 959 DECLARATION of Michael K. Bachrach (unclassified - for public release) (see DI 932) in Support as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou, 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial.. (Attachments: # 1 Exhibit A: First Affidavit of Defendant Ahmed Khalfan Ghailani, dated, April 27, 2010 (unclassified - for https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 250/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 public release), # 2 Supplement B: Exhibit B: Second Affidavit of Defendant Ahmed Khalfan Ghailani, dated, April 27, 2010 (unclassified - for public release))(Bachrach, Michael) (Entered: 06/14/2010) 06/14/2010 960 MEMORANDUM OPINION as to Ahmed Khalfan Ghailani, dated June 14, 2010. (Signed by Lewis A. Kaplan, District Judge) (ab) (Entered: 06/14/2010) 06/16/2010 961 ORDER granting 930 Motion re: 930 MOTION for an Anonymous Jury and Related Protective Measures as to Ahmed Khalfan Ghailani (9)The government moves for an anonymous jury and for other, related protective measures. Defendant has not responded to the motion although the time within which to have done so has expired. The government's motion [DI 930] is granted in all respects, substantially for the reasons set forth in the government's memorandum.SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/16/2010) (jw) (Entered: 06/16/2010) 06/17/2010 962 ORDER as to Ahmed Khalfan Ghailani. The Court's memorandum opinion, dated June 14,2010, was filed with the Court Security Officer. The attached copy of that opinion, reviewed by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet for DI 960. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/17/2010)(jw) (Entered: 06/17/2010) 06/23/2010 963 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou (unclassified - for public release) (unredacted copy filed with court on April 17, 2010). (Bachrach, Michael) (Entered: 06/23/2010) 06/23/2010 964 TRANSCRIPT of Proceedings (Teleconference) as to (98-Cr-1023-09) Ahmed Khalfan Ghailani held on May 28, 2010 10:30 a.m. before Judge Lewis A. Kaplan. (bw) (Entered: 06/23/2010) 06/24/2010 965 DECLARATION of [REDACTED], Special Agent, Federal Bureau of Investigation in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (Lewin, Nicholas) (Entered: 06/24/2010) 06/24/2010 966 Letter by Ahmed Khalfan Ghailani I have been informed that the Court will hold a conference on June 24, 2010, regarding a pretrial motion that I have filed as a defendant in this criminal case and that I may attend that hearing. I have been informed also that I have the right to be present at critical stages in mycriminal prosecution. The Court has explained to me the advantages of being present and the disadvantages of being absent from court proceedings related to my case. Having consulted fully with counsel regarding my presence at this proceeding and understanding that my absence may hurt my defense, I elect not to attend. I waive any right I may have to be present at the June 24, 2010, conference. (dnd) (Entered: 06/24/2010) 06/24/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Conference as to Ahmed Khalfan Ghailani held on 6/24/2010. Defendant Ghailani not present but attorneys Steve Zissou, Peter E. Quijano, and Michael K. Bachrach present. AUSAs Harry Chernoff and Sean Buckley present. Court reporter Rebecca Forman present. Mr. Zissou's affidavit regarding the competency issue shall be filed by 6/30/10. (ab) (Entered: 06/24/2010) 06/24/2010 ORAL ORDER as to Ahmed Khalfan Ghailani : Mr. Zissou's affidavit regarding the competency issue shall be filed by 6/30/10. (ab) (Entered: 06/24/2010) 06/25/2010 967 SEALED DOCUMENT placed in vault. (cb) (Entered: 06/25/2010) 06/25/2010 968 SEALED DOCUMENT placed in vault. (cb) (Entered: 06/25/2010) 06/28/2010 969 ORDER: As to Ahmed Khalfan Ghailani. The Court directs the government to produce to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 251/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 the Court, with a copy provided to defense counsel, transcripts of the recordings referenced in the following two sections of Dr. Gregory Brian Satthoff's report, dated June 20, 2010: (1) page 7, the third and fourth sentences of the third paragraph under the first subheading; and (2) page 22, the first paragraph under the subheading. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/28/2010)(dnd) (Entered: 06/28/2010) 07/01/2010 970 SEALED DOCUMENT placed in vault. (cb) (Entered: 07/01/2010) 07/01/2010 971 ORDER as to (S10-98-CR-1023-09) Ahmed Khalfan Ghailani. On May 20, 2010, the Court directed that defendant be subjected to a psychiatric examination, pursuant to 18 U.S.C. Section 4247, in order to determine, among other things, his competency to stand trial. The circumstances leading to that order are plain from the opinions dated May 5 and June 14, 2010 and the transcript of the proceedings on May 18, 2010. They need not be set out in further detail here. The Court now has had the benefit of a report and live testimony of Katherine Porterfield, Ph.D., a clinical psychologist; the report of Gregory Brian Saathoff, M.D., a qualified psychiatrist; its own observations of the defendant on those occasions on which he has been before it; and at least one letter from the defendant to the Court. It has read also the classified reports of mental status examinations while the defendant was in the custody of the Central Intelligence Agency ("CIA") and the Department of Defense as well as other classified materials provided to it in connection with proceedings under the Classified Information Procedures Act. It notes also that neither the government nor the defendant has requested an evidentiary hearing under chapter 313 of the Criminal Code, 218 U.S.C. Sections 4241 et seq. Both in fact have indicated their view that no such hearing is required. Based on the entire record, including its assessment of the persuasiveness and credibility of the sources before it, the Court makes the following findings of fact and conclusions of law. [*** See Order for complete text ***] (Signed by Judge Lewis A. Kaplan on 7/1/2010)(bw) (Entered: 07/01/2010) 07/06/2010 972 Letter by United States of America as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Harry A. Chernoff dated 6/24/2010 re: The government writes respectfully to enclose the letter agreement between the parties concerning certain evidentiary matters that was referenced at today's conference. (dnd) (Entered: 07/07/2010) 07/07/2010 973 ORDER: As to Ahmed Khalfan Ghailani. The redacted version of the classified report by Gregory Brian Saathoff, M.D., dated June 20, 2010, in this case is hereby unsealed and made part of the public record. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/7/2010)(dnd) (Entered: 07/07/2010) 07/07/2010 974 FORENSIC PSYCHIATRIC EVALUATION: As to Ahmed Khalfan Ghailani, submitted by Gregory B. Saathoff M.D. (dnd) (Entered: 07/07/2010) 07/07/2010 975 ORDER as to Ahmed Khalfan Ghailani. The redacted version of the classified report by Gregory Brian Saathoff, M.D. dated June 20,2010, in this case is hereby unsealed and made part of the public record. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/7/2010) (jw) (Entered: 07/07/2010) 07/08/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 7/8/2010.Phone conference held. Defendant did not participate but attorneys Peter Quijano, and Steve Zissou participated. AUSAs Nicholas Lewin and Harry Chernoff participated. Court reporter Jerry Harrison present. Kaplan, J. (ajc) (Entered: 07/19/2010) 07/13/2010 976 OPINION as to Ahmed Khalfan Ghailani re: 823 MOTION to Dismiss Indictment Due to the Denial of Defendant's Constitutional Right to a Speedy Trial, filed by Ahmed Khalfan Ghailani. Ahmed Khalfan Ghailani, allegedly a member of the Al Qaeda terrorist organization, is charged with complicity in the 1998 bombings of two U.S. embassies in east Africa in which 224 people were killed and over a thousand injured. He and others were indicted for that offense in 1998.... In June 2009, following a change of policy the executive branch transferred Ghailani to this district for trial on the 1998 indictment. Ghailani now moves to dismiss the indictment. He argues that the U.S. gov't, by detaining him for nearly five years in CIA and DoD custody before presenting him for trial, deprived him of his right under the Sixth Amendment to a speedy trial Before proceeding to that contention, however, it is appropriate to consider the purpose served by this prosecution https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 252/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 and the reasons the speedy trial analysis cannot be avoided.... CONCLUSION: For the foregoing reasons, the dft's motion to dismiss the indictment due to the denial of his constitutional right to a speedy trial [DI 823] is denied. The gov't is entitled to attempt to hold Ghailani accountable in a court of law for his alleged complicity in the murder of 224 people and the injury of more than 1,000 others. The Court expresses its thanks to counsel for amici, who were invited to supplement the efforts of counsel on both sides and therefore to assist the Court in resolving this unusual issue. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/12/2010)(ja) (Entered: 07/13/2010) 07/13/2010 978 SUPPLEMENT TO OPINION RULING ON DEFENDANT'S MOTION TO DISMISS THE INDICTMENT FOR ALLEGED DEPRIVATION OF SPEEDY TRIAL, dated 7/12/2010, as to Ahmed Khalfan Ghailani. (Signed by Judge Lewis A. Kaplan on 7/12/2010)(ja) (jw). (jw). (Entered: 07/15/2010) 07/14/2010 977 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Kaplan from Michael Farbiarz, Harry A. Chernoff, Nicholas Lewin and Sean S. Buckley dated 7/14/2010 re: The Government writes respectfully in connection with the Court's June 24, 2010 Order that the parties file any proposed jury questionnaires by July 12, 2010. Accordingly, the Government did not (and does not intend to) submit a proposed jury questionnaire....ENDORSEMENT...The Court so requests. (Signed by Judge Lewis A. Kaplan on 7/14/2010)(jw) (Entered: 07/14/2010) 07/15/2010 979 Proposed Jury Instructions by Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 07/15/2010) 07/15/2010 980 ORDER as to Ahmed Khalfan Ghailani. The classified Supplement, dated July 12,2010, to the Court's opinion denying the defendant's motion to dismiss the indictment for alleged deprivation of his right to a speedy trial was filed with the Court Security Officer. The attached copy of that Supplement, reviewed and redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet for DI 978. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/15/2010)(jw) (Entered: 07/20/2010) 07/16/2010 981 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on June 24, 2010 at 2:00 pm before Judge Lewis A. Kaplan. (eef) (Entered: 07/21/2010) 07/20/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 7/20/2010. Conference held. Defendant Ghailani not present but attorneysPeter Quijano and Michael Bachrach present. AUSA MichaelFarbiarz present. Court reporter Rebecca Forman present. Kaplan, J. (ajc) (Entered: 07/22/2010) 07/21/2010 982 ORDER as to Ahmed Khalfan Ghailani. IT IS HEREBY ORDERED: 1) 3500 material and Giglio material relating to the above-captioned matter and disclosed to the defendant by the Government pursuant to 18 U.S.C. Section 3500, Fed. R. Crim. P. 26.2 & 32(c)(2) are deemed "confidential information." The defendant and his counsel shall provide a copy of this Order to designated persons to who they disclose confidential information pursuant to paragraph 2(c). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/21/2010)(ab) (Entered: 07/21/2010) 07/21/2010 983 Letter by United States of America as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Michael Farbiarz dated 7/20/2010 re: The Government writes to move fro entry of the enclosed proposed Order. The motion is made on consent of the defendant, and would limit disclosure of various materials that the Government is to provide, including Jencks Act materials. (ab) (Entered: 07/21/2010) 07/21/2010 984 ORDER as to Ahmed Khalfan Ghailani: 1. Any motion by either party to close any part of the voir dire in the trial scheduled to commence in September 2010 shall be filed no later than 8/13/2010. Answering papers and reply papers, if any, shall be filed no later than 8/27/2010 and 9/3/2010, respectively. 2. The Court intends to advise prospective jurors that they may ask that their answers to particular questions during otherwise public voir dire examination be heard only by the Court and counsel. Should such requests be made, the Court will hear the prospective jurors' reasons for making the requests in private (with https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 253/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 counsel present) and determine whether and to what extent the answers to the specific questions will be heard publicly in open court or privately (with counsel present) and, if the latter, whether the transcript containing such answers will be made publicly available in redacted or unredacted form. 3. Any objection to the proposed procedure described in paragraph 2 shall be made by any party to this action by motion no later than 8/13/2010. Any such objection by any non-party shall be made by motion no later than 9/3/2010. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/21/2010)(ab) (Entered: 07/21/2010) 07/21/2010 985 Letter by United States of America as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Michael Farbiarz dated 7/20/2010. The government respectfully moves for entry of the enclosed proposed Order. The motion is made on consent of the defendant, and would limit disclosure of various materials that the government is to provide, include Jencks Act materials. (dnd) (Entered: 07/26/2010) 07/26/2010 986 Letter by Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan dated 7/19/2010 re: Having consulted fully with counsel regarding his presence at the conference scheduled for July 20, 2010, and understanding that his absence may hurt his defense the defendant waives any right he may have to be present at the July 20, 2010, conference. (dnd) (Entered: 07/26/2010) 07/29/2010 987 ORDER as to Ahmed Khalfan Ghailani. The opinion filed with the Court Security Officer on 7/12/2010, and filed publicly on 7/13/2010 [DI 927], is corrected in the following manner: 1) On page 30, the word "change" in line 6 should be "changed" instead. 2) On page 40, the first "to" in line 8 should be removed. 3) On page 42, the first "the" in line 12 should be removed. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/28/2010)(ab) (Entered: 07/29/2010) 07/30/2010 988 ORDER as to Ahmed Khalfan Ghailani. The Court proposes the following procedures for selecting the panel from which the trial jury will be drawn. (See Order) A draft of the proposed jury questionnaire will be available to counsel from chambers on August 3, 2010. Any objections to it shall be filed no later than August 13,2010. Any responses to the objections shall be filed no later than August 17, 2010. The Court subsequently will determine the final form of the questionnaire. Any objection to these procedures or to the proposed questionnaire shall be filed no later than August 14,2010. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/30/2010)(ab) (Entered: 07/30/2010) 08/13/2010 989 MEMORANDUM OF LAW by Ahmed Khalfan Ghailani re: 988 Order,, DEFENDANT AHMED KHALFAN GHAILANI'S REQUESTS FOR MODIFICATIONS TO THIS COURTS PROPOSED JURY QUESTIONNAIRE AND VOIR DIRE PROCEDURES. (Bachrach, Michael) (Entered: 08/13/2010) 08/17/2010 990 MEMORANDUM OF LAW in Opposition by Ahmed Khalfan Ghailani -- Defendant's Response to the Government's Objections, and the Government's Modifications, to the Court's Proposed Jury Questionnaire. (Bachrach, Michael) (Entered: 08/17/2010) 08/17/2010 991 MEMORANDUM OF LAW in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 989 Memorandum of Law filed by Ahmed Khalfan Ghailani. (Chernoff, Harry) (Entered: 08/17/2010) 08/18/2010 992 MEMORANDUM & OPINION, dated August 17, 2010 as to Ahmed Khalfan Ghailani. (Signed by Judge Lewis A. Kaplan on 8/17/2010)(dnd) (Entered: 08/18/2010) 08/18/2010 993 SEALED DOCUMENT placed in vault. (cb) (Entered: 08/19/2010) 08/18/2010 994 SEALED DOCUMENT placed in vault. (cb) (Entered: 08/19/2010) 08/18/2010 995 SEALED DOCUMENT placed in vault. (cb) (Entered: 08/19/2010) 08/23/2010 996 ORDER as to Ahmed Khalfan Ghailani: On 7/30/2010, this Court advised the parties of the proposed procedures for jury selection in this case, a few days later, distributed for comment a proposed jury questionnaire. The parties have made a number of requests/objections in light thereof (see Order). (Signed by Judge Lewis A. Kaplan on 8/20/2010)(ab) (Entered: 08/23/2010) 08/24/2010 997 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The proposed instruction to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 254/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 be given to prospective jurors before they are asked to fill out questionnaire is available to counsel from chambers. Any objections shall be filed no later than September 8, 2010. So Ordered. (Signed by Judge Lewis A. Kaplan on 8/23/2010)(bw) (Entered: 08/24/2010) 09/01/2010 998 USCA MANDATE ON INTERLOCUTORY APPEAL (certified copy) as to Ahmed Khalfan Ghailani re: 936 Notice of Appeal - Interlocutory. USCA Case Number 10-1713. IT IS HEREBY ORDERED that the motion by Appellant Ahmed Khalfan Ghailani to withdraw his interlocutory appeal is GRANTED, with prejudice. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 09/01/2010. (nd) (Entered: 09/01/2010) 09/01/2010 999 ORDER: As to Ahmed Khalfan Ghailani. The defendant's application for authorization to use Courtroom Connect to obtain Internet access in the courtroom during the trial of this action, and to have the cost thereof borne under the Criminal Justice Act, is granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/31/2010)(dnd) (Entered: 09/01/2010) 09/01/2010 1000 ORDER: As to Ahmed Khalfan Ghailani. The Memorandum Opinion, dated August 17, 2010, was filed with the Court Security Officer. The attached copy of that opinion, reviewed and redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet for DI 992. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/1/2010)(dnd) (Entered: 09/01/2010) 09/02/2010 1001 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Disclosure of Government Witness List (Notice of Motion). Document filed by Ahmed Khalfan Ghailani. (Attachments: # 1 Declaration of Michael K. Bachrach in Support of Motion for the Production of a Government Witness List)(Bachrach, Michael) Modified on 9/8/2010 (KA). (Entered: 09/02/2010) 09/02/2010 1002 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by Ahmed Khalfan Ghailani re 1001 MOTION for Disclosure of Government Witness List (Notice of Motion). MOTION for Disclosure of Government Witness List (Notice of Motion).. (Bachrach, Michael) Modified on 9/8/2010 (KA). (Entered: 09/02/2010) 09/07/2010 1003 ORDER as to Ahmed Khalfan Ghailani: The transcript in this matter dated 9/3/2010, is hereby sealed and filed with the Court Security Officer until further ordered by this Court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/7/2010)(ab) (Entered: 09/07/2010) 09/08/2010 1004 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Kaplan, from Michael Farbiaz/Harry A. Chernoff/Nicholas Lewin/Sean S. Buckley, AUSAs, dated 9/7/2010, re: Court's Order on 9/3/2010 - status update on witnesses.... -- Judge endorsed: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/8/2010)(ja) (Entered: 09/08/2010) 09/08/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Keith Bachrach as to Ahmed Khalfan Ghailani: to RE- FILE Document 1001 MOTION for Disclosure of Government Witness List (Notice of Motion). MOTION for Disclosure of Government Witness List (Notice of Motion).. ERROR(S): Filing Error of Attachment. Supporting Declaration must be filed separately. Use event code declaration in support of motion located under Replies, Opposition and Supporting Documents. (KA) (Entered: 09/08/2010) 09/08/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Keith Bachrach as to Ahmed Khalfan Ghailani: to RE- FILE Document 1002 Memorandum in Support of Motion. ERROR(S): Link to incorrect filing of doc.#1001. (KA) (Entered: 09/08/2010) 09/08/2010 1005 MOTION for Disclosure of Government Witness List (Notice of Motion) (originally filed 9/2/10). Document filed by Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 09/08/2010) 09/08/2010 1006 DECLARATION of Michael K. Bachrach in Support as to Ahmed Khalfan Ghailani re: 1005 MOTION for Disclosure of Government Witness List (Notice of Motion) (originally filed 9/2/10).. (Bachrach, Michael) (Entered: 09/08/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 255/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 09/08/2010 1007 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 1005 MOTION for Disclosure of Government Witness List (Notice of Motion) (originally filed 9/2/10).. (Bachrach, Michael) (Entered: 09/08/2010) 09/09/2010 1008 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on 7/20/2010 before Judge Lewis A. Kaplan. (jw) (Entered: 09/09/2010) 09/09/2010 1009 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 1005 MOTION for Disclosure of Government Witness List (Notice of Motion) (originally filed 9/2/10).. (Chernoff, Harry) (Entered: 09/09/2010) 09/10/2010 1010 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 1005 MOTION for Disclosure of Government Witness List (Notice of Motion) (originally filed 9/2/10). (reply memorandum filed 9/10/10). (Attachments: # 1 Exhibit A: Letter, dated, September 7, 2010, # 2 Exhibit B: Letter, dated, September 8, 2010)(Bachrach, Michael) (Entered: 09/10/2010) 09/13/2010 1011 ORDER granting in part and denying in part 1005 Motion for Disclosure as to Ahmed Khalfan Ghailani (9). Defendant's motion for disclosure of the government's witness list is granted to the extent that: 1) The government, on or before 9/17/2010, shall give defendant a list of the witnesses it plans to call during the first two weeks of the taking of evidence at trial. 2) On or before 10/1/2010, the government shall give defendant a list of the witnesses it plans to call during the third week of the taking of evidence at trial. No later thaneach Friday thereafter, the government shall give defendant a list of the witnesses it plans to call during the next week of the trial for which no such list has been provided previously. 3) All lists shall identify the witnesses in the order in which the government intends to call the witnesses. The motion is denied in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/13/2010) (ab) (Entered: 09/13/2010) 09/13/2010 1012 SEALED DOCUMENT placed in vault. (nm) (Entered: 09/13/2010) 09/13/2010 1013 Proposed Voir Dire Questions by Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 09/13/2010) 09/13/2010 1014 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - Proposed Voir Dire Questions by United States of America as to Ahmed Khalfan Ghailani(PROPOSED EXAMINATION OF PROSPECTIVE JURORS). (Buckley, Sean) Modified on 9/14/2010 (KA). (Entered: 09/13/2010) 09/14/2010 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Sean Stephen Buckley as to Ahmed Khalfan Ghailani: to RE-FILE Document 1014 Proposed Voir Dire Questions. Use the document type Proposed Examination of Jurors found under the document list Trial Documents. (KA) (Entered: 09/14/2010) 09/14/2010 1015 PROPOSED EXAMINATION OF JURORS by United States of America as to Ahmed Khalfan Ghailani. (Buckley, Sean) (Entered: 09/14/2010) 09/14/2010 1016 SEALED DOCUMENT placed in vault. (nm) (Entered: 09/15/2010) 09/14/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 9/14/2010. Hearing held. Defendant Ghailani present with attorneys Steve Zissou, Peter Quijano, and Michael Bachrach. AUSAs Michael Farbiarz, Harry Chernoff, Nicholas Lewin, and Sean Buckley present. Court reporter present. Hearing begun and adjourned to 9/15/10. (ajc) (Entered: 10/04/2010) 09/15/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 9/15/2010. Hearing continued and adjourned to 9/16/10. (ajc) (Entered: 10/04/2010) 09/15/2010 1100 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/25/2011) 09/16/2010 1017 ORDER as to Ahmed Khalfan Ghailani. The Warden MCC and USMS is to accept proper courtroom attire for dft, for each court appearance beginning on the morning of 9/27/2010 and for the duration of his trial. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/16/2010)(ja) (Entered: 09/16/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 256/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

09/16/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 9/16/2010. Hearing continued and concluded. (ajc) (Entered: 10/04/2010) 09/17/2010 1018 ORDER: As to Ahmed Khalfan Ghailani. The parties shall file any request to charge in this matter no later than October 31, 2010. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/17/2010)(dnd) (Entered: 09/17/2010) 09/17/2010 1019 SEALED DOCUMENT placed in vault. (nm) (Entered: 09/17/2010) 09/17/2010 1020 MEMO ENDORSEMENT: As to Ahmed Khalfan Ghailani. Defendant Ahmed Khalfan Ghailani hereby moves for the following exhibits to be admitted into evidence in relation to the pre-trial hearing that has taken place this week in the above-referenced matter: 3501-2; 3501-3; 3503-8; 3501-4; 3501-5; 3502-1; 3502-3; 3503-1; 3504-1; 3504-2; 3504-3; 3504-4; 3504-5; 3504-6; 3504-7; 3504-8; 3504-9; 3504-10; 3504-11; 3504-12; 3504-13; 3504-14; 3504-15; 3504-16; 3504-17; 3504-18; 3505-1; 3505-2; 3505-2T; 3505-3; GX10; GX11; GX12; GX13; GX14; CL201O-00000215 - CL201 0-00000217; CL201 0-00000223- CL201 0-00000224; and CL2010-00000225 -CL201 0-00000226. ENDORSEMENT: Received on consent. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/17/2010) (dnd) (Entered: 09/17/2010) 09/17/2010 1021 MEMO ENDORSEMENT as to Ahmed Khalfan Ghailani. re: The Government writes respectfully in response to the defendant's letter of September 16, 2010. In that letter, the defendant moves to admit certain specified exhibits into the record of the hearing held by the Court between September 14, 2010 and September 16, 2010. The Government consents to the admission of these exhibits. In addition and with the consent of defense counsel the Government respectfully moves the following two additional exhibits into evidence: CL2010-00000218 through CL2010-00000220 and CL2010-00000221 through CL2010- 00000222. ENDORSEMENT: Received on consent. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/17/2010)(dnd) (Entered: 09/17/2010) 09/20/2010 1022 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (redacted halfsheet) (Lewin, Nicholas) (Entered: 09/20/2010) 09/20/2010 1023 Letter by (98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Louis A. Kaplan from Attorneys Michael K. Bachrach, Peter Enrique Quijano, Steve Zissou dated September 20, 2010 re: We write in response to this Court's inquiry whether there is any contention on behalf of the defense that this Court's preliminary remarks to the prospective venire, which is to be read to prospective jurors prior to their completion of this Court's jury questionnaire in the above-referenced matter, should be considered "either the beginning of the trial within the meaning of Criminal Rule 43 or a portion of the trial to which it is the constitutional right of the defendant to be present" (Transcript, dated, September 16, 2010, at 442). Please be advised that the defense makes neither contention and does not seek to have the defendant present during this Court's preliminary remarks. (bw) (Entered: 09/20/2010) 09/22/2010 1024 ORDER as to Ahmed Khalfan Ghailani. The Court is in receipt of a letter from members of the press who regularly cover the courthouse requesting a blank copy of the jury questionnaire, copies of the completed questionnaires, notice of any request to close the voir dire, and reservation of seating in the courtroom for the voir dire. The letter does not indicate that copies were furnished to the parties. The Court intends to reserve some seating in the courtroom for the use of members of the press during all public proceedings in this case. The parties' views with respect to other requests shall be filed no later than September 23, 2010. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/22/2010)(ja) (Entered: 09/22/2010) 09/22/2010 1025 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) - RESPONSE by United States of America as to Ahmed Khalfan Ghailani re: 1024 Order,

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 257/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (Government's Submission Pursuant to the Court's September 22, 2010 Order). (Buckley, Sean) Modified on 9/23/2010 (KA). (Entered: 09/22/2010) 09/22/2010 1026 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION in Limine Concerning Certain Co-Conspirator Statements(MEMORANDUM OF LAW IN SUPPORT OF MOTION). Document filed by United States of America as to Ahmed Khalfan Ghailani. (Buckley, Sean) Modified on 9/23/2010 (KA). (Entered: 09/22/2010) 09/23/2010 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Sean Stephen Buckley as to Ahmed Khalfan Ghailani: to RE-FILE Document 1026 MOTION in Limine Concerning Certain Co-Conspirator Statements. Use the document type Memorandum of Law in Support(non-motion) found under the document list Other Documents. (KA) (Entered: 09/23/2010) 09/23/2010 1027 MEMORANDUM OF LAW in Support by United States of America as to Ahmed Khalfan Ghailani Motion in Limine Concerning Certain Co-Conspirator Statements. (Buckley, Sean) (Entered: 09/23/2010) 09/23/2010 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 1025 as to Defendant(s) Ahmed Khalfan Ghailani: HAS BEEN REJECTED. Note to Attorney Sean Stephen Buckley : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA) (Entered: 09/23/2010) 09/23/2010 1028 SEALED DOCUMENT placed in vault. (cb) (Entered: 09/23/2010) 09/27/2010 1029 ORDER as to Ahmed Khalfan Ghailani. Consistent with the June 16, 2010, order granting the Government's request for an anonymous jury, the following procedures will be followed in relation to the jury: 1. The names, addresses and places of employment of the Jurors in the above-captioned matter shall be kept confidential and not disclosed to any person. 2. During their presence in the Courthouse, the jurors shall be in the custody of the United States Marshal for this District, and/or his designees, including Deputy Marshals, employees and agents of the United States Marshal Service and Court Security Officers (collectively "USMS") 3. The USMS shall not converse with the jurors except as may be necessary in carrying out the obligations imposed by this Order and in no event shall the USMS, while in the presence of any juror, comment upon any person, including any witness, the defendant or lawyers for any party, or any issue in this case. 4. The USMS shall escort and provide a light breakfast, refreshments, and lunch for the jurors so impaneled. 5. Jurors are prohibited from entering the 8th floor cafeteria, shall remain assembled during breaks, and shall follow the directions of the USMS concerning the place, time and manner of their assembly and keeping. 6. The USMS shall make all appropriate arrangements to transport the jurors to and from the United State Courthouse, 500 Pearl Street, New York, New York. 7. This Order may be modified or amended at any time by the Court. 8. That the Clerk shall transmit copies of this Order to the District's Jury Administrator and to the United States Marshal for this District. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/27/10)(jw) (Entered: 09/27/2010) 09/27/2010 1030 Letter: addressed to Judge Lewis A. Kaplan from Michael Bachrach dated 9/23/2010 re: Defense counsel writes to respond to the Court's Order dated, September 22, 2010 regarding access by the press to the jury selection in the above referenced matter. Defendant Ahmed Khalfan Ghailani, by and through his attorneys, respectfully submits that he has no objections to any of the requests made by the press, which are addressed in this Court's Order. (dnd) (Entered: 09/28/2010) 09/28/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 9/28/2010. Conference held. Defendant not present, but attorneys Steve Zissou, Peter Quijano, and Michael Bachrach present. AUSAs Michael Farbiarz, Harry Chernoff, Nicholas Lewin, and Sean Buckley present. Court reporter present. (ajc) (Entered: 10/04/2010) 09/29/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Voir Dire begun on 9/29/2010 (S12-98-Cr-1023-) Ahmed Khalfan Ghailani (9) on Count https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 258/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 1,1s,1ss,1sss,1ssss,1sssss,1ssssss,2ssssss,3sssss,3,3s,3ss,3sss,3ssss,3ssssss,4sssss, 4ssss,4sss,4ssssss,5sssss,5ssss,5sss,5ssssss,6sssss,6sss,6ssss,6ssssss,7sss-8sss,7ssss, 7sssss,7ssssss,8sssss,8ssss,8ssssss,9sss-10sss,9sssss,9ssss,9ssssss,10sssss,10ssss, 10ssssss,11sss-233sss,11sssss-223sssss,11ssss-223ssss,11ssssss-223ssssss,217-227,217s- 227s, 217ss-227ss,224ssss-234ssss,224sssss-234sssss,224ssssss-234ssssss,234sss- 235sss,235ssss-275ssss, 235sssss-275sssss,235ssssss-275ssssss,236sss-237sss,238sss- 239sss,240sss-241sss,242sss, 243sss-244sss,276ssss,276sssss,276ssssss,277ssss- 278ssss,277sssss-279sssss,277ssssss-278ssssss, 279ssss,279ssssss,280ssss- 281ssss,280sssss-282sssss,280ssssss-281ssssss,282ssss,282ssssss, 283ssss,283sssss,283ssssss,284ssss,284sssss,284ssssss,285ssss,285sssss,285ssssss,286ssss, 286sssss,286ssssss,287ssssss-305ssssss,306ssssss-308ssssss. Jury voir dire begun. Defendant present with attorneys Steve Zissou, Peter Quijano, and Michael Bachrach. AUSAs Michael Farbiarz, Harry Chernoff, Nicholas Lewin, and Sean Buckley present. Court reporter present. (bw) (Entered: 10/08/2010) 09/30/2010 1031 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The sealed, classified transcript dated September 3, 2010 in this case has been reviewed by the appropriate authorities and now may be filed publicly. It is hereby unsealed and made part of the public record. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/30/2010)(bw) (Entered: 09/30/2010) 09/30/2010 Transmission to Sealed Records Clerk: as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. Transmitted re: 1031 Order, to the Sealed Records Clerk for the unsealing of document or case. (bw) (Entered: 09/30/2010) 09/30/2010 1032 MEMORANDUM in Opposition by Ahmed Khalfan Ghailani re 1026 MOTION in Limine Concerning Certain Co-Conspirator Statements.. (Bachrach, Michael) (Entered: 09/30/2010) 10/01/2010 1033 ORDER as to Ahmed Khalfan Ghailani. The government's application for a continuance of the trial is granted to the extent that the rial is postponed until Wednesday, 10/6/2010 at 09:30 AM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 10/1/2010)(jar) (Entered: 10/01/2010) 10/01/2010 1034 ENDORSED LETTER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Kaplan from AUSAs Michael Farbiarz, Harry A. Chernoff, Nicolas Lewin, Sean S. Buckley dated September 30, 2010 re: The Government writes regarding the single disputed paragraph contained within Government Exhibit S-27, which was the subject of the Government's motion in limine, dated September 24, 2010....[see letter]... Nevertheless, in the interest of resolving this matter expeditiously, the Government will consent to releasing the defense of its obligations under paragraph 2 of Government Exhibit S-27. We do this in view of the fact that the defense has represented in court that the defendant will not attempt to withdraw from any other provisions of Government Exhibit S-27, and will not attempt to withdraw from any portion of any other pre-trial stipulation entered into between the parties as of the date of the oral argument. ENDORSEMENT: So Ordered. (Signed by Judge Lewis A. Kaplan on 10/1/2010)(bw) (Entered: 10/01/2010) 10/01/2010 1035 ORDER as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The government's motion in limine with respect to GX 80, 81, 93, 1600, 80-T, 81-T, 93-T, and 1600-T is granted for the reasons and to the extent stated in open court and denied without prejudice in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/30/2010)(bw) (Entered: 10/01/2010) 10/01/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 10/1/2010. Motion argument heard. Defendant not present, but attorneys Steve Zissou, Peter Quijano, and Michael Bachrach present. AUSAs Michael Farbiarz, Harry Chernoff, Nicholas Lewin, and Sean Buckley present. Court reporter Linda Fisher present. Kaplan, J. (ajc) (Entered: 10/04/2010) 10/06/2010 1036 MEMORANDUM AND ORDER as to Ahmed Khalfan Ghailani re dft Ahmed Khalfan Ghailani.... The matter now, before the Court on Ghailani's motion to preclude the government from calling Hussein Abebe as a witness against him on the ground that Abebe's testimony would be the product of statements made by Ghailani to the CIA under https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 259/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 duress.... The Court has had the benefit of extensive evidentiary submissions, a three-day hearing at which Abebe and representatives of the Federal Bureau of Investigation, the CIA, the Tanzanian National Police testified, legal briefs, and skilled argument... - it now finds and concludes that the government has failed to prove that Abebe's testimony is sufficiently attentuated from Ghailani's coerced statements to permit its receipt in evidence.... Accordingly, the motion to preclude Abebe's testimony is granted.... This brief order will be supplemented by an opinion containing the Court's findings of fact and conclusions of law. In view of the classified nature of much of the evidence and in accordance with the Classified Information Procedures Act, that opinion will be filed with the Court Security Officer. A redacted version will be filed publicly as soon as possible.SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/5/2010)(ja) (Entered: 10/06/2010) 10/06/2010 1037 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. (Redacted/Unclassified) (Lewin, Nicholas) (Entered: 10/06/2010) 10/06/2010 1038 OPINION as to Ahmed Khalfan Ghailani. (Signed by Judge Lewis A. Kaplan on 10/6/2010)(ja) (Entered: 10/07/2010) 10/06/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to (S12-98-Cr-1023-09) Ahmed Khalfan Ghailani held on 10/6/2010. Conference held. Defendant present with attorneys Steve Zissou, Peter Quijano, and Michael Bachrach. AUSAs Michael Farbiarz, Harry Chernoff, Nicholas Lewin, and Sean Buckley present. Court reporter present. Jury peremptories adjourned to 10/12/10 at 9:30am. (bw) (Entered: 10/08/2010) 10/06/2010 ORAL ORDER as to (S12-98-Cr-1023-09) Ahmed Khalfan Ghailani. Status Conference (Jury Peremptories) set for 10/12/2010 at 09:30 AM before Judge Lewis A. Kaplan. (bw) (Entered: 10/08/2010) 10/07/2010 1039 ORDER: As to Ahmed Khalfan Ghailani. The Memorandum Opinion, dated August 17, 2010, was filed with the Court Security Officer. On September 1, 2010, a redacted version of that Opinion was filed on the public record [DI 1000] in place of the half sheet [DI 992]. The Opinion subsequently has been reviewed andredacted for a second time by the appropriate authorities so that more information now may be disclosed publicly. Accordingly, the Clerk shall file the attached copy of the Opinion in place of both the half sheet [DI 992] and the first redacted version of the Opinion [DI 1000]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/7/2010)(dnd) (Entered: 10/07/2010) 10/12/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Selection as to Ahmed Khalfan Ghailani held on 10/12/2010. Trial begun and adjourned to 10/13/10. (jw) (Entered: 10/13/2010) 10/12/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 10/12/2010 (jw) (Entered: 10/13/2010) 10/13/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 10/13/2010. 10/13/10 Trial continued and adjourned to 10/14/10. Kaplan, J. (ajc) (Entered: 10/14/2010) 10/14/2010 1040 ORDER as to Ahmed Khalfan Ghailani. The Opinion, dated October 6, 2010, was filed with the Court Security Officer. The attached copy of that opinion, reviewed and redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet for DI 1038. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/13/2010)(ja) (ad). (Entered: 10/14/2010) 10/14/2010 1041 ORDER as to Ahmed Khalfan Ghailani. This case is being tried before an anonymous jury. Juror number 34 (seat 6) has brought to the Court's attention facts indicating a possible violation of 28 U.S.C. § 1875 by the juror's employer and requested the appointment of counsel. The Court, having concluded that there is probable merit to the claim of violation https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 260/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 of 28 U.S.C. § 1875, hereby appoints Bobbi C. Sternheim, Esq., as counsel for juror number 34. Ms. Sternheim shall be compensated and her necessary expenses repaid to the extent provided by 18 U.S.C. § 3006A. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/14/2010)(ja) (Entered: 10/14/2010) 10/14/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 10/14/2010. Trial continued and adjourned to 10/18/10. (jw) (Entered: 10/15/2010) 10/15/2010 1042 Order to Unseal Document as to Ahmed Khalfan Ghailani. The following two portions of the sealed transcript dated September 29, 2010 in this case are hereby unsealed and made part of the public record: (1) from line 21 on page 126 through the end of page 130, and (2) pages 142 and 143. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/15/2010) (dnd) (Entered: 10/15/2010) 10/15/2010 Transmission to Sealed Records Clerk: As to Ahmed Khalfan Ghailani. Transmitted re: 1042 Order to Unseal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (dnd) (Entered: 10/15/2010) 10/15/2010 1043 ENDORSED LETTER: As to Ahmed Khalfan Ghailani, addressed to Judge Lewis A. Kaplan from Michael K. Bachrach dated 10/14/2010. re: Defense counsel writes to respectfully request that the defense be provided with real time transcripts in the above- referenced matter. Based upon the observations of at least two Government witnesses who testified today, the defense respectfully submits that real time transcripts would be of great assistance to the preparation of cross-examination in this case... ENDORSEMENT: Approved. (Signed by Judge Lewis A. Kaplan on 10/14/2010)(dnd) (Entered: 10/15/2010) 10/15/2010 1044 SEALED DOCUMENT placed in vault. (cb) (Entered: 10/15/2010) 10/15/2010 1045 SEALED DOCUMENT placed in vault. (cb) (Entered: 10/15/2010) 10/18/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to (S12-98- Cr-1023-09) Ahmed Khalfan Ghailani held on 10/18/2010. Trial continued and adjourned to 10/19/10. (bw) (Entered: 10/21/2010) 10/19/2010 1047 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/19/2010) 10/19/2010 1048 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/19/2010) 10/19/2010 1049 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/19/2010) 10/19/2010 1050 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/19/2010) 10/19/2010 1051 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/19/2010) 10/19/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to (S12-98- Cr-1023-09) Ahmed Khalfan Ghailani held on 10/19/2010. Trial continued and adjourned to 10/20/10. (bw) (Entered: 10/21/2010) 10/20/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to (S12-98- Cr-1023-09) Ahmed Khalfan Ghailani held on 10/20/2010. Trial continued and adjourned to 10/21/10. (bw) (Entered: 10/21/2010) 10/21/2010 1052 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 902 MOTION to Dismiss indictment based upon outrageous governmental conduct in violation of the defendant's Fifth Amendment Right to Due Process; Suppression and/or preclusion of all statements made by the defendant following his arrest on or abou. POST-HEARING MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AHMED KHALFAN GHAILANI'S MOTION TO PRECLUDE THE TESTIMONY OF HUSEIN ABEBE (unclassified - for pubic release) (original filed with court, September 29, 2010) (Bachrach, Michael) (Entered: 10/21/2010) 10/21/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to (98-Cr- 1023-09) Ahmed Khalfan Ghailani held on 10/21/2010. Trial continued and adjourned to 10/25/2010. (bw) (Entered: 10/25/2010) 10/22/2010 1053 SEALED DOCUMENT placed in vault. (cb) (Entered: 10/25/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 261/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 10/25/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Ahmed Khalfan Ghailani held on 10/25/2010. Trial continued and adjourned to 10/26/10. (ab) (Entered: 11/02/2010) 10/26/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Ahmed Khalfan Ghailani held on 10/26/2010. Trial continued and adjourned to 10/27/10. (ab) (Entered: 11/02/2010) 10/27/2010 1054 ORDER as to Ahmed Khalfan Ghailani. A reporter from Newsday has objected to the sealing, at the government's request, of three trial exhibits, videotapes that depict the aftermath of the 1998 embassy bombings in Nairobi, Kenya (GX 83A and GX 83A-R), and Dar es Salaam, Tanzania (GX 84). The government opposes the application on the ground that the privacy interests of the victims depicted in the videos justify their continued sealing.... Accordingly, GX 83A, GX 83A-R, and GX 84, are unsealed only to the extent that Newsday may inspect, but not copy or remove from the Clerk's Office, these exhibits. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/27/2010)(ja) (Entered: 10/27/2010) 10/27/2010 1055 ENDORSED LETTER as to Wadih El Hage, addressed to Judge Kaplan, from Sam A. Schmidt, atty for dft, dated 10/25/2010, re: Motion for Relief of Judgment, Document #1046 - request that the Court either simply ignore the filing, or strike it from the docket (as it did with respect to that prior filing, see Docket #935.). -- Judge endorsed: Doc. #1046 is stricken. (Signed by Judge Lewis A. Kaplan on 10/27/2010)(ja) (Entered: 10/27/2010) 10/27/2010 ***DELETED DOCUMENT. Deleted document number 1046 Motion for Relief of Judgment, as to Wadih El Hage. The document was incorrectly filed in this case. See Document #1055 regarding request to strike document. (ja) (Entered: 10/27/2010) 10/27/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Ahmed Khalfan Ghailani held on 10/27/2010. Trial continued and adjourned to 10/28/10. (ab) (Entered: 11/02/2010) 10/28/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Ahmed Khalfan Ghailani held on 10/28/2010. Trial continued and adjourned to 11/1/10. (ab) (Entered: 11/02/2010) 11/01/2010 1056 Request To Charge by Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 11/01/2010) 11/01/2010 1057 Request To Charge by United States of America as to Ahmed Khalfan Ghailani. (Buckley, Sean) (Entered: 11/01/2010) 11/01/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Ahmed Khalfan Ghailani held on 11/1/2010. Trial continued and adjourned to 11/3/10. A conference is scheduled for 11/2/10 at 9:30 AM. (ab) (Entered: 11/02/2010) 11/02/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Ahmed Khalfan Ghailani held on 11/2/2010. 11/2/10 Conference with counsel held. The defendant and jury were not present. Kaplan, J. (ajc) (Entered: 11/03/2010) 11/03/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 11/3/2010. Trial continued and both sides rested. The charge conference is scheduled for 8:00am on 11/8/10 and closings to begin at 9:30am on 11/8/10. Kaplan, J. (ajc) (Entered: 11/09/2010) 11/03/2010 As to Ahmed Khalfan Ghailani; (Status)Charge Conference and Closings set for 11/8/2010 at 09:30 AM before Judge Lewis A. Kaplan. (ajc) (Entered: 11/09/2010) 11/04/2010 1058 Request To Charge by United States of America as to Ahmed Khalfan Ghailani. (Buckley, Sean) (Entered: 11/04/2010) 11/08/2010 1059 NOTICE of Change of Address as to L'Houssiane Kherchtou. New Address: Thomas Francis Dunn, 350 Broadway, Suite 1207, NY, NY, USA 10013, 212-941-9940. (Dunn, Thomas) (Entered: 11/08/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 262/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 11/08/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 11/8/2010. 11/8/10 Trial continued and Government closing arguments made. Trialadjourned to 11/9/10.Kaplan, J. (ajc) (Entered: 11/09/2010) 11/09/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 11/9/2010. Trial continued. Defendants closing and Governments rebuttal arguments made. Jury charge begun and adjourned to 11/10/10. (jw) (Entered: 11/12/2010) 11/10/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 11/10/2010. Jury charge completed and deliberations begun and adjourned to 11/11/10. (jw) (Entered: 11/12/2010) 11/10/2010 1060 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on September 14, 15, 16, 17, and 20, 2010 before Judge Lewis A. Kaplan. (ja) (Entered: 11/12/2010) 11/11/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 11/11/2010. Jury deliberations continued and adjourned to 11/15/10 at 9:30am. (jw) (Entered: 11/12/2010) 11/15/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 11/15/2010. 11/15/10 Jury charge completed and deliberations begun and adjourned to 11/16/10. (ajc) (Entered: 11/24/2010) 11/16/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 11/16/2010 11/16/10 Jury charge completed and deliberations begun and adjourned to 11/17/10. (ajc) (Entered: 11/24/2010) 11/17/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Ahmed Khalfan Ghailani held on 11/17/2010. Jury deliberations continued and concluded. Defendant was found guilty as to (S10)5. Defendant was found not guilty as to counts (S10)1, (S10)3, (S10)4, and counts (S10) 6 through 283. Counts (S10) 284 through (S10)286 were not deliberated on by the jury. Counts (S10)2 and counts (S10) 287 through (S10)308 were not tried. PSI was ordered. Sentencing scheduled for 1/25/2011 at 11:00am. Kaplan, J. (ajc) (Entered: 11/24/2010) 11/17/2010 Order of Referral to Probation for Presentence Investigation and Report as to Ahmed Khalfan Ghailani. (ajc) (Entered: 11/24/2010) 11/17/2010 As to Ahmed Khalfan Ghailani; Sentencing set for 1/25/2011 at 11:00 AM before Judge Lewis A. Kaplan. (ajc) (Entered: 11/24/2010) 11/17/2010 JURY VERDICT as to Ahmed Khalfan Ghailani (9) Guilty on Count 5ssssss. Ahmed Khalfan Ghailani (9) Not Guilty on Count 1ssssss,3ssssss,4ssssss,6ssssss,7ssssss,8ssssss,9ssssss,10ssssss,11ssssss-223ssssss, 224ssssss-234ssssss,235ssssss-275ssssss,276ssssss,277ssssss- 278ssssss,279ssssss,280ssssss-281ssssss, 282ssssss,283ssssss. (jar) (Entered: 01/24/2011) 11/22/2010 1061 MOTION for Acquittal pursuant to Fed.R.Crim.P. 29., MOTION for New Trial pursuant to Fed.R.Crim.P. 33. Document filed by Ahmed Khalfan Ghailani. (Bachrach, Michael) (Entered: 11/22/2010) 12/02/2010 1062 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/02/2010) 12/03/2010 1063 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Steve Zissou dated 11/26/2010 re: Counsel writes to request permission of the Court to withdraw from the case. ENDORSED: Mr. Zissou is relieved as counsel. If remaining counsel wish other relief they may apply for it. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/30/2010)(ab) (Entered: 12/03/2010) 12/03/2010 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Attorney Steve Zissou terminated in case as to Ahmed Khalfan Ghailani. (ab) (Entered: 12/03/2010) 12/04/2010 1068 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on October 27, 28, 2010. November 1,2,3, 2010 before Judge Lewis A. Kaplan. (js) (Entered: 12/10/2010) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 263/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 12/04/2010 1069 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on November 8,9,10,12,15,16,17, 2010 before Judge Lewis A. Kaplan. (js) (Entered: 12/10/2010) 12/08/2010 1064 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on 9/28/2010 before Judge Lewis A. Kaplan. (ja) (Entered: 12/08/2010) 12/08/2010 1065 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on October 20, 21, 22, 25, 26 2010 before Judge Lewis A. Kaplan. (jw) (Entered: 12/08/2010) 12/08/2010 1066 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on October 12, 13, 14, 18, 19, 2010 before Judge Lewis A. Kaplan. (mro) (Entered: 12/08/2010) 12/10/2010 1067 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on September 29, 2010 and October 6, 12, 2010 before Judge Lewis A. Kaplan. (js) (Entered: 12/10/2010) 12/16/2010 1070 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/16/2010) 12/17/2010 1071 MEMORANDUM in Support by Ahmed Khalfan Ghailani re 1061 MOTION for Acquittal pursuant to Fed.R.Crim.P. 29. MOTION for New Trial pursuant to Fed.R.Crim.P. 33.. (Attachments: # 1 Exhibit A (Redacted Trial Indictment))(Bachrach, Michael) (Entered: 12/17/2010) 12/21/2010 1072 MEMORANDUM OPINION #99771 as to Ahmed Khalfan Ghailani: For the reasons set forth on this Memorandum Opinion, the defendant was precluded from introducing the proffered extrinsic evidence to impeach the four government witnesses discussed. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/2010)(ab) Modified on 12/23/2010 (ajc). (Entered: 12/21/2010) 12/21/2010 1073 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Peter Enrique Quijano dated 12/16/2010 re: Counsel writes to confirm that the defendant's sentencing memorandum, including all objections to the Presentence Report, motions for departures and letters in support, is to be filed with Chambers on 1/7/2011. The defendant requests permission to file a letter brief as his sentencing memorandum. ENDORSED: Correct. Brief to be filed on CM/ECF in the usual way (redacted as necessary). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/2010)(ab) (Entered: 12/21/2010) 12/23/2010 1074 ENDORSED LETTER as to Ahmed Khalfan Ghailani, addressed to Judge Kaplan, from Michael Farbiarz/Harry A. Chernoff/Nicholas Lewin/Sean S. Buckly, AUSAs, dated 12/22/2010, re: Motion pursuant to FRCrP 29 and 33...requests that its response to the Motion be due on January 11. -- Judge endorsed: Granted. SO ORDERED. ( Responses due by 1/11/2011) (Signed by Judge Lewis A. Kaplan on 12/23/2010)(ja) (Entered: 12/23/2010) 01/07/2011 1075 SENTENCING MEMORANDUM by Ahmed Khalfan Ghailani. (Quijano, Peter) (Entered: 01/07/2011) 01/07/2011 1076 NOTICE OF ATTORNEY APPEARANCE: Nancy Lee Ennis appearing for Ahmed Khalfan Ghailani. (Ennis, Nancy) (Entered: 01/07/2011) 01/07/2011 1077 SENTENCING MEMORANDUM by United States of America as to Ahmed Khalfan Ghailani. (Lewin, Nicholas) (Entered: 01/07/2011) 01/10/2011 1078 ORDER as to Ahmed Khalfan Ghailani: On 1/20/2011 at 09:30 AM, the Court will hear argument on Ghailani's motion for acquittal and/or a new trial [DI 1061]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/10/2011)(ab) (Entered: 01/10/2011) 01/11/2011 1079 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 1061 MOTION for Acquittal pursuant to Fed.R.Crim.P. 29. MOTION for New Trial pursuant to Fed.R.Crim.P. 33.. (Buckley, Sean) (Entered: 01/11/2011) 01/13/2011 1080 ENDORSED LETTER as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Michael Farbiarz dated 1/12/2011 re: The Government has received a number of written communications from Embassy bombing victims. The Government writes to request permission to redact two additional categories of information: electronic mail and

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 264/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 telephone numbers. ENDORSED: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/13/2011)(ab) (Entered: 01/13/2011) 01/14/2011 1081 AMENDED MEMORANDUM OPINION #99771 as to Ahmed Khalfan Ghailani. Ahmed Khalfan Ghailani recently was convicted of one count of conspiracy in connection with in the 1998 bombings of the United States Embassies in Dar es Salaam, Tanzania,and Nairobi, Kenya, in which over 200 people were killed and over 4,000 injured. The jury further found that his conduct directly or proximately caused death to a person other than a conspirator. He now awaits sentencing. For the reasons described above, the defendant was precluded from introducing the proffered extrinsic evidence to impeach the four government witnesses discussed above. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/14/11) (jw) Modified on 1/20/2011 (ajc). (Entered: 01/14/2011) 01/14/2011 1082 SENTENCING MEMORANDUM by United States of America as to Ahmed Khalfan Ghailani. (Attachments: # 1 Supplement, # 2 Exhibit A -- Part 1, # 3 Exhibit A -- Part 2, # 4 Exhibit A -- Part 3, # 5 Exhibit B -- Part 1, # 6 Exhibit B -- Part 2, # 7 Exhibit B -- Part 3, # 8 Exhibit C -- Part 1, # 9 Exhibit C -- Part 2, # 10 Exhibit D -- Part 1, # 11 Exhibit D -- Part 2, # 12 Exhibit D -- Part 3, # 13 Exhibit D -- Part 4, # 14 Exhibit E)(Buckley, Sean) (Entered: 01/14/2011) 01/14/2011 1083 RESPONSE by United States of America as to Ahmed Khalfan Ghailani re: 1075 Sentencing Memorandum filed by Ahmed Khalfan Ghailani. (Buckley, Sean) (Entered: 01/14/2011) 01/18/2011 1084 REPLY MEMORANDUM OF LAW in Support as to Ahmed Khalfan Ghailani re: 1061 MOTION for Acquittal pursuant to Fed.R.Crim.P. 29. MOTION for New Trial pursuant to Fed.R.Crim.P. 33.. (Bachrach, Michael) (Entered: 01/18/2011) 01/18/2011 1085 Sentencing Letter by United States of America as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Harry A. Chernoff dated January 18, 2011 re: Additional Victim Letters. (Attachments: # 1 Exhibit Victim Letter, # 2 Exhibit Victim Letter) (Chernoff, Harry) (Entered: 01/18/2011) 01/21/2011 1086 OPINION # 99869 as to Ahmed Khalfan Ghailani re: 1061 MOTION for Acquittal pursuant to Fed.R.Crim.P.29. MOTION for New Trial pursuant to Fed.R.Crim.P.33 filed by Ahmed Khalfan Ghailani. The defendants motion for a judgment of acquittal or, in the alternative, for a new trial [DI 1061] is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/21/11)(jw) Modified on 1/21/2011 (ajc). (Entered: 01/21/2011) 01/24/2011 1087 SENTENCING MEMORANDUM by Ahmed Khalfan Ghailani. (Quijano, Peter) (Entered: 01/24/2011) 01/24/2011 1088 Sentencing Letter by United States of America as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Harry A. Chernoff dated January 24, 2011 re: Sentencing. (Attachments: # 1 Exhibit, # 2 Exhibit)(Chernoff, Harry) (Entered: 01/24/2011) 01/25/2011 1089 Letter as to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Michael Farbiarz dated 1/24/2011. re: The Government writes respectfully in connection with one point made in the defendant's January 21, 2011 Reply to theGovernment's Sentencing Memorandum ("January 21 Sentencing Letter")... (dnd) (Entered: 01/25/2011) 01/25/2011 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 1/25/2011 for Ahmed Khalfan Ghailani (9) Count 5ssssss. (dnd) (Entered: 01/25/2011) 01/25/2011 DISMISSAL OF COUNTS on Government Motion as to Ahmed Khalfan Ghailani (9) Count 1,1s,1ss,1sss,1ssss,1sssss,1ssssss,2ssssss,3sssss,3,3s,3ss,3sss,3ssss,3ssssss,4sssss, 4ssss,4sss,4ssssss,5sssss,5ssss,5sss,6sssss,6sss,6ssss,6ssssss,7sss-8sss,7ssss,7sssss, 7ssssss,8sssss,8ssss,8ssssss,9sss-10sss,9sssss,9ssss,9ssssss,10sssss,10ssss,10ssssss, 11sss- 233sss,11sssss-223sssss,11ssss-223ssss,11ssssss-223ssssss,217-227,217s-227s, 217ss- 227ss,224ssss-234ssss,224sssss-234sssss,224ssssss-234ssssss,234sss-235sss,235ssss- 275ssss, 235sssss-275sssss,235ssssss-275ssssss,236sss-237sss,238sss-239sss,240sss- 241sss,242sss, 243sss-244sss,276ssss,276sssss,276ssssss,277ssss-278ssss,277sssss- 279sssss,277ssssss-278ssssss, 279ssss,279ssssss,280ssss-281ssss,280sssss- 282sssss,280ssssss-281ssssss,282ssss,282ssssss, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 265/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 283ssss,283sssss,283ssssss,284ssss,284sssss,284ssssss,285ssss,285sssss,285ssssss,286ssss, 286sssss,286ssssss,287ssssss-305ssssss,306ssssss-308ssssss. (dnd) (Entered: 01/25/2011) 01/25/2011 1090 JUDGMENT as to Ahmed Khalfan Ghailani (9), Count(s) 1, 10ssss, 10sssss, 10ssssss, 11sss-233sss, 11ssss-223ssss, 11sssss-223sssss, 11ssssss-223ssssss, 1s, 1ss, 1sss, 1ssss, 1sssss, 1ssssss, 217-227, 217s-227s, 217ss-227ss, 224ssss-234ssss, 224sssss-234sssss, 224ssssss-234ssssss, 234sss-235sss, 235ssss-275ssss, 235sssss-275sssss, 235ssssss- 275ssssss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, 276ssss, 276sssss, 276ssssss, 277ssss-278ssss, 277sssss-279sssss, 277ssssss-278ssssss, 279ssss, 279ssssss, 280ssss-281ssss, 280sssss-282sssss, 280ssssss-281ssssss, 282ssss, 282ssssss, 283ssss, 283sssss, 283ssssss, 284ssss, 284sssss, 284ssssss, 285ssss, 285sssss, 285ssssss, 286ssss, 286sssss, 286ssssss, 287ssssss-305ssssss, 2ssssss, 3, 306ssssss-308ssssss, 3s, 3ss, 3sss, 3ssss, 3sssss, 3ssssss, 4sss, 4ssss, 4sssss, 4ssssss, 5sss, 5ssss, 5sssss, 6sss, 6ssss, 6sssss, 6ssssss, 7sss-8sss, 7ssss, 7sssss, 7ssssss, 8ssss, 8sssss, 8ssssss, 9sss-10sss, 9ssss, 9sssss, 9ssssss, Dismissed. Defendant found guilty by jury on Count 5ssssss and sentenced to Life Imprisonment. The court makes the following recommendations to the Bureau of Prisons: The defendant should be held in conditions of highest security. The defendant is remanded to the custody of the United States Marshal.The defendant is to pay an assessment fee of $100.00 as a lump sum payment due immediately. The defendant must make restitution (including community restitution) to the following payees listed on page 3 of this document in the amount of $33,816,561.00. The court determined that the defendant does not have the ability to pay interest and it is ordered that the interest requirement is waived for the restitution. Special instructions regarding the payment of criminal monetary penalties: The restitution payable to the Clerk of Court shall be distributed by her to the victims and to the surviving dependents of deceasedvictims of the crime in proportion to the respective losses of the victims. Restitution payable in monthly installments commencing 3/1/2011. Defendant shall pay $8.50/ month of non-UNICOR BOP earnings plus 50% of UNICOR BOP earnings plus 95% of any other funds received each month. The defendant shall pay the cost of prosecution. (Signed by Judge Lewis A. Kaplan on 1/25/2011)(dnd) (Entered: 01/25/2011) 01/25/2011 1091 ENDORSED LETTER: As to Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Michael K. Bachrach dated 1/25/2011 re: For the reasons described in this letter, the undersigned respectfully requests leave to withdraw, effective upon the completion of today' s proceedings, so that new counsel may be appointed for purposes of appeal. I thank this Court for its time and consideration. ENDORSEMENT: Leave to withdraw granted effective this date. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/25/2011)(dnd) (Entered: 01/25/2011) 01/25/2011 Attorney update in case as to Ahmed Khalfan Ghailani. Attorney Michael Keith Bachrach terminated. (dnd) (Entered: 01/25/2011) 01/25/2011 1093 SEALED DOCUMENT placed in vault. (nm) (Entered: 01/26/2011) 01/25/2011 Judgment entered in money judgment book as #11,0146 as to Ahmed Khalfan Ghailani in the amount of $ 33,816,661, re: 1090 Judgment. (bco) (Entered: 01/26/2011) 01/25/2011 1094 NOTICE OF APPEAL by Ahmed Khalfan Ghailani from 1090 Judgment. (CJA) (nd) (Entered: 01/28/2011) 01/25/2011 1095 TRANSCRIPT REQUEST FORM B Filed by Ahmed Khalfan Ghailani. Transcript is not being ordered. (nd) (Entered: 01/28/2011) 01/26/2011 1092 Letter by United States of America as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from AUSAs Michael Farbiarz, Harry A. Chernoff, Nicholas Lewin, Sean S. Buckley, dated January 24, 2011 re: The Government writes in connection with one point made in the defendant's January 21, 2011 Reply to the Government's Sentencing Memorandum. [*** Received by Judge Kaplan's Chambers on 1/24/2011 ***] (bw) (Entered: 01/26/2011) 01/28/2011 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ahmed Khalfan Ghailani to US Court of Appeals re: 1094 Notice of Appeal - Final Judgment. (nd) (Entered: 01/28/2011) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 266/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/02/2011 1096 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on January 25, 2011 11:00 a.m. before Judge Lewis A. Kaplan. (ajc) (Entered: 02/03/2011) 02/17/2011 1097 MANDATE of USCA (certified copy) as to Mohamed Rashed Daoud Al-'Owhali re: 636 Notice of Appeal - Final Judgment, 702 Notice of Appeal - Final Judgment USCA Case Number 01-1535-cr(L), 05-0920-cr(Con). Upon due consideration, it is hereby Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 02/16/2011. (nd) (Entered: 02/17/2011) 02/17/2011 Transmission of USCA Mandate/Order to the District Judge re: 1097 USCA Mandate. (nd) (Entered: 02/17/2011) 02/17/2011 1098 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on January 25, 2011 11:00 a.m. before Judge Lewis A. Kaplan. (ajc) (Entered: 02/17/2011) 02/17/2011 1099 TRANSCRIPT of Proceedings as to Ahmed Khalfan Ghailani held on 1/20/2011, 9:45 a.m. before Judge Lewis A. Kaplan. (rjm) (Entered: 02/17/2011) 05/05/2011 1101 ORDER: As to Ahmed Khalfan Ghailani. The opinion filed with the Court Security Officer on October 6, 2010, and filed publicly on October 14,2010 [DI 1040], is corrected in the following manner: 1. On page 34, the title "III Artenuation" is changed to "Ill Attenuation" instead. 2. On page 40, the word "looked" in the second line from the bottom is changed to "locked" instead. 3. On page 43, the word "to" in the eleventh line is changed to "would" instead. 4. On page 47, the word "about" is inserted after "confused" in the fourth line from the bottom. 5.On page 59, the word "related" in the fourth line in the first paragraph isremoved. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/5/2011)(dnd) (Entered: 05/05/2011) 05/06/2011 1102 ENDORSED LETTER as to Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from David V. Kirby, Esq dated 4/30/11 re: To request that you appoint the undersigned pursuant to the Criminal Justice Act to represent Mr. Al Fawwaz. As Your Honor is fully aware, Mr. Al Fawwaz is charged in the above-noted indictment in the Embassy Bombings Case. He anticipates extradition from the United Kingdom to the United States within the next few months to face these charges. Prompt appointment of counsel in this case will help him prepare for trial on these charges in the most expeditious manner, address pretrial issues efficiently, and will allow him to prepare a more thoughtful defense. He asks that this Court appoint the undersigned for the reasons discussed in this letter...ENDORSEMENT...Denied without prejudice to renewal upon the defendant's arrival in this district and submission of a sufficient financial affidavit. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/6/11) (jw) (Entered: 05/06/2011) 06/17/2011 1103 NOLLE PROSEQUI ENTERED as to Usama Bin Laden (5) Counts 1,1s,1ss,1sss,1ssss,1sssss,1ssssss,1sssssss,2-3,2s-3s,2ss,2sss,2sssssss,3ss,3sss, 3ssss,3sssss,3ssssss,3sssssss,4-227,4ssssss,4s-216s,4ss-216ss,4sssss,4sss-216sss,4ssss, 4sssssss,5ssssss,5sssss,5ssss,5sssssss,6ssss,6ssssss,6sssss,6sssssss,7ssss-8ssss,7sssss, 7ssssss,7sssssss,8ssssss,8sssss,8sssssss,9ssss-10ssss,9ssssss,9sssss,9sssssss,10ssssss, 10sssss,10sssssss,11ssss-233ssss,11ssssss-223ssssss,11sssss-223sssss,11sssssss-223sssssss, 217s-227s,217ss-227ss,217sss-227sss,224sssss-234sssss,224ssssss-234ssssss,224sssssss- 234sssssss, 234ssss-235ssss,235sssss-275sssss,235ssssss-275ssssss,235sssssss- 275sssssss,236ssss-237ssss, 238ssss-239ssss,240ssss-241ssss,242ssss,243ssss- 244ssss,276sssss,276ssssss,276sssssss, 277sssss-278sssss,277ssssss-279ssssss,277sssssss- 278sssssss,279sssss,279sssssss,280sssss-281sssss, 280ssssss-282ssssss,280sssssss- 281sssssss,282sssss,282sssssss,283sssss,283ssssss,283sssssss, 284sssss,284ssssss,284sssssss,285sssss,285ssssss,285sssssss,286sssss,286ssssss,286sssssss, 287sssssss-305sssssss,306sssssss-308sssssss. On or about May 1, 2011, while this case was still pending, defendant USAMA BIN LADEN was killed in Abbottabad, Pakistan, in the course of an operation conducted by the United States. In light of the foregoing, I recommend that an order of nolle prosequi be filed as to defendant USAMA BIN LADEN. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/17/2011)(dnd) (Entered: 06/17/2011) 06/27/2011 1104 SEALED DOCUMENT placed in vault. (mps) (Entered: 06/27/2011) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 267/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

07/27/2011 1105 SEALED DOCUMENT placed in vault. (mps) (Entered: 07/27/2011) 08/30/2011 1106 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal as to Ahmed Khalfan Ghailani re: 1094 Notice of Appeal - Final Judgment USCA Case Number 11-0320, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 08/30/2011) 09/06/2011 1107 ORDER as to Ahmed Khalfan Ghailani: The order dated November 12, 2009 was filed with the Court Security Officer. The Clerk shall file the attached copy in place of the half sheet for DI 820. (Signed by Judge Lewis A. Kaplan on 9/6/2011) (ab) (Entered: 09/06/2011) 09/09/2011 1108 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/09/2011) 09/19/2011 1109 ENDORSED LETTER as to (98-Cr-1023-09) Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Attorney Peter Enrique Quijano dated September 8, 2011 re: I write to request the authorization of payment for past and future services of Catalyst Security, the internet-based document repository for all non-classified information provided in the above-referenced matter.... The Court previously authorized $45,000.00. We respectfully request the authorization to pay an additional $26,042.60 for services previously rendered by Catalyst Services. In addition, we expect that the services of Catalyst Security will be needed for at least an additional six months in connection with defense's pending appeal. Catalyst Security estimates that the charge for the additional six months of "hibernation" will be $10,222.20. Defendant Ghailani requests that Catalyst Security be paid for services rendered and for its services throughout the appeal. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 9/16/2011)(bw) (Entered: 09/19/2011) 04/26/2012 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Mohamed Rashed Daoud Al-'Owhali. (Refer to Civil Case # 12 CV 03331.) (ja) (Entered: 05/04/2012) 06/19/2012 1110 NOTICE OF ATTORNEY APPEARANCE Sean Stephen Buckley appearing for USA. (Buckley, Sean) (Entered: 06/19/2012) 08/16/2012 1111 ORDER as to Mohamed Rashed Daoud Al-'Owhali (Government Responses due by 8/30/2012) It is hereby ORDERED that the Government's time to respond to Al-Owhali's Motion to vacate his sentence is extended until August 30, 2012. Movant may file reply papers, if any, within thirty (30) days of the Government's response. SO ORDERED. Refer to 12-civ-3331 (KTD) (Signed by Judge Kevin Thomas Duffy on 8/15/2012)(jw) (Entered: 08/16/2012) 09/05/2012 1112 ORDER as to (S7-98-Cr-1023-01) Wadih El Hage. There will be a status conference (counsel only) on September 13, 2012 at 2:00 p.m. in chambers. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/5/2012)(bw) (Entered: 09/05/2012) 09/05/2012 1113 Letter by (S7-98-CR-1023-01) Wadih El Hage addressed to Judge Lewis A. Kaplan from Defendant Wadih El Hage dated August 13, 2012 re: submitted to request a change of counsel, for purposes of Re-sentencing and Appeal. (bw) (Entered: 09/05/2012) 09/10/2012 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Wadih El Hage held on 9/10/2012. Defendant did not participate, but attorney Sam A. Schmidt participated. AUSAs Sean Buckley and Amy Hector participated. Court reporter Carol Ganley present. Next conference to be held 9/13/12 at 3:00pm. (jbo) (Entered: 09/19/2012) 09/10/2012 Minute Entry for proceedings held before Judge Lewis A. Kaplan: as to Wadih El Hage, Status Conference set for 9/13/2012 at 03:00 PM before Judge Lewis A. Kaplan. (jbo) (Entered: 09/19/2012) 09/25/2012 1114 Letter by United States of America as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 9/24/2012 re: The Government respectfully writes to advise the Court that the European Court of Human Rights (the "ECHR") issued a decision today denying the application by Khalid al Fawwaz and Adel Abdel Bary - co-defendants in the above-referencedIndictment, who are presently in extradition proceedings in the United Kingdom- to have their appeal submitted to the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 268/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 ECHR's Grand Chamber. A copy of the ECHR's decision is enclosed for the Court's convenience. The Government promptly will notify the Court of any further developments in connection with the extradition proceedings. (dnd) (Entered: 09/25/2012) 10/06/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas:(S7) Initial Appearance on Bail Disposition Sheet as to Khaled Al Fawwaz held on 10/6/2012. Deft present with atty Sabrina Shroff. AUSA Sean Buckley present. Detention on consent without prejudice. (jw) (Entered: 10/09/2012) 10/06/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas:Arraignment(S7) on Bail Disposition Sheet as to Khaled Al Fawwaz (15) Count 1s,3s,5s,6s held on 10/6/2012. Deft present with atty Sabrina Shroff. AUSA Sean Buckley present. Deft arraigned and pleads not guilty. Next conference before District Judge on 10/9/2012 at 10am. (jw) (Entered: 10/09/2012) 10/06/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Plea entered by Khaled Al Fawwaz (15) Count 1s,3s,5s,6s Not Guilty. (jw) (Entered: 10/09/2012) 10/06/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: as to Khaled Al Fawwaz; Pretrial Conference set for 10/9/2012 at 10:00 AM before Judge Lewis A. Kaplan. (jw) (Entered: 10/09/2012) 10/06/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas:Initial Appearance on Bail Disposition Sheet as to Adel Abdel Bary held on 10/6/2012. Deft present with atty Andrew Patel. AUSA Sean Buckley present. Detention on consent without prejudice. (jw) (Entered: 10/09/2012) 10/06/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas:Arraignment (S7) on Bail Disposition Sheet as to Adel Abdel Bary (17) Count 1,3,4,5,6,7,8,9,10,11-223,224- 234,235-275,277-278,279,280-281,282,283,284,285,286 held on 10/6/2012. Deft present with atty Andrew Patel. AUSA Sean Buckley present. Deft arraigned and pleads not guilty. Next conference set before District Judge on 10/9/12 at 10am. Speedy trial time excluded under 18 USC 3161(h)(7) until 10/19/12. (jw) (Entered: 10/09/2012) 10/06/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Plea entered by Adel Abdel Bary (17) Count 1,3,4,5,6,7,8,9,10,11-223,224-234,235-275,277-278,279,280- 281,282,283,284,285,286 Not Guilty. (jw) (Entered: 10/09/2012) 10/06/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: as to Adel Abdel Bary; Pretrial Conference set for 10/9/2012 at 10:00 AM before Judge Lewis A. Kaplan. (jw) (Entered: 10/09/2012) 10/06/2012 Medical Attention Form as to Adel Abdel Bary. (jw) (Entered: 10/09/2012) 10/06/2012 Medical Attention Form as to Khaled Al Fawwaz. (jw) (Entered: 10/09/2012) 10/06/2012 1116 CJA 23 Financial Affidavit by Khaled Al Fawwaz. (Signed by Judge Magistrate Judge Frank Maas) Attorney Thompson Hicks and Sabrina Shroff. (jw) (Entered: 10/09/2012) 10/06/2012 Attorney update in case as to Khaled Al Fawwaz. Attorney Jerrod Thompson and Sabrina P. Shroff for Khaled Al Fawwaz added. (jw) (Entered: 10/09/2012) 10/06/2012 1117 CJA 23 Financial Affidavit by Adel Abdel Bary. (Signed by Judge Magistrate Judge Frank Maas) Attorney Andrew Patel. (jw) (Entered: 10/09/2012) 10/06/2012 Attorney update in case as to Adel Abdel Bary. Attorney Andrew G. Patel for Adel Abdel Bary added. (jw) (Entered: 10/09/2012) 10/06/2012 1125 CJA 20 as to Adel Abdel Bary: Appointment of Attorney Andrew Patel for Adel Abdel Bary. (Signed by Magistrate Judge Frank Maas on 10/21/12) The CJA clerk has mailed the original and sent a copy to the file.(kwi) (Entered: 10/24/2012) 10/07/2012 1121 CJA 20 as to Khaled Al Fawwaz: Appointment of Attorney Bobbi Sternheim for Khaled Al Fawwaz. (Signed by Judge Lewis A. Kaplan on 10/9/12). The CJA clerk mailed the original to the attorney and sent a copy to the file.(sao) (Entered: 10/17/2012) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 269/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 10/09/2012 1115 ORDER as to (S7-98-Cr-1023-15) Khaled Al Fawwaz. CJA attorney Bobbi C. Sternheim is appointed nunc pro tunc as of October 7, 2012 to represent defendant Khaled Al Fawwaz. (Signed by Judge Lewis A. Kaplan on 10/9/2012)(bw) (Entered: 10/09/2012) 10/09/2012 Attorney update in case as to (S7-98-Cr-1023-15) Khaled Al Fawwaz. Attorney Bobbi C. Sternheim for Khaled Al Fawwaz added. (bw) (Entered: 10/09/2012) 10/09/2012 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Pretrial Conference as to Khaled Al Fawwaz, Adel Abdel Bary held on 10/9/2012. Defendant Fawwaz present with attorney Bobbi C. Sternheim. Defendant Bary present with attorney Andrew G. Patel. AUSA Sean Buckley present. Court reporter Tom Murray present. Attorney Bobbi C. Sternheim appointed as counsel to defendant Fawwaz pending approval of the financial affidavit. Case designed a complex litigation. Discovery shall be made by 1/11/13. Defendants motions due by 2/18/13; Governments opposition brief due 3/18/13; oral argument scheduled for 4/16/13 at 2:00pm. Trial scheduled to begin on 10/7/13 or earlier. Time from today through 10/7/13 is excluded from speedy trial calculations in the interests of justice. (jbo) (Entered: 10/09/2012) 10/09/2012 Minute Entry for proceedings held before Judge Lewis A. Kaplan: as to Khaled Al Fawwaz, Adel Abdel Bary. Discovery due by 1/11/2013. Motions due by 2/18/2013. Responses due by 3/18/2013. Oral Argument set for 4/16/2012 at 02:00 PM before Judge Lewis A. Kaplan. (jbo) (Entered: 10/09/2012) 10/12/2012 1118 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/12/2012) 10/12/2012 1119 PROTECTIVE ORDER as to Khaled Al Fawwaz, Adel Abdel Bary...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 10/11/2012)(jw) (Entered: 10/12/2012) 10/14/2012 1120 NOTICE OF ATTORNEY APPEARANCE: Zoe Jayde Dolan appearing for Adel Abdel Bary. Appearance Type: CJA Appointment. (Dolan, Zoe) (Entered: 10/14/2012) 10/17/2012 1122 ORDER as to (S7-98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17). 1. The Court hereby finds that this is an extremely difficult case, that it is in the interest of justice for each defendant to be represented by more than one attorney and that certain of the attorneys so appointed for defendant Fawwaz, in light of their prior relationships to that defendant and his prior counsel, be individuals who are not members of this Court's CJA Panel. See Revised Plan for Furnishing Representation Pursuant To the Criminal Justice Act Section VII. 2. The appointment of Mr. Kirby and Ms. O'Connor for defendant Fawwaz is conditional upon (1) the consent of defendant Fawwaz, and (2) the approval of the Chief Judge of the District. See id. Section VII.D. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/15/2012); Approved: (Signed by Chief Judge Loretta A. Preska on 10/16/2012)(bw) (Entered: 10/17/2012) 10/17/2012 1123 SEALED DOCUMENT placed in vault. (mps) (Entered: 10/17/2012) 10/22/2012 1124 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Proposed Stipulation as to Wadih El Hage (Dratel, Joshua) Modified on 10/23/2012 (ka). (Entered: 10/22/2012) 10/22/2012 1142 CJA 20 as to Khaled Al Fawwaz: Appointment of Attorney Barbara O'Connor for Khaled Al Fawwaz. (Signed by Judge Lewis A. Kaplan on 1/8/13) The CJA clerk has mailed the original and sent a copy to the file.(tr) (Entered: 02/13/2013) 10/22/2012 1143 CJA 20 as to Khaled Al Fawwaz: Appointment of Attorney David Kirby for Khaled Al Fawwaz. (Signed by Judge Lewis A. Kaplan on 1/8/13) The CJA clerk has mailed the original and sent a copy to the file.(tr) (Entered: 02/13/2013) 10/23/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Joshua Lewis Dratel as to Wadih El Hage: to E-MAIL to [email protected]., Document No. 1124 Proposed Stipulation. This document is not filed via ECF. (ka) (Entered: 10/23/2012) 10/24/2012 1126 MOTION to Compel the Government to Produce Discovery In Connection With Mr. El- Hage's Re-Sentencing. Document filed by Wadih El Hage as to Anas Al Liby, Mamdouh https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 270/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso. (Dratel, Joshua) (Entered: 10/24/2012) 10/24/2012 1127 DECLARATION of Joshua L. Dratel, Esq. in Support by Wadih El Hage as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso re: 1126 MOTION to Compel the Government to Produce Discovery In Connection With Mr. El- Hage's Re- Sentencing.. (Attachments: # 1 Exhibit October 3, 2012, Letter, # 2 Exhibit October 17, 2012, Letter)(Dratel, Joshua) (Entered: 10/24/2012) 10/24/2012 1128 MEMORANDUM in Support by Wadih El Hage as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso re 1126 MOTION to Compel the Government to Produce Discovery In Connection With Mr. El- Hage's Re-Sentencing.. (Dratel, Joshua) (Entered: 10/24/2012) 11/05/2012 1129 ENDORSED LETTER as to (98-Cr-1023-01) Wadih El Hage addressed to Judge Lewis A. Kaplan from AUSAs Sean S. Buckley, Aimee Hector, dated November 5, 2012 re: The Government writes on behalf of the parties to request a brief adjournment of the date by which it must respond to the defendant's motion, dated October 24, 2012 ("the defendant's motion"), to compel production of certain materials in connection with the resentencing in the above matter.... Following the meeting, the Government will advise the Court whether there remain any unresolved issues that require the Court's intervention and, to the extent there are, respond to the defense motion by November 9, 2012. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 11/5/2012)(bw) (Entered: 11/05/2012) 11/14/2012 1130 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz, Adel Abdel Bary re: Conference held on 10/9/12 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/10/2012. Redacted Transcript Deadline set for 12/20/2012. Release of Transcript Restriction set for 2/19/2013. (Moya, Goretti) (Entered: 11/14/2012) 11/14/2012 1131 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Conference proceeding held on 10/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 11/14/2012) 11/16/2012 1132 STIPULATION AND ORDER as to (98-Cr-1023-01) Wadih El Hage. IT IS HEREBY STIPULATED AND AGREED between Aimee Hector and Sean S. Buckley, Assistant United States Attorneys, of counsel, and Wadih El-Hage, the defendant, by his counsel, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 271/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Sam A. Schmidt, Esq., that Mr. El-Hage will withdraw his Motion to Compel Discovery, submitted October 24, 2012, pending further discussions with and production by the government that could resolve the outstanding issues. The government will provide any such additional discovery by Wednesday, November 14, 2012. IT IS FURTHER STIPULATED AND AGREED that, with the district court's permission, the due date for Wadih El-Hage's re-sentencing submission be moved from December 3, 2012, to December 17, 2012. So Ordered: (Signed by Judge Lewis A. Kaplan on 11/16/2012)(bw) (Entered: 11/16/2012) 12/20/2012 1133 MEMO ENDORSEMENT: As to Wadih El Hage. re: Proposed Stipulation. IT IS HEREBY STIPULATED AND AGREED between Aimee Hector and Sean S. Buckley, Assistant United States Attorneys, of counsel, and Wadih El-Hage, the defendant, by his counsel, Joshua L. Dratel, Esq., that the due date for Wadih El-Hage's re-sentencing submission be moved from December 17, 2012, to January 25, 2012.ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/20/2012)(dnd) (Entered: 12/20/2012) 12/20/2012 Set/Reset Deadlines as to Wadih El Hage: Re sentencing Brief due by 1/25/2013. (dnd) (Entered: 12/20/2012) 12/20/2012 1134 ENDORSED LETTER as to Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew G. Patel dated 12/11/2012 re: This letter is respectfully submitted to request that I be permitted to provide a document covered by the October 12,2012 Protective Order to the Egyptian Consulate... Mr. Adel Abdel Bary has requested a Consular visit... I respectfully submit that providing a copy of this item of discovery will facilitate Mr. Abdel Bary's requested Consular visit. Accordingly, I respectfully request permission to provide a copy of this letter to the Egyptian Deputy Consular General. GRANTED. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/20/2012)(dnd) (Entered: 12/20/2012) 01/08/2013 1135 SEALED DOCUMENT placed in vault. (nm) (Entered: 01/08/2013) 01/10/2013 1136 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/10/2013) 01/11/2013 1137 PROTECTIVE ORDER PERTAINING TO CLASSIFIED INFORMATION: as to (98-Cr- 1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17)....[See Order]... 23. All classified documents and information to which the Defense has access in this case are now and will remain the property of the United States. Upon demand of the CISO, these persons shall return to the CISO all classified information in their possession obtained through discovery from the Government in this case, or for which they are responsible because of access to classified information. The notes, summaries and other documents prepared by the Defense that do or may contain classified information shall remain at all times in the custody of the CISO for the duration of the case. At the conclusion of this case, all such notes, summaries, and other documents are to be destroyed by the CISO in the presence of counsel for the Defendant. 24. Nothing contained in this Order shall be construed as a waiver of any right of the Defendants. No admission made by the Defendants or their counsel during pretrial conferences may be used against the Defendants unless it is in writing and signed by the respective Defendant. See CIPA § 2. 25. A copy of this Order shall be issued forthwith to counsel for the Defendants who shall be responsible for advising the Defendants and representatives of the Defense of this Order. Counsel for the Defendants, and any other representatives of the Defense who will be provided access to the classified information, shall execute the Memorandum of Understanding described in paragraph 8 of this Order, and counsel for the Defendants shall file executed originals of such documents with the Court and the CISO and serve an executed original upon the Government. The execution and filing of the Memorandum of Understanding is a condition precedent for counsel for the Defendant and any other representative of the Defense to have access to classified information. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/11/2013)(bw) (Entered: 01/11/2013) 01/14/2013 1138 ORDER as to (S7-98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17). The government shall submit any motion for protection under the Classified Information Procedure Act, including supporting papers, no later than March 14, 2013. Answering papers shall be due by March 28, 2013 and reply papers by April 4, 2013. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/14/2013)(bw) (Entered: 01/14/2013) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 272/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/22/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Wadih El Hage held on 1/22/2013. Defendant not present but attorneys Sam A. Schmidt and Joshua L. Dratel present. AUSAs Sean Buckley and Amy Hector present. Court reporter present. (jbo) (Entered: 01/29/2013) 01/29/2013 1139 NOTICE OF ATTORNEY APPEARANCE: Barbara Elizabeth O'Connor appearing for Khaled Al Fawwaz. Appearance Type: CJA Appointment. (Attachments: # 1 Certificate of Service)(O'Connor, Barbara) (Entered: 01/29/2013) 01/29/2013 1140 NOTICE OF ATTORNEY APPEARANCE: David Vance Kirby appearing for Khaled Al Fawwaz. Appearance Type: CJA Appointment. (Attachments: # 1 certificate of service) (Kirby, David) (Entered: 01/29/2013) 02/01/2013 1141 ORDER as to Mohamed Rashed Daoud Al-'Owhali. The Court is in receipt of Petitioner's pro se Motion for Leave to Withdraw Section 2255 Motion ("Motion") dated January 14, 2013. The Motion is hereby GRANTED. The Clerk of the Court is directed to terminate motion number 11 on the ECF docket and to close the case. Refer to 12-cv-3331 (KTD) (Signed by Judge Kevin Thomas Duffy on 1/30/2013)(jw) (Entered: 02/01/2013) 02/13/2013 Minute Entry. for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Khaled Al Fawwaz, Adel Abdel Bary held on 2/13/2013. Status conference held. Defendant Fawwaz not present but attorneys Bobbi C.Sternheim, David Kirby, and Barbara OConnor were present. Defendant Bary notpresent but attorneys Andrew G. Patel and Lauren Kessler were present. AUSAsSean Buckley and Rachael Kovner present. Court reporter Bill Richards present.The hearing duration was 1 Hour and 10 minutes.Kaplan, J. (ajc) (Entered: 02/14/2013) 02/14/2013 1144 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/14/2013) 02/21/2013 1145 TRANSCRIPT of Proceedings as to Wadih El Hage re: Conference held on 9/13/12 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013. (Rodriguez, Somari) (Entered: 02/21/2013) 02/21/2013 1146 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Wadih El Hage. Notice is hereby given that an official transcript of a Conference proceeding held on 9/13/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 02/21/2013) 02/21/2013 1147 ENDORSED LETTER: As to Wadih El Hage; addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 2/15/2013 re: As requested by the Court at the conclusion of the January 22, 2013 conference, the Government respectfully writes on behalf of the parties to apprise the Court that we have resolved all outstanding discovery disputes and are prepared to proceed to sentencing inaccordance with the previously discussed schedule, as follows: March 15, 2013: Defense Submission; April 5, 2013: Government Submission; April 12, 2013: Defense Reply; April 23, 2013 at 3:00 p.m. Sentencing. (Signed by Judge Lewis A. Kaplan on 2/21/2013)(dnd) (Entered: 02/21/2013) 02/21/2013 Set/Reset Deadlines as to Wadih El Hage: Defense Brief due by 3/15/2013. Government's Responses due by 4/5/2013. Defendant's Replies due by 4/12/2013. (dnd) (Entered: 02/21/2013) 02/21/2013 Set/Reset Hearings as to Wadih El Hage: Sentencing set for 4/23/2013 at 3:00 PM before Judge Lewis A. Kaplan. (dnd) (Entered: 02/21/2013) 02/22/2013 1148 Letter by United States of America as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Rachel P. Kovner dated 2/21/2013 re: The Government https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 273/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 respectfully writes to advise the Court of the status of certain electronic discovery review issues raised at the status conference on February 13, 2013... (dnd) (Entered: 02/22/2013) 02/24/2013 1149 ENDORSED LETTER as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew G. Patel dated 2/25/2013 re: This letter is respectfully submitted to request a 2 week adjournment for the filing of defense motions. I am requesting that defense motions be filed on or before April 1, 2013 as to Khaled Al Fawwaz, Adel Abdel Bary( Motions due by 4/1/2013.)...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 2/27/2013)(jw) (Entered: 02/28/2013) 03/01/2013 Arrest of Sulaiman Abu Ghayth. (jm) (Entered: 03/08/2013) 03/04/2013 1150 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/04/2013) 03/04/2013 1151 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/04/2013) 03/06/2013 1152 ORDER as to (S7-98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17). The date by which the government shall file any motion pursuant to Section 4 of the Classified Information Procedures Act, now March 14, 2013, is adjourned sine die. The government shall advise the Court on or before March 14, 2013 as to when it proposes that any such motion is to be due. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/6/2013)(bw) (Entered: 03/06/2013) 03/07/2013 1153 ORDER as to Sulaiman Abu Ghayth to unseal S(13) indictment. (Signed by Judge Lewis A. Kaplan on 3/7/13)(jm) (Additional attachment(s) added on 3/7/2013: # 1 order) (jm). (Entered: 03/07/2013) 03/07/2013 1154 S(13) INDICTMENT FILED as to Sulaiman Abu Ghayth (26) count(s) 1. (jm)(Document originally filed under seal on 3/1/13) (jm). Modified on 5/21/2014 (bw). (Entered: 03/07/2013) 03/07/2013 Case Designated ECF as to Sulaiman Abu Ghayth. (jm) (Entered: 03/07/2013) 03/07/2013 Judge update in case as to Sulaiman Abu Ghayth. Judge Lewis A. Kaplan added.. (jm) (Entered: 03/07/2013) 03/08/2013 1156 NOTICE OF ATTORNEY APPEARANCE John Peter Cronan appearing for USA. (Cronan, John) (Entered: 03/08/2013) 03/08/2013 1157 Arrest Warrant Returned Executed on 3/1/13 as to Sulaiman Abu Ghayth. (jm) (Entered: 03/08/2013) 03/08/2013 1158 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/08/2013) 03/08/2013 1159 ORDER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. Having approved the financial affidavit of the defendant, Federal Defenders Philip Weinstein, Martin Cohen, and Jonathan Marvinny are appointed as counsel to the defendant. (Signed by Judge Lewis A. Kaplan on 3/8/2013)(bw) (Entered: 03/08/2013) 03/08/2013 1160 ORDER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. Having consented to detention without prejudice to a future application for bail, the defendant is ORDERED detained. (Signed by Judge Lewis A. Kaplan on 3/8/2013)(bw) (Entered: 03/08/2013) 03/08/2013 Attorney update in case as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. Attorney Philip L Weinstein,Martin Samuel Cohen,Jonathan Andrew Marvinny for Sulaiman Abu Ghayth added. [*** NOTE: See Order, Doc.#1059. ***] (bw) (Entered: 03/08/2013) 03/08/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Initial Appearance as to Sulaiman Abu Ghayth held on 3/8/2013. Defendant Sulaiman Abu Ghayth present with attorneys Philip Weinstein, Martin Cohen, and Jonathan Marvinny. Arabic interpreter Fouad Elshiekh present. AUSAs Michael Ferrara and John Cronan present. FBI agent Frank Pelligrino present. Deputy U.S. Marshal Brian McHugh and NYPD Detective James Fogarty present. Court reporter Kristen Carranante present. Defendants financial affidavit was approved and Federal Defender attorneys Philip Weinstein, Martin Cohen, Jonathan Marvinny appointed to represent the defendant. Defendant Sulaiman Abu Ghayth was arraigned and entered a plea of not guilty to the (S13)indictment. The next conference will https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 274/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 be held on April 8, 2013 at 2:30pm. Time from today through 4/8/13 is excluded from speedy trial calculations in the interests of justice. (dnd) (Entered: 03/11/2013) 03/08/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Arraignment as to Sulaiman Abu Ghayth (26) Count 1 held on 3/8/2013. Defendant Sulaiman Abu Ghayth present with attorneys Philip Weinstein, Martin Cohen, and Jonathan Marvinny. Arabic interpreter Fouad Elshiekh present. AUSAs Michael Ferrara and John Cronan present. FBI agent Frank Pelligrino present. Deputy U.S. Marshal Brian McHugh and NYPD Detective James Fogarty present. Court reporter Kristen Carranante present. Defendant Sulaiman Abu Ghayth was arraigned and entered a plea of not guilty to the (S13)indictment. (dnd) (Entered: 03/11/2013) 03/08/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Plea entered by Sulaiman Abu Ghayth (26) Count 1 Not Guilty. (dnd) (Entered: 03/11/2013) 03/08/2013 Set/Reset Hearings as to Sulaiman Abu Ghayth: Pretrial Conference set for 4/8/2013 at 2:30 PM before Judge Lewis A. Kaplan. (dnd) (Entered: 03/11/2013) 03/08/2013 1162 CJA 23 Financial Affidavit by (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. Judge Endorsement: Approved. (Signed by Judge Lewis A. Kaplan on 3/8/2013) (bw) (Entered: 03/11/2013) 03/11/2013 1161 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/11/2013) 03/11/2013 1163 NOTICE OF ATTORNEY APPEARANCE Michael Ferrara appearing for USA. (Ferrara, Michael) (Entered: 03/11/2013) 03/12/2013 1164 PROTECTIVE ORDER as to Sulaiman Abu Ghayth...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 3/12/2013)(jw) (Entered: 03/12/2013) 03/18/2013 1165 ORDER as to Khaled Al Fawwaz, Adel Abdel Bary ( Motions due by 4/15/2013.) The government shall file any motion pursuant to Section 4 of the Classified Information Procedures Act no later than April 15, 2013. (Signed by Judge Lewis A. Kaplan on 3/15/2013)(jw) (Entered: 03/18/2013) 03/18/2013 1166 ENDORSED LETTER as to Wadih El Hage addressed to Judge Lewis A. Kaplan from Joshua L. Dratel and Sam A. Schmidt dated 3/14/2013 re: Respectfully requested that the current schedule be adjusted as to Wadih El Hage( Brief due by 3/25/2013., Defense Replies due by 4/18/2013., Government Responses due by 4/15/2013)...ENDORSEMENT..Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/15/2013)(jw) (Entered: 03/18/2013) 03/22/2013 1167 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 3/8/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kristen Carannante, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/15/2013. Redacted Transcript Deadline set for 4/25/2013. Release of Transcript Restriction set for 6/24/2013. (Rodriguez, Somari) (Entered: 03/22/2013) 03/22/2013 1168 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 03/22/2013) 03/26/2013 1169 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Linda Moreno to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adel Abdel Bary. (Patel, Andrew) Modified on 3/26/2013 (bwa). (Entered: 03/26/2013) 03/26/2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 275/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Notice regarding Document No. 1169 MOTION for Linda Moreno to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Filing fee not paid.Missing Certificate of Good Standing. Certificates of Good Standing must be issued from the State Court. Re-file the document as a Corrected Motion to Appear Pro Hac Vice, attach a valid Certificate of Good Standing issued within the past 30 days and pay the filing fee. (bwa) (Entered: 03/26/2013) 03/28/2013 1170 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/28/2013) 03/29/2013 1171 MEMO ENDORSEMENT: As to Adel Abdel Bary. re: MOTION TO ADMIT COUNSEL PRO HAC VICE. PURSUANT TO RULE 1.3 (c) of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, I, Andrew G. Patel, a member in good standing of the bar of this Court, hereby move for the entry of an Order allowing the admission pro hac vice of Linda Moreno, is a member in good standing of the State Bars of Florida and California to represent Adel Abdel Bary in the above captioned matter pending in the United States District Court for the Southern District of New York. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/28/2013)(dnd) (Entered: 03/29/2013) 04/01/2013 1172 MOTION to Dismiss. Document filed by Adel Abdel Bary. (Patel, Andrew) (Entered: 04/01/2013) 04/01/2013 1173 MEMORANDUM in Support by Adel Abdel Bary re 1172 MOTION to Dismiss.. (Attachments: # 1 Exhibit transcript, # 2 Exhibit affidavit)(Patel, Andrew) (Entered: 04/01/2013) 04/01/2013 1174 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Attorney Declaration, # 2 Memorandum of Law)(Sternheim, Bobbi) Modified on 4/2/2013 (ka). (Entered: 04/01/2013) 04/01/2013 1175 MOTION to Continue. Document filed by Khaled Al Fawwaz. (Sternheim, Bobbi) (Entered: 04/01/2013) 04/02/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1174 MOTION to Compel. ERROR(S): Filing Error of Attachments. Supporting Documents must be filed individually. Event codes located under Replies, Opposition and Supporting Documents. (ka) (Entered: 04/02/2013) 04/02/2013 1176 MOTION to Compel the government to provide additional discovery., MOTION for Bill of Particulars., MOTION to Sever Defendant Al-Fawwaz., MOTION to Strike unduly prejudicial surplusage from the indictment., MOTION for Leave to File additional and supplemental motions., MOTION to Continue. Document filed by Khaled Al Fawwaz. (Sternheim, Bobbi) (Entered: 04/02/2013) 04/02/2013 1177 DECLARATION of Bobbi C. Sternheim, Esq. in Support as to Khaled Al Fawwaz re: 1176 MOTION to Compel the government to provide additional discovery. MOTION for Bill of Particulars. MOTION to Sever Defendant Al-Fawwaz. MOTION to Strike unduly prejudicial surplusage from the indictment. MOTION for Leave to File additional and supplemental motions. MOTION to Continue.. (Sternheim, Bobbi) (Entered: 04/02/2013) 04/02/2013 1178 ORDER as to Wadih El Hage. Defendant's counsel, on or before April 8, 2013, shall provide chambers with two copies of all prior submissions referred to in their March 25, 2013 submission or otherwise relied upon with respect to the re-sentencing. The government shall do likewise together with any submission it makes in response to defendant's March 25, 2013 submission. In addition, the DVD submitted by defendant's counsel is unreadable on the Court's computer. They shall promptly furnish the Court with two copies of a readable DVD and, in addition, two hard copies of the contents of the DVD. (Signed by Judge Lewis A. Kaplan on 4/2/2013)(jw) (Entered: 04/02/2013) 04/02/2013 1179 MEMORANDUM in Support by Khaled Al Fawwaz re 1176 MOTION to Compel the government to provide additional discovery. MOTION for Bill of Particulars. MOTION to Sever Defendant Al-Fawwaz. MOTION to Strike unduly prejudicial surplusage from the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 276/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 indictment. MOTION for Leave to File additional and supplemental motions. MOTION to Continue.. (Sternheim, Bobbi) (Entered: 04/02/2013) 04/08/2013 1180 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Jane Rosenberg dated 4/8/2013 re: To request permission to sit in the jury box during the hearing of Sulaiman Abu Ghayth at 2:30 p.m. on Monday...ENDORSEMENT..Well the circumstances, request denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/8/2013)(jw) (Entered: 04/08/2013) 04/08/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Sulaiman Abu Ghayth held on 4/8/2013 as to Sulaiman Abu Ghayth( Discovery due by 5/8/2013., Motions due by 5/22/2013., Defendant Replies due by 6/26/2013., Government Responses due by 6/12/2013, Oral Argument set for 7/10/2013 at 09:30 AM before Judge Lewis A. Kaplan.) Defendant Sulaiman Abu Ghayth present with attorneys Philip Weinstein, Martin Cohen, and Jonathan Marvinny. Arabic interpreter Fouad Elshiekh present. AUSA John Cronan present. DOJ trial attorney Jolie Zimmerman present. FBI agent Frank Pelligrino present. Court reporter Pam Utter present. Discovery to be completed by 5/8/13. Motions for suppression of post arrest statement and change of venue are due by 5/22/13; Government response due 6/12/13; defendants reply due 6/26/13; oral argument set for 7/10/13 at 9:30am. All other motions due by 7/8/13; Government opposition due by 7/29/13; defendants reply due by 8/12/13; oral argument set for 9/17/13 at 9:30am. Time from today through 9/17/13 is excluded from speedy trial calculations in the interests of justice (jw) (Entered: 04/10/2013) 04/09/2013 1181 ORDER as to Sulaiman Abu Ghayth ( Jury Trial set for 1/7/2014 at 09:30 AM before Judge Lewis A. Kaplan.) The trial of this action shall commence at 9:30am on January 7, 2014. SO ORDERED (Signed by Judge Lewis A. Kaplan on 4/9/2013)(jw) (Entered: 04/09/2013) 04/09/2013 1182 Letter by Wadih El Hage addressed to Judge Lewis A. Kaplan from Wadih El-Hage dated 3/31/2013 re:To have my lawyer Mr. Dratel and Mr.Schmidt available for the Re-sentence hearing on April 23, 2013 (jw) (Entered: 04/09/2013) 04/09/2013 1183 ORDER denying 1126 Motion to Compel as to Wadih El Hage (1). The Court is in receipt of a letter from the defendant, which appears not to have beensent either to his own counsel or the United States Attorney's office. The letter requests that the government "have available for questioning at the April 23, 2013 recentence [sic] hearing; the main FBI agents and Witnesses." Accordingly, defendant's request is denied. It would be denied in any case because it was not served on all counsel and accompanied by proof of such service. (Signed by Judge Lewis A. Kaplan on 4/9/2013) (jw) (Entered: 04/09/2013) 04/09/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Khaled Al Fawwaz, Adel Abdel Bary held on 4/9/2013. Defendant Fawwaz not present but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor were present. Defendant Bary not present but attorneys Andrew G. Patel and Lauren Kessler were present. AUSA Sean Buckley. FBI Agent Philip Swabsin present. Court reporter Vincent Bologna present. The parties shall submit a joint report on the status of discovery by 5/10/13. The Governments time to respond to defendants motions was extended to 4/25/13. (jbo) (Entered: 04/09/2013) 04/11/2013 1184 PROTECTIVE ORDER PERTAINING TO CLASSIFIED INFORMATION as to Sulaiman Abu Ghayth...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 4/11/2013)(jw) (Entered: 04/11/2013) 04/11/2013 1185 EX PARTE ORDER FOR THE APPOINTMENT OF CJA CO-COUNSEL as to Sulaiman Abu Ghayth. It is hereby ORDERED that CJA Panel member Justine Harris be appointed as second counsel for Mr. Abu Ghayth (Signed by Judge Lewis A. Kaplan on 4/11/2013) (jw) (Entered: 04/11/2013) 04/11/2013 Attorney update in case as to Sulaiman Abu Ghayth. Attorney Justine Aleta Harris for Sulaiman Abu Ghayth added. (jw) (Entered: 04/11/2013) 04/12/2013 1186 ORDER as to Adel Abdel Bary. It is hereby ORDERED that LINDA MORENO, ESQ., and https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 277/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 AHMED GHAPPOUR, ESQ., are appointed to represent Adel Abdel Bary pursuant to the Criminal Justice Act. SO ORDERED (Signed by Judge Lewis A. Kaplan on 1/24/2013)(jw) (Entered: 04/12/2013) 04/12/2013 Attorney update in case as to Adel Abdel Bary. Attorney Ahmed Ghappour for Adel Abdel Bary added. (jw) (Entered: 04/12/2013) 04/15/2013 1187 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Protective Order with Respect to Certain Classified Materials. Document filed by United States of America as to Khaled Al Fawwaz, Adel Abdel Bary. (Kovner, Rachel) Modified on 4/16/2013 (db). (Entered: 04/15/2013) 04/16/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Rachel Peter Kovner as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth: to RE-FILE Document 1187 MOTION for Protective Order with Respect to Certain Classified Materials. ERROR(S): No signature or s/. (db) (Entered: 04/16/2013) 04/16/2013 1188 ORDER: As to Khaled Al Fawwaz, Adel Abdel Bary. The parties hereby are ordered to confer and submit jointly to the Court by May 3, 2013 proposed dates for defendants to submit any notice pursuant to Section 5(a) of the Classified Information Procedures Act and for the Government to file any motion pursuant to Section 6(a) of the Classified Information Procedures Act. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/16/2013)(dnd) (Entered: 04/16/2013) 04/17/2013 1189 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/17/2013) 04/19/2013 1190 ORDER: As to Sulaiman Abu Ghayth. Defendant's counsel has requested that the defendant, who is detained in the Metropolitan Correctional Center ("MCC") pending trial, be permitted to make one monitored telephone call every ten days rather than the one 15 minute call every thirty days that currently is permitted. He suggests that the present restriction infringes on defendant's constitutional rights... The government resists the application. It contends that the MCC is providing the defendant with social telephone calls in accordance with institution policies and consistent with the manner in which similarly situated inmates in the SHU are treated... In the circumstances, the Court concludes that it would not be appropriate to attempt to resolve this dispute on the basis of an exchange of letters. If defendant wishes to press the matter, he may file a motion in this case (which is not to suggest any view, one way or the other, as to whether this Court has authority to make any order with respect to conditions of pretrial detention in a criminal case against the detainee), a petition under 28 U.S.C. § 2241, or such other application as he may think appropriate. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/19/2013)(dnd) (Entered: 04/19/2013) 04/19/2013 1191 Letter by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Philip L. Weinstein dated 4/11/2013 re: Sulaiman Abu Ghayth is a pretrial detainee being held in solitary confinement for security reasons on 10 South at Metropolitan Correctional Center. He is limited to one 15 minute phone call every 30 days. His request for additional phone calls has been denied by the B.O.P. We do not contest, at this time, his being kept in solitary confinement. Instead, we only request that he be permitted to make one monitored call every 10 days... (dnd) (Entered: 04/19/2013) 04/19/2013 1192 Letter by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Philip L. Weinstein dated 4/12/2013 re: Defense counsel writes to supplement his letter of yesterday concerning additional phone calls. I received a phone call from an attorney, Stanley Cohen, in which he told me that Abu Ghayth's family may retain him. We informed Abu Ghayth of this development. It is important that he be granted additional phone calls to permit him to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 278/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 discuss this issue with his family and to reduce any additional delay in this case. (dnd) (Entered: 04/19/2013) 04/19/2013 1193 Letter by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Adam M. Johnson Supervisory Attorney MCC New York dated 4/15/2013 re: Attorney Johnson writes in response to defense counsel's April 11, 2013 letter regarding Sulaiman Abu Ghayth, Reg. No. 91969-054, currently housed at the Metropolitan Correctional Center, New York (MCC New York). Specifically, defense counsel requests that the Court order MCC New York to provide Mr. Ghaytb a social phone call every ten (10) days. MCC New York respectfully requests that the Court not order the requested relief... (dnd) (Entered: 04/19/2013) 04/19/2013 1194 Letter by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from John P. Cronan dated 4/16/2013 re: The Government respectfully submits this letter in response to the defense's letter of April 11, 2013 ("Deft. Ltr."), in which the defense requests that the Court order the Metropolitan Correctional Center ("MCC") to afford the defendant additional social telephone calls. (dnd) (Entered: 04/19/2013) 04/22/2013 MEMORANDUM TO THE DOCKET CLERK from Chambers of Judge Lewis A. Kaplan: as to (98-Cr-1023-01) Wadih El Hage. Docket the attached proof of mailing and receipt of the 4/9/2013 Order (DI # 1183). Certified Mail #7002-2410-0002-6963-5047 mailed on April 1, 2013 to Defendant Wadih El Hage. Return Receipt received by Judge Kaplan's Chambers on 4/22/2013: Date of Delivery: 4/16/2013. (bw) (Entered: 04/22/2013) 04/23/2013 1195 SENTENCING MEMORANDUM by United States of America as to Wadih El Hage. (Buckley, Sean) (Entered: 04/23/2013) 04/23/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing (RE- SENTENCING) held on 4/23/2013 for (S7-98-Cr-1023) Wadih El Hage (1) Count 1sssssss,3sssssss,5sssssss,287sssssss-289sssssss,291sssssss-305sssssss. Re-sentencing held. Defendant present with attorneys Sam A. Schmidt and Joshua L. Dratel present. AUSAs Sean Buckley and Aimee Hector present. Court reporter Vincent Bologna present. Defendant was re-sentenced to a term of LIFE imprisonment on Counts (S7)1 and (S7)3, 20 years on Count (S7)5, and five 5 years on each of Counts (S7)287 through (S)7 289 and (S7)291 through (S7)305, the terms to run concurrently, that you pay the mandatory special assessment of $2,100. The defendant shall pay restitution in the aggregate amount of $33,816,561.75, $26,300,000 of which shall be paid to the United States of America, and $7,516,561.75 shall be paid to the Clerk of this Court for distribution to the families of victims of these offenses. The restitution shall be payable in monthly installments commencing on May 1, 2013. Each monthly payment shall be equal to 50% of any revenue received by the defendant or his account in the preceding month. Defendant remained remanded. The hearing duration was 2 hours 15 minutes. The resentencing hearing duration was 2 hours and 15 minutes. (bw) (Entered: 04/24/2013) 04/24/2013 1196 Letter by (S7-98-Cr-1023-01) Wadih El Hage addressed to Judge Lewis A. Kaplan from Joshua L. Dratel dated 4/22/2013 re: This letter constitutes defendant Wadih El-Hage's reply re-sentencing submission in response to the government's 62-page Sentencing Memorandum (hereinafter "Government's Submission'') dated April 15, 2013. Accordingly, for all the reasons set forth above, including those set forth previously in the several sentencing and re-sentencing submissions filed on Mr. El-Hage's behalf. It is respectfully submitted that he should be sentenced to a term of imprisonment substantially below a life term. (jw); Modified on 4/24/2013 (bw). (Entered: 04/24/2013) 04/24/2013 1197 AMENDED JUDGMENT In A Criminal Case ((S7)98-Cr-1023-01) as to Wadih El Hage (1). Date of Imposition of Judgment: April 23, 2013. Date of Original Judgment: 10/22/2001. Reason for Amendment: Correction of Sentence on Remand. Defendant Wadih El Hage (1) was found guilty on Count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss- 289sssssss, and 291sssssss-305sssssss, after a plea of not guilty. Count(s) All Open Counts of Indictments are dismissed on the motion of the United States. IMPRISONMENT: LIFE imprisonment on Counts (S7)1 and (S7)3, TWENTY years on Counts (S7)5, and Five years on each of Counts (S7)287 through (S7)289 and (S7)291 through (S7)305, the terms to run concurrently. -The defendant is remanded to the custody of the United States Marshal. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 279/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 ASSESSMENT: $2,100. RRESTITUTION: $33,816,561.75. Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows: Lump sum payment of $2,100* due immediately. Special instructions regarding the payment of criminal monetary penalties: The restitution shall be payable in monthly installments commencing on May 1, 2013. Each monthly payment shall be equal to 50% of any revenue received by the defendant or his account in the preceding month.* (Signed by Judge Lewis A. Kaplan on 4/24/2013)(bw) (Entered: 04/24/2013) 04/24/2013 Judgment entered in money judgment book as #13,0907 USM # 42393-054 as to Wadih El Hage in the amount of $ 33,818,661.75, re: 1197 Amended Judgment. (jno) (Entered: 05/03/2013) 04/25/2013 1198 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/25/2013) 04/25/2013 1199 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/25/2013) 04/25/2013 1200 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/25/2013) 04/25/2013 1201 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/25/2013) 04/25/2013 1202 RESPONSE in Opposition by United States of America as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth re 1176 MOTION to Compel the government to provide additional discovery. MOTION for Bill of Particulars. MOTION to Sever Defendant Al-Fawwaz. MOTION to Strike unduly prejudicial surplusage from the indictment. MOTION for Leave to File additional and supplemental motions. MOTION to Continue., 1172 MOTION to Dismiss.. (Attachments: # 1 Supplement Part II, # 2 Supplement Part III)(Buckley, Sean) (Entered: 04/26/2013) 04/29/2013 1203 NOTICE OF APPEAL by Wadih El Hage from 1197 Amended Judgment. [Defendant is represented by CJA appointed counsel]. (nd) (Entered: 04/29/2013) 04/29/2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Wadih El Hage to US Court of Appeals re: 1203 Notice of Appeal - Final Judgment. (nd) (Entered: 04/29/2013) 04/29/2013 1204 TRANSCRIPT REQUEST FORM B Filed by Wadih El Hage for a Re-Sentence proceeding held on 4/23/2013 before Judge Lewis A. Kaplan Transcript due by 5/13/2013. (nd) (Entered: 04/29/2013) 05/08/2013 1205 ENDORSED LETTER as to (S7-98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17) addressed to Judge Lewis A. Kaplan from Attorney Andrew G. Patel dated April 30, 2013 re: On behalf of both Mr. Abdel Bary and Mr. Al-Fawwaz, I respectfully request that we be permitted to file our Reply Memoranda on or before May 17, 2013. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/8/2013) (bw) (Entered: 05/08/2013) 05/08/2013 1206 ENDORSED LETTER as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al- Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Jane Roseberg dated April 25, 2013 re: I write to request reconsideration of your decision to deny my request to sit in the jury box (Docket Entry 1180) when I am in your courtroom and of your new rule to allow one artist in each of the first three rows of the audience. ENDORSEMENT: The request for reconsideration of DI 1080 is denied as moot with https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 280/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 respect to the previous proceeding and, at least for now, denied on the merits prospectively. The Court is not aware of any "new rule". SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/8/2013)(bw); Modified on 5/8/2013 (bw). (Entered: 05/08/2013) 05/09/2013 1207 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from John P. Cronan and Michael Ferrara dated 5/8/2013 re: The Government respectfully writes to propose that the Government's anticipated motion pursuant to Section 4 of the Classified Information Procedures Act be filed by July 15, 2013( Motions due by 6/30/2013.)...ENDORSEMENT..The motion shall be filed by 6/30/13. (Signed by Judge Lewis A. Kaplan on 5/8/2013)(jw) (Entered: 05/09/2013) 05/09/2013 1208 ENDORSED LETTER as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Rachel P. Kovner dated 5/3/2013 re: The Government submitsthis letter on behalf of all parties pursuant to the Court's April 16 Order that the parties submit a proposed schedule for the filing of notice pursuant to Section 5(a) and the filing of any motion pursuant to Section 6(a) of the Classified Information Procedures Act ("CIPA"). If the Court remains inclined to move the trial to 2014, the parties jointly propose that the Section 5(a) notice be submitted on August 20, 2013, and that any motion pursuant to Section 6(a) be submitted approximately 60 days later, on October 18, 2013. The parties propose that the three weeks after the Section 5(a) filing be designated a meet-and-confer period during which the parties will seek to discuss the possibility of stipulations or other mechanisms to obviate the need for Section 6 proceedings. At the conclusion of that period, the parties will submit a joint letter apprising the Court of the results of those discussions. Should the Court decide to maintain the current trial date, the parties request the opportunity to submit a revised scheduling proposal. ENDORSEMENT. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/9/2013)(dnd) (Entered: 05/09/2013) 05/10/2013 1209 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 4/8/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2013. Redacted Transcript Deadline set for 6/13/2013. Release of Transcript Restriction set for 8/12/2013. (Rodriguez, Somari) (Entered: 05/10/2013) 05/10/2013 1210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 4/8/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 05/10/2013) 05/10/2013 1211 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz, Adel Abdel Bary re: Conference held on 4/9/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2013. Redacted Transcript Deadline set for 6/13/2013. Release of Transcript Restriction set for 8/12/2013. (Rodriguez, Somari) (Entered: 05/10/2013) 05/10/2013 1212 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Conference proceeding held on 4/9/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 05/10/2013) 05/13/2013 1213 NOTICE OF ATTORNEY APPEARANCE: Stanley Lewis Cohen appearing for Sulaiman Abu Ghayth. Appearance Type: Retained. (Cohen, Stanley) (Entered: 05/13/2013) 05/14/2013 1214 NOTICE OF ATTORNEY APPEARANCE: Geoffrey St. Andrew Stewart appearing for https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 281/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Sulaiman Abu Ghayth. Appearance Type: Retained. Co-counsel with Stanley L. Cohen, Esq. (Stewart, Geoffrey) (Entered: 05/14/2013) 05/15/2013 1215 SEALED DOCUMENT placed in vault. (nm) (Entered: 05/15/2013) 05/15/2013 1216 SEALED DOCUMENT placed in vault. (nm) (Entered: 05/15/2013) 05/15/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio Hearing as to Sulaiman Abu Ghayth held on 5/15/2013. Defendant Sulaiman Abu Ghayth present with attorneys PhilipWeinstein, Martin Cohen, Jonathan Marvinny, Justine Harris, Geoffrey Stewart, and Stanley L. Cohen. Arabic interpreter Fouad Elshiekh present. AUSAs John Cronan and Michael Ferrara present. NYPD Det. James Fogarty present. Court reporter Bill Richards present. Curcio hearing begun and adjourned until 5/21/13 at 10:30am. (jbo) (Entered: 05/16/2013) 05/16/2013 1217 ORDER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. The Court is in receipt of a letter dated May 15, 2013 from the United States Attorney regarding the appearance of Mr. Stanley Cohen, Esq. as counsel for the defendant. The letter, which was discussed extensively in open court at a hearing on May 15, 2013, notes that Mr. Cohen wishes it to be filed under seal. No formal application has been made. The Court will docket the letter in due course. Should Mr. Cohen wishes to make an application to seal the letter, he should do so by Wednesday, May 22, 2013. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/16/2013)(bw) (Entered: 05/16/2013) 05/17/2013 1218 ENDORSED LETTER as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew G. Patel dated 5/16/2013 re: Respectfully request that the time for us file our Reply Memoranda be extended from Friday, May 17, 2013 to Monday May 20, 2013( Replies due by 5/20/2013.) I respectfully request that the time for us file our Reply Memoranda be extended from Friday, May 17, 2013 to Monday, May 20, 2013. (Signed by Judge Lewis A. Kaplan on 5/19/2013)(jw) (Entered: 05/17/2013) 05/17/2013 1219 NOTICE OF ATTORNEY APPEARANCE: Ashraf Wajih Nubani appearing for Sulaiman Abu Ghayth. Appearance Type: Retained. (Nubani, Ashraf) (Entered: 05/17/2013) 05/17/2013 1220 FILING ERROR - DUPLICATE DOCKET ENTRY NOTICE OF ATTORNEY APPEARANCE: Ashraf Wajih Nubani appearing for Sulaiman Abu Ghayth. Appearance Type: Retained. (Nubani, Ashraf) Modified on 5/20/2013 (ka). (Entered: 05/17/2013) 05/19/2013 1221 FIRST REPLY MEMORANDUM OF LAW in Support as to Khaled Al Fawwaz re: 1176 MOTION to Compel the government to provide additional discovery. MOTION for Bill of Particulars. MOTION to Sever Defendant Al-Fawwaz. MOTION to Strike unduly prejudicial surplusage from the indictment. MOTION for Leave to File additional and supplemental motions. MOTION to Continue.. (Attachments: # 1 Affidavit of Akhtar Raja) (O'Connor, Barbara) (Entered: 05/19/2013) 05/20/2013 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 1220 , as to Sulaiman Abu Ghayth, HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Ashraf Wajih Nubani : This is a Duplicate Document. Do Not Re-File. (ka) (Entered: 05/20/2013) 05/20/2013 1222 REPLY MEMORANDUM OF LAW in Support as to Adel Abdel Bary re: 1172 MOTION to Dismiss.. (Patel, Andrew) (Entered: 05/20/2013) 05/21/2013 1223 NOTICE of Opposition to Sealing of Judicial Document as to Sulaiman Abu Ghayth (McCraw, David) (Entered: 05/21/2013) 05/21/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio Hearing as to Sulaiman Abu Ghayth held on 5/21/2013. Defendant Sulaiman Abu Ghayth present with attorneys Philip Weinstein, Martin Cohen, Jonathan Marvinny, Geoffrey Stewart, Ashraf Wajih Nubani, and Stanley L. Cohen. Arabic interpreter Andre Codouni present. AUSAs John Cronan and Michael Ferrara present. USAO paralegal Mary Delsener present. Court reporter present. Curcio hearing continued. Courts decision reserved. Defendant remained detained. (jbo) (Entered: 05/23/2013) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 282/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 05/22/2013 1224 NOTICE OF ATTORNEY APPEARANCE: Zoe Jayde Dolan appearing for Sulaiman Abu Ghayth. Appearance Type: Retained. (Dolan, Zoe) (Entered: 05/22/2013) 05/23/2013 1225 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RESPONSE by Sulaiman Abu Ghayth as to Government Curcio Letter. (Cohen, Stanley) Modified on 5/24/2013 (ka). (Entered: 05/23/2013) 05/24/2013 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 1225 as to Defendant(s) Sulaiman Abu Ghayth: HAS BEEN REJECTED. Note to Attorney Stanley Lewis Cohen : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka) (Entered: 05/24/2013) 05/24/2013 1226 TRANSCRIPT of Proceedings as to Wadih El Hage re: Sentence held on 4/23/2013 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/17/2013. Redacted Transcript Deadline set for 6/27/2013. Release of Transcript Restriction set for 8/26/2013. (McGuirk, Kelly) (Entered: 05/24/2013) 05/24/2013 1227 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Wadih El Hage. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/23/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/24/2013) 05/24/2013 1228 Letter by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from John P. Cronan and Michael Ferrara dated 5/15/2013 re: A conference in the above-referenced case is scheduled for today at 4:30p.m. The Government respectfully submits this letter to advise the Court that Stanley Cohen, Esq., (who, along with Geoffrey S. Stewart, Esq., filed a notice of appearance in this case on May 13, 2013), has been indicted in the Northern District of New York and also is the subject of a criminal investigation by this Office. In light of the potential conflict of interest posed by the investigation of Mr. Cohen in this District and the pending charges against Mr. Cohen in the Northern District of New York, the Government respectfully asks the Court to conduct a Curcio colloquy of the defendant to ensure the defendant's knowing and voluntary waiver of the conflict. In anticipation of such a hearing, the Government has prepared the enclosed Proposed Curcio Hearing Questions. Mr. Cohen has advised the Government that he requests, if a Curcio letter in this matter is filed on the docket, it be filed under seal. (jw) (jw). (Entered: 05/24/2013) 05/28/2013 1229 ENDORSED LETTER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Attorneys Martin Cohen, Philip L. Weinstein, Jonathan Marvinny dated May 22, 2013 re: Currently, the first set of motions -- including a motion to suppress Mr. Abu Ghayth's statements to authorities upon his arrest -- is due on May 31, 2013. A second set of motions -- encompassing any issues not concerning suppression -- is due on July 8, 2013. We respectfully request that the Court extend the deadline for the first set of motions to July 8, 2013, the deadline for the second set of motions. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/28/2013) (bw) (Entered: 05/28/2013) 05/28/2013 1230 ENDORSED LETTER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from AUSAs John P. Cronan / Michael Ferrara, dated May 23, 2013 re: The Government writes to inform the Court that defendant Sulaiman Abu Ghayth now has retained an additional attorney, Zoe J. Dolan, Esq., who filed a notice of appearance yesterday. ENDORSEMENT: Messrs. Weinstein, Martin Cohen, Marvinny and Ms. Harris are relieved as counsel for defendant. The Court finds that potential conflicts of

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 283/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Messrs. Stanley Cohen and Stewart have been knowingly and voluntarily waived. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/28/2013)(bw) (Entered: 05/28/2013) 05/28/2013 Attorney update in case as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. Attorney Jonathan Andrew Marvinny; Philip L. Weinstein; Martin Samuel Cohen and Justine Aleta Harris terminated. (bw) (Entered: 05/28/2013) 05/28/2013 1231 Letter by (S13-98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated May 24, 2013 re: Enclosed please find a letter which counsel attempted to file by ECF yesterday evening. The item was rejected by the system today, and in comportment with the instructions of the Court, I am sending it now by messenger to chambers. In re-formatting this letter from electronic PDF to ECF to a paper copy, I have taken the opportunity to correct typographic errors; the content remains the same. (bw) (Entered: 05/28/2013) 05/30/2013 1232 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Hearing held on 5/21/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Vincent Bologna, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2013. Redacted Transcript Deadline set for 7/8/2013. Release of Transcript Restriction set for 9/3/2013. (Rodriguez, Somari) (Entered: 05/30/2013) 05/30/2013 1233 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Hearing proceeding held on 5/21/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 05/30/2013) 05/31/2013 1234 ORDER as to Adel Abdel Bary, Sulaiman Abu Ghayth. On or about October 14, 1012, Zoe Jayde Dolan, Esq." appeared on behalf of defendant Bary with respect to S7 98 Crim. 1023 (LAK), Count 1 of which charges defendant Bary with, among other things, conspiring with Usama Bin Laden and others, from at least 1991 until the date of the filing of the indictment, to (I) murder United States nationals, anywhere in the world, including in the United States, (ii) kill United States nationals employed by the United States military who were serving in their official capacity in Somalia and on the Saudi Arabian peninsula; and (iii) kill United States nationals employed at the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, including internationally protected persons. On January 2, 2013, Ms. Dolan was relieved as counsel for defendant Bary by an order endorsed on her ex parte application which was filed under seal at her request. The Clerk shall note Ms. Dolan's withdrawal on January 2, 2013 as counsel for defendant Bary on the docket. (Signed by Judge Lewis A. Kaplan on 5/31/2013)(jw) (Entered: 05/31/2013) 05/31/2013 Attorney update in case as to Adel Abdel Bary, Attorney Zoe Jayde Dolan terminated. (The Clerk shall note Ms. Dolan's withdrawal on January 2, 2013 as counsel for defendant Bary on the docket) (jw) (Entered: 05/31/2013) 06/03/2013 1235 SECOND REPLY MEMORANDUM OF LAW in Support as to Adel Abdel Bary re: 1172 MOTION to Dismiss.. (Patel, Andrew) (Entered: 06/03/2013) 06/10/2013 1236 NOTICE OF ATTORNEY APPEARANCE Rachel Peter Kovner appearing for USA. (Kovner, Rachel) (Entered: 06/10/2013) 06/10/2013 1237 NOTICE OF ATTORNEY APPEARANCE Stephen J Ritchin appearing for USA. (Ritchin, Stephen) (Entered: 06/10/2013) 06/11/2013 1238 Letter by United States of America as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 6/7/2013 re: The Government respectfully writes on behalf of the parties in advance of the conference scheduled for Tuesday, June 11, 2013, to provide a further update with respect to discovery issues

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 284/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 identified in the parties' status letter dated May 10,2013 (the "May 10 Status Letter"). (dnd) (Entered: 06/11/2013) 06/11/2013 1239 SCHEDULING ORDER as to Khaled Al Fawwaz, Adel Abdel Bary ( Jury Trial set for 4/7/2014 at 09:30 AM before Judge Lewis A. Kaplan.) The government shall produce (a) the electronic media described in paragraph I in digital format and (b) copies of the computer hard drives described in paragraph II of its letter of June 7, 2013 (the "Letter") to defendants no later than July 9, 2013. The government shall produce the information described in paragraph III of the Letter to defendants no later than June 25, 2013. Any requests by the defendants for letters rogatory seeking any of the materials described in paragraph IV.B of the letter shall be filed no later than July 2, 2013. Any motions for Rule 15 depositions or for letters rogatory (other than as described in paragraph 3) by any party shall be filed on or before August 1, 2013. This case is set for trial at 9:30 a.m. on April 7, 2014. (Signed by Judge Lewis A. Kaplan on 6/11/2013)(jw) (Entered: 06/11/2013) 06/13/2013 1240 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal as to Wadih El Hage re: 1203 Notice of Appeal - Final Judgment USCA Case Number 13-1755, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (Entered: 06/13/2013) 06/14/2013 1241 MEMORANDUM in Support by Khaled Al Fawwaz re 1176 MOTION to Compel the government to provide additional discovery. MOTION for Bill of Particulars. MOTION to Sever Defendant Al-Fawwaz. MOTION to Strike unduly prejudicial surplusage from the indictment. MOTION for Leave to File additional and supplemental motions. MOTION to Continue.. (O'Connor, Barbara) (Entered: 06/14/2013) 06/20/2013 1242 NOTICE OF ATTORNEY APPEARANCE: Lauren Sarah Kessler appearing for Adel Abdel Bary. Appearance Type: CJA Appointment. (Kessler, Lauren) (Entered: 06/20/2013) 06/20/2013 1243 MEMORANDUM & OPINION: #103316 As to Khaled Al Fawwaz. Defendants Kahlid Al Fawwaz and Adel Abdel Bary were indicted in this Court in 2000 for, among other things, conspiring with Usama Bin Laden and others to kill Americans abroad by, among other means, bombing the United States embassies in Nairobi, Kenya, and Dares Salaam, Tanzania, bombings in which 224 people reportedly were killed and many more injured. This case is now before the Court on a host of motions by defendant AI Fawwaz. This opinion deals with Al Fawwaz's motion for severance. The remainder of Al Fawwaz's motions are dealt with by order of even date... For the reasons as set forth in this Memorandum and Opinion Al Fawwaz has failed to demonstrate that a joint trial would compromise a specific trial right or prevent the jury from making reliable decisions. The Court therefore declines to grant a severance under Rule 14(a). Al Fawwaz's motion for a severance [DI 1176] is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/20/2013)(dnd) Modified on 6/27/2013 (jab). (Entered: 06/20/2013) 06/20/2013 1244 ORDER: As to Khaled Al Fawwaz. Defendant Al Fawwaz moves for additional discovery, a bill of particulars, a severance of his trial from the trial of co-defendant Abdel Bary, to strike alleged surplusage from the indictment, for a continuance of the trial, and for other relief. DI 1202. Insofar as the motionseeks a severance, it is addressed in a memorandum opinion of even date. Insofar as it seeks a continuance, it is moot by virtue of the new trial date fixed on June 11, 2013. The balance of his motion is addressed in this order...For the foregoing reasons, as well as those set forth in the memorandum opinion of even date with respect to the request for a severance, Al Fawwaz's pretrial motions (DI 1176)are denied in all respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/20/2013)(dnd) (Entered: 06/20/2013) 06/20/2013 1245 ORDER as to Sulaiman Abu Ghayth. The time within which the government shall file its motion pursuant to Section 4 of the Classified Information Procedures Act is extended by 28 days. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/20/2013)(dnd) (Entered: 06/20/2013) 06/20/2013 1246 ENDORSED LETTER as to Adel Abdel Bary addressed to Judge Lewis A. Kaplan from John P. Cronan dated 6/20/2013 re: The Government writes respectfully in response to the Court's May 31, 2013 Order directing (1) Zoe Dolan, Esq. and defendant Adel Abdel Bary to show cause why Ms. Dolan's December 31, 2012 ex parte application should not be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 285/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 unsealed; and (2) all parties to show cause why the Court should not conduct a Curcio hearing with respect to Ms. Dolan's representation of defendant Sulaiman Abu Ghayth... ENDORSEMENT: Ms. Dolans 12/31/2012 application is unsealed. The Government shall submit proposed questions within 10 days. The Curcio hearing will commence on 7/8/2013 at 10:30 a.m. (Signed by Judge Lewis A. Kaplan on 6/20/2013)(dnd) (Entered: 06/20/2013) 06/20/2013 Set/Reset Hearings as to Adel Abdel Bary: Curcio Hearing set for 7/8/2013 at 10:30 AM before Judge Lewis A. Kaplan. (dnd) (Entered: 06/20/2013) 06/20/2013 Transmission to Sealed Records Clerk: as to Adel Abdel Bary. Transmitted re: 1246 Endorsed Letter, to the Sealed Records Clerk for the unsealing of a document for this case. (dnd) (Entered: 06/20/2013) 06/20/2013 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from John P. Cronan dated 6/20/2013 re: The Government writes respectfully in response to the Court's May 31, 2013 Order directing (1) Zoe Dolan, Esq. and defendant Adel Abdel Bary to show cause why Ms. Dolan's December 31, 2012 ex parte application should not be unsealed; and (2) all parties to show cause why the Court should not conduct a Curcio hearing with respect to Ms. Dolan's representation of defendant Sulaiman Abu Ghayth... ENDORSEMENT: Ms. Dolans 12/31/2012 application is unsealed. The Government shall submit proposed questions within 10 days. The Curcio hearing will commence on 7/8/2013 at 10:30 a.m. )*** Supporting pdf is attached to entry 1246 for defendant Adel Abdel Bary***) (Signed by Judge Lewis A. Kaplan on 6/20/2013)(dnd) (Entered: 06/20/2013) 06/20/2013 Set/Reset Hearings as to Sulaiman Abu Ghayth: Curcio Hearing set for 7/8/2013 at 10:30 AM before Judge Lewis A. Kaplan. (dnd) (Entered: 06/20/2013) 06/20/2013 1247 ENDORSED LETTER as to Adel Abdel Bary addressed to Judge Lewis B. Kaplan from Zoe Dolan dated 12/31/2012 re: This letter is to advise the Court that a conflict has arisen. While I am available to continue working on this matter, it appears that the conflict impedes my representation as to Mr. Bary at this time. In light of the foregoing, I seek authorization to submit a final CJA voucher...ENDORSEMENT...Ms. Dolan is released as counsel. She must submit a final voucher. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/2/2013)(jw) (jw). (Entered: 06/26/2013) 07/02/2013 1248 MOTION for Issuance of Letters Rogatory to the United Kingdom. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Affidavit of Akhtar Raja, # 2 Text of Proposed Order for Letters Rogatory)(O'Connor, Barbara) (Entered: 07/02/2013) 07/03/2013 1249 ORDER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. In all the circumstances, including the defendant's delay of nearly a month between the revelations upon which this application is made and its making and the lack of any showing of any material likelihood of irreparable injury between today and next week, the Court will hear the application for a temporary restraining order on Monday, July 8, 2013 at 2 p.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/3/2013)(bw) (Entered: 07/03/2013) 07/08/2013 1250 MEMORANDUM OF LAW in Opposition by United States of America as to Sulaiman Abu Ghayth re: 1249 Order, Set Deadlines/Hearings,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cronan, John) (Entered: 07/08/2013) 07/08/2013 1251 DECLARATION of John P. Cronan in Opposition by United States of America as to Sulaiman Abu Ghayth re: 1249 Order, Set Deadlines/Hearings,,. (Cronan, John) (Entered: 07/08/2013) 07/08/2013 1252 ORDER: As to Sulaiman Abu Ghayth. On July 3, 2013, defendant presented to chambers a proposed order to show cause seeking a temporary restraining order and a preliminary injunction. The Court did not sign the proposed order but entered an order setting the application for a temporary restraining order for hearing today. Having heard the application orally, and having considered the government' s papers in opposition, filed today, the Court, for reasons stated on the record, denied the motion from the bench in all respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/8/2013)(dnd) Modified on 7/8/2013 (dnd). (Entered: 07/08/2013) 07/08/2013 1253 [Proposed] Order Restraining Government From Monitoring Communications Among And https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 286/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Between Counsel And Others. Document submitted by (98-Cr-1023-26) Sulaiman Abu Ghayth. (bw) (Entered: 07/09/2013) 07/08/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to (98-Cr-1023-26) Sulaiman Abu Ghayth held on 7/8/2013. Defendant Sulaiman Abu Ghayth present with attorneys Stanley L. Cohen, Geoffrey St. Andrew Stewart, and Zoe Dolan present. AUSAs John Cronan and Michael Ferrara present. Court reporter present. Defendant waived his right to an interpreter for today's proceeding. Oral argument held on the order to show cause held. (bw) (Entered: 08/15/2013) 07/09/2013 1254 ORDER as to Khaled Al Fawwaz, Adel Abdel Bary. At the conclusion of the Curcio hearing on Monday, July 15, 2013 at 4:00pm, the Court will hold a conference with counsel for the Government and counsel for defendants Al Fawwaz and Abdel Bary regarding Abdel Bary's motion to suppress statements made to British Officers. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/9/2013)(jw) (Entered: 07/09/2013) 07/09/2013 1255 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Zoe Dolan dated 7/2/2013 re: Mr. Patel has requested that he be present to represent Mr. Abdel Bary at a Curcio hearing as to Mr. Abu Ghayth. Even were grounds for this request forthcoming, the involvement of counsel for Mr. Abdel Bary is inconsistent with the absence of a conflict as discussed above, and, in any event, Mr. Abdel Bary's current representation is not at issue. In light of the foregoing, the Curcio hearing is moot and should be cancelled...ENDORSEMENT...Denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/8/2013)(jw) (Entered: 07/09/2013) 07/10/2013 1256 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz, Adel Abdel Bary re: Conference held on 6/11/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/5/2013. Redacted Transcript Deadline set for 8/15/2013. Release of Transcript Restriction set for 10/11/2013. (Rodriguez, Somari) (Entered: 07/10/2013) 07/10/2013 1257 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Conference proceeding held on 6/11/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 07/10/2013) 07/15/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio Hearing as to Adel Abdel Bary, Sulaiman Abu Ghayth held on 7/15/2013. Defendant Sulaiman Abu Ghayth (31) present with attorneys Stanley Cohen, Geoffrey St. Andrew Stewart, and Zoe Dolan. Defendant Adel Abdel Bary (17) present with attorneys Andrew Patel and Lauren Kessler. Arabic interpreter Marwan Abdel-Rahman present. AUSAs Michael Ferrara and John Cronan present. Court reporter Karen Gorleski present. (jbo) (Entered: 07/19/2013) 07/15/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Adel Abdel Bary held on 7/15/2013. Defendant Khaled Al Fawwaz (15) not present, but attorneys Bobbi C. Sternheim, Barbara OConnor, and David Kirby present. Defendant Adel Abdel Bary (17) present with attorneys Lauren Kessler and Andrew Patel. Arabic interpreter Andre Codouni present. AUSAs Sean Buckley, Rachel Kovner, and Stephen Ritchin present. (jbo) (Entered: 07/19/2013) 07/17/2013 1258 SEALED DOCUMENT placed in vault. (mps) (Entered: 07/17/2013) 07/17/2013 1259 ENDORSED LETTER as to (98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17) addressed to Judge Lewis A. Kaplan from AUSAs Sean S. Buckley, Rachel P. Kovner, Stephen J. Ritchin, dated July 12, 2013 re: The Government writes to request an extension of time until August 1, 2013 to respond to defendant Fawwaz's motion seeking letters rogatory. We have consulted with counsel for defendants Fawwaz and Bary, who consent to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 287/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 this application. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 7/16/2013)(bw) (Entered: 07/17/2013) 07/18/2013 1260 MEMO ENDORSEMENT: As to Sulaiman Abu Ghayth. re: Consent Request for Enlargement of Time in Which to File a Motion. Later today the defense will file its Omnibus Pre-Trial Motion in accord with Your Honor's schedule. We are, however, asking the Court to grant a one week extension for us to file, if necessary, our motion to compel the Government to provide additional particulars and discovery pursuant to Rule 16 an Brady, for the reason to follow... ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/18/2013)(dnd) (Entered: 07/18/2013) 07/18/2013 1261 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 7/8/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/12/2013. Redacted Transcript Deadline set for 8/22/2013. Release of Transcript Restriction set for 10/21/2013. (Rodriguez, Somari) (Entered: 07/18/2013) 07/18/2013 1262 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 7/8/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 07/18/2013) 07/19/2013 1263 MOTION to Dismiss Indictment and Motion for Omnibus Relief. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 07/19/2013) 07/19/2013 1264 EX PARTE MOTION for Leave to File Excess Pages and to File Memorandum Beyond Time. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 07/19/2013) 07/19/2013 1265 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PRETRIAL MEMORANDUM Exhibits in Support by Sulaiman Abu Ghayth. (Cohen, Stanley) Modified on 7/19/2013 (ka). (Entered: 07/19/2013) 07/19/2013 1266 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM in Support by Sulaiman Abu Ghayth re 1263 MOTION to Dismiss Indictment and Motion for Omnibus Relief.. CORRECTED EXHIBIT D in support of the Motion (Cohen, Stanley) Modified on 7/19/2013 (ka). (Entered: 07/19/2013) 07/19/2013 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Stanley Lewis Cohen as to Sulaiman Abu Ghayth: to RE-FILE Document 1265 Pretrial Memorandum. Use the document type Affidavit in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 07/19/2013) 07/19/2013 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 1266 as to Defendant(s) Sulaiman Abu Ghayth: HAS BEEN REJECTED. Note to Attorney Stanley Lewis Cohen : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka) (Entered: 07/19/2013) 07/19/2013 1267 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - AFFIDAVIT of Sulaiman Abu Ghayth in Support as to Sulaiman Abu Ghayth re 1263 MOTION to Dismiss Indictment and Motion for Omnibus Relief.. (Cohen, Stanley) Modified on 7/19/2013 (ka). (Entered: 07/19/2013) 07/19/2013 1268 AFFIDAVIT of Sulaiman Abu Ghayth in Support as to Sulaiman Abu Ghayth re 1263 MOTION to Dismiss Indictment and Motion for Omnibus Relief.. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 288/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Affidavit, # 8 Affidavit, # 9 Affidavit, # 10 Affidavit, # 11 Affidavit)(Stewart, Geoffrey) (Entered: 07/19/2013) 07/22/2013 1269 ORDER: As to Sulaiman Abu Ghayth. Defendant moves for an extension nunc pro tunc of the time within which to file his motion, filed on July 19, 2013, and for approval of his filing of an over sized memorandum of law without leave of the Court. The motion is granted to the extent that (1) defendant's time for filing the motion is extended nunc pro tunc from July 18, 2013 to and including the time of its filing, and (2) the Court will accept this memorandum of law. The Court, however, expects compliance with the page limitations on memoranda of law. In those cases in which counsel believe that additional pages are appropriate, they should seek leave for a longer memorandum well in advance of the filing deadline, as they act at their peril in failing to do so. Counsel's filings were not made in even remote compliance with the Court'selectronic filing rules and procedures, causing considerable inconvenience to court personnel. Counsel are directed to read and comply with those procedures in the future. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/22/2013)(dnd) (Entered: 07/22/2013) 07/23/2013 1270 SEALED DOCUMENT placed in vault. (mps) (Entered: 07/23/2013) 07/25/2013 1271 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bill of Particulars with Affirmation and Memorandum of Law and attached Exhibits. Document filed by Sulaiman Abu Ghayth. (Attachments: # 1 Exhibit)(Cohen, Stanley) Modified on 7/26/2013 (ka). (Entered: 07/25/2013) 07/26/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Stanley Lewis Cohen as to Sulaiman Abu Ghayth: to RE-FILE Document 1271 MOTION for Bill of Particulars with Affirmation and Memorandum of Law and attached Exhibits. ERROR(S): Filing Error of Supporting Documents. Supporting Affirmation and Memorandum of Law must be filed individually. Event codes located under Replies, Opposition and Supporting Documents. (ka) (Entered: 07/26/2013) 07/26/2013 1272 MOTION for Bill of Particulars. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 07/26/2013) 07/26/2013 1273 AFFIRMATION of Stanley L. Cohen in Support as to Sulaiman Abu Ghayth re 1272 MOTION for Bill of Particulars. with Memorandum of Law (Attachments: # 1 Exhibit) (Cohen, Stanley) (Entered: 07/26/2013) 07/29/2013 1274 ENDORSED LETTER as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al- Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Andrew G. Patel dated 7/26/2013 re: This letter is respectfully submitted on behalf of all parties, requesting that the date for filing of all Rule 15 motions, as well as Letters Rogatory to compel foreign witnesses to testify if depositions are granted, be adjourned until September 3, 2013 for the reasons expressed in this letter. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/29/2013)(dnd) (Entered: 07/29/2013) 07/30/2013 1275 ORDER: As to Khaled Al Fawwaz, Adel Abdel Bary. The Court will hold a hearing on the joint venture issue in defendant Abdel Bary's motion to suppress statements made to British officers. The hearing will begin on September 4,2013 at 9:30 a.m. and, to the extent necessary, continue on September 18 and 19, 2013. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/30/2013)(dnd) (Entered: 07/31/2013) 07/30/2013 Set/Reset Hearings as to Khaled Al Fawwaz, Adel Abdel Bary: Suppression Hearing set for 9/4/2013 at 9:30 AM before Judge Lewis A. Kaplan. (dnd) (Entered: 07/31/2013) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 289/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 08/02/2013 1276 SEALED DOCUMENT placed in vault. (nm) (Entered: 08/05/2013) 08/08/2013 1277 MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1263 MOTION to Dismiss Indictment and Motion for Omnibus Relief., 1272 MOTION for Bill of Particulars.. (Attachments: # 1 Exhibit A (Katwan Declaration), # 2 Exhibit B (McHigh Declaration), # 3 Exhibit C (Gov't July 17 Ltr. to Defense))(Ferrara, Michael) (Entered: 08/08/2013) 08/13/2013 1278 ORDER as to Sulaiman Abu Ghayth. The Court will hold an evidentiary hearing on defendant's motion to suppress on September 17, 2013 in conjunction with the argument previously scheduled. The parties shall notify the Court no later than September 6, 2013 if either side anticipates using classified evidence. SO ORDERED (Signed by Judge Lewis A. Kaplan on 8/13/2013)(jw) (Entered: 08/13/2013) 08/15/2013 1279 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 7/15/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Karen Gorlaski, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/9/2013. Redacted Transcript Deadline set for 9/19/2013. Release of Transcript Restriction set for 11/18/2013. (Rodriguez, Somari) (Entered: 08/15/2013) 08/15/2013 1280 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 7/15/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 08/15/2013) 08/15/2013 1281 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz, Adel Abdel Bary re: Conference held on 7/15/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/9/2013. Redacted Transcript Deadline set for 9/19/2013. Release of Transcript Restriction set for 11/18/2013. (Rodriguez, Somari) (Entered: 08/15/2013) 08/15/2013 1282 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Conference proceeding held on 7/15/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 08/15/2013) 08/19/2013 1283 ORDER as to (S7-98-Cr-1023-15) Khaled Al Fawwaz. Defendant moves for the issuance of letters rogatory to the United Kingdom to obtain from the United Kingdom Security Service, commonly known as MI-5 (Military Intelligence, Section 5), (1) documents and other information, concerning or memorializing conversations between MI5 officers (including Paul Banner) and this defendant during the period 1994-98, (2) information and recordings obtained from any electronic surveillance of this defendant's home and/or telephones and/or the telephones of the Advice and Reformation Committee during the same period, and (3) testimony of Paul Banner identifying and authenticating the requested documents and information as well as testimony concerning his conversations and interactions with this defendant during the period 1994-98. The defendant alleges that such information would be exculpatory and important to his defense. The government takes no position on the application. The Court assumes, particularly in the absence of any contrary argument by the government, that it has the authority to issue letters rogatory, at a defendant's instance in appropriate circumstances, for the procurement of documents located abroad that the defendant could have subpoenaed for trial were the documents in this country. It further concludes that the memoranda, documents, and recordings sought https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 290/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 would be obtainable by subpoena were they in the United States and that they are potentially relevant and significant to the defense of this action. Accordingly, the Court will grant the motion to the extent it seeks those materials. Insofar as the motion seeks testimony from Mr. Banner, it raises other issues. The testimony, though the defendant has not explicitly so recognized the fact, would be a deposition of Mr. Banner in the United Kingdom. Depositions in criminal cases are governed by Fed. R. Civ. 15, and they are rare birds indeed, particularly where they are to be taken outside the United States. As the defendant has not addressed the relevant issues, the motion to that extent is denied without prejudice to renewal not later than September 16, 2013. Accordingly, the motion for the issuance of letters rogatory [DI 1248] is granted in part and denied in part as set forth above. The letter rogatory, to the extent its issuance has been granted, will be filed herewith. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/19/2013)(bw) (Entered: 08/19/2013) 08/19/2013 1284 ORDER as to (S7-98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17). In accordance with the procedures employed in United States v. Aref, 533 F.3d 72, 76-77, and in connection with this Court's review, under Section 4 of the Classified Information Procedures Act ("CIPA"), 18 U.S.C. App. 3 §4, of classified discovery materials, the Court will meet ex parte with the government on September 4, 2013 following testimony in the evidentiary hearing to be informed in general terms of the proof the government plans to present at trial. The purpose is to permit the Court to be better informed to make the judgments called for by the government's CIPA motion. Absent objection from the government, the Court then will meet ex parte with the defense to be better informed of the defenses they plan to present for the same purpose, provided of course that the defense elects to share that information. The ex parte proceedings will be recorded by a court stenographer and the transcripts will be filed in due course. The Court writes briefly to indicate the basis for its conclusion that it is appropriate to conduct a conference ex parte. Section 4 of CIPA permits, but does not require, the government to apply for authorization to protect sensitive but otherwise discoverable information by redaction and substitution of summaries "in the form of a written statement to be inspected by the court alone." It does not specifically address the question whether such applications may be made or supplemented orally as well "to the court alone," i.e., ex parte. But the structure of Section 4 implies that this is permissible. The statute provides that the entire text of any written statement by the government in support of such an application "shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal" in the event the application is granted. Thus, it manifests clearly Congress' intention to permit ex parte applications of this nature provided that a clear record is created and maintained "in the records of the court" to facilitate any appellate review. There is no material difference between ex parte written and oral statements in support of an application of this nature provided the same safeguards apply in both instances. The Court therefore concludes that ex parte oral conferences and hearings are permissible in connection with CIPA § 4 applications if they are transcribed verbatim and the transcripts and any exhibits received therein are properly preserved. See United States v. Aref, 533 F.3d 72, 81 (2d Cir. 2008); United States v. Campa, 529 F.3d 980, 994-95 (11th Cir. 2008); United States v. Klimavicius-Viloria, 144 F.3d 1249, 1261-62 (9th Cir. 1998). The Court affords the defendants a similar opportunity as a matter of fairness. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/19/2013)(bw) (Entered: 08/19/2013) 08/19/2013 1285 ORDER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. In accordance with the procedures employed in United States v. Aref, 533 F.3d 72, 76-77, and in connection with this Court's review, under Section 4 of the Classified Information Procedures Act ("CIPA"), 18 U.S.C. App. 3 §4, of classified discovery materials, the Court will meet ex parte with the government on September 4, 2013 at 4:00 p.m. to be informed in general terms of the proof the government plans to present at trial. The purpose is to permit the Court to be better informed to make the judgments called for by the government's CIPA motion. Absent objection from the government, the Court then will meet ex parte with the defense to be better informed of the defenses they plan to present for the same purpose, provided of course that the defense elects to share that information. The ex parte proceedings will be recorded by a court stenographer and the transcripts will be filed in due course. The Court writes briefly to indicate the basis for its conclusion that it is appropriate to conduct a https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 291/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 conference ex parte. Section 4 of CIPA permits, but does not require, the government to apply for authorization to protect sensitive but otherwise discoverable information by redaction and substitution of summaries "in the form of a written statement to be inspected by the court alone." It does not specifically address the question whether such applications may be made or supplemented orally as well "to the court alone," i.e., ex parte. But the structure of Section 4 implies that this is permissible. The statute provides that the entire text of any written statement by the government in support of such an application "shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal" in the event the application is granted. Thus, it manifests clearly Congress' intention to permit ex parte applications of this nature provided that a clear record is created and maintained "in the records of the court" to facilitate any appellate review. There is no material difference between ex parte written and oral statements in support of an application of this nature provided the same safeguards apply in both instances. The Court therefore concludes that ex parte oral conferences and hearings are permissible in connection with CIPA § 4 applications if they are transcribed verbatim and the transcripts and any exhibits received therein are properly preserved. See United States v. Aref, 533 F.3d 72, 81 (2d Cir. 2008); United States v. Campa, 529 F.3d 980, 994-95 (11th Cir. 2008); United States v. Klimavicius-Viloria, 144 F.3d 1249, 1261-62 (9th Cir. 1998). The Court affords the defendants a similar opportunity as a matter of fairness. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/19/2013)(bw) (Entered: 08/19/2013) 08/19/2013 ***DELETED DOCUMENT. Deleted document number 1286, LETTER, as to Khaled Al Fawwaz (15), Adel Abdel Bary (17). The document was incorrectly filed in this case. (bw) (Entered: 08/20/2013) 08/19/2013 1286 Letter by (S7-98-Cr-1023-17) Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Attorney Andrew G. Patel dated August 8, 2013 re: This letter is respectfully submitted to particularize the statements of Mr. Abdel Bary that we seek to suppress. The particular statements we seek to suppress are highlighted in yellow in the enclosed documents. (bw) (Entered: 08/20/2013) 08/19/2013 1287 Letter by United States of America as to (98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17) addressed to Judge Lewis A. Kaplan from AUSAs Sean S. Buckley, Rachel P. Kovner, Stephen J. Ritchin, dated August 1, 2013 re: The Government writes to respectfully advise the Court that it takes no position with respect to defendant Fawwaz's pending motion seeking letters rogatory. (bw) (Entered: 08/20/2013) 08/19/2013 1288 ENDORSED LETTER as to (S7-98-Cr-1023-17) Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Attorney Andrew G. Patel dated August 15, 2013 re: With the consent of all parties, this letter is respectfully submitted to request a modification of the schedule of the Classified Information Procedure Act ("CIPA") submissions. We request that any CIPA Section 5(a) notice be submitted on September 20, 2013, and that any motion pursuant to CIPA Section 6(a) be submitted on December 18, 2013. As in the prior Order, the parties propose that the three weeks after the Section 5(a) filing be designated a meet-and-confer period during which time the parties will discuss various mechanisms to obviate the need for Section 6 proceedings. At the end of that period, by joint letter, the parties will advise the Court of the results of those discussions. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 8/19/2013)(bw) (Entered: 08/20/2013) 08/20/2013 1289 ENDORSED LETTER as to (98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Attorney Zoe Dolan dated August 19, 2013 re: I am one of the attorneys for defendant Sulaiman Abu Ghayth in the above-referenced case. This letter is submitted to request an adjournment of three business days for submission of the defense pre-trial motion reply papers, which are currently due this Friday, August 23.... I understand that defense counsel Stanley Cohen has spoken with counsel for the government, and there is no objection to a three-day adjournment of the defense reply to August 28. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 8/20/2013)(bw) (Entered: 08/20/2013) 08/28/2013 1290 REPLY TO RESPONSE to Motion by Sulaiman Abu Ghayth re 1263 MOTION to Dismiss Indictment and Motion for Omnibus Relief.. with Attached Exhibits (Cohen, Stanley) (Entered: 08/28/2013) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 292/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 08/28/2013 1291 REPLY TO RESPONSE to Motion by Sulaiman Abu Ghayth re 1272 MOTION for Bill of Particulars.. (Cohen, Stanley) (Entered: 08/28/2013) 08/29/2013 1292 ENDORSED LETTER: As to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 8/28/2013 re: Defense counsel writes with regard to the conference scheduled by Your Honor in the Court's text Order of 19 August [Docket #1285], setting a meeting on 4 September with the Defense in camera and ex parte with respect to the Government's CIPA motion. I respectfully request that the conference date be adjourned for one week, or to anytime thereafter convenient to the Court, for the reasons stated herein below. ENDORSEMENT: DENIED. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/29/2013)(dnd) (Entered: 08/29/2013) 08/30/2013 1293 MOTION to Suppress Out of Court Identification and Preclude In Court Identification. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 08/30/2013) 08/30/2013 1294 AFFIRMATION in Support as to Sulaiman Abu Ghayth re 1293 MOTION to Suppress Out of Court Identification and Preclude In Court Identification.. with Memorandum of Law and Exhibits (Cohen, Stanley) (Entered: 08/30/2013) 09/02/2013 1295 NOTICE OF ATTORNEY APPEARANCE Adam Fee appearing for USA. (Fee, Adam) (Entered: 09/02/2013) 09/03/2013 1296 MOTION to Take Deposition. Document filed by Adel Abdel Bary. (Patel, Andrew) (Entered: 09/03/2013) 09/03/2013 1297 DECLARATION of Patel in Support as to Adel Abdel Bary re: 1296 MOTION to Take Deposition.. (Patel, Andrew) (Entered: 09/03/2013) 09/03/2013 1298 MEMORANDUM in Support by Adel Abdel Bary re 1296 MOTION to Take Deposition.. (Patel, Andrew) (Entered: 09/03/2013) 09/03/2013 1299 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Letters Rogatory and Rule 15 Depositions to the United Kingdom. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Affidavit of David V. Kirby, # 2 Text of Proposed Order Letter Rogatory, # 3 Text of Proposed Order Letter Rogatory)(O'Connor, Barbara) Modified on 9/4/2013 (ka). (Entered: 09/03/2013) 09/03/2013 1300 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 Deposition. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Affidavit David V. Kirby, # 2 Text of Proposed Order)(O'Connor, Barbara) Modified on 9/4/2013 (ka). (Entered: 09/03/2013) 09/03/2013 1301 MOTION to Take Depositions Pursuant to Rule 15. Document filed by United States of America as to Khaled Al Fawwaz, Adel Abdel Bary. (Fee, Adam) (Entered: 09/04/2013) 09/04/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Barbara Elizabeth O'Connor as to Khaled Al Fawwaz: to RE-FILE Document 1299 MOTION for Letters Rogatory and Rule 15 Depositions to the United Kingdom. ERROR(S): Filing Error of Attachment#1. Supporting declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents. (ka) (Entered: 09/04/2013) 09/04/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Barbara Elizabeth O'Connor as to Khaled Al Fawwaz: to RE-FILE Document 1300 MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 Deposition. ERROR(S): Filing Error of Attachment#1. Supporting declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents. (ka) (Entered: 09/04/2013) 09/04/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Khaled Al Fawwaz held on 9/4/2013. Ex parte classified conference held in chambers with defense counsel only regarding defendant Fawwaz (#15). Defendant Fawwaz not present but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor present. Court reporter Carol Ganley present. (ajc) (Entered: 09/19/2013) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 293/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 09/04/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Khaled Al Fawwaz, Adel Abdel Bary held on 9/4/2013. Ex parte classified conference held in chambers with Government counsel only regarding defendants Adel Abdel Bary(#17) and Khaled Al Fawwaz (#15). AUSAs Sean Buckley, Stephen J. Ritchin, and Adam Fee present. Court reporter Carol Ganley present. (ajc) (Entered: 09/19/2013) 09/04/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Adel Abdel Bary held on 9/4/2013. Ex parte classified conference held in chambers with Government counsel only regarding defendants Adel Abdel Bary(#17) and Khaled Al Fawwaz (#15). AUSAs Sean Buckley, Stephen J. Ritchin, and Adam Fee present. Court reporter Carol Ganley present. (ajc) (Entered: 09/19/2013) 09/04/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Sulaiman Abu Ghayth held on 9/4/2013. Ex parte classified conference held in chambers with defense counsel only regarding defendant Sulaiman Abu Ghayth (#31). Defendant Abu Ghayth not present but attorney Zoe Dolan present. Court reporter Carol Ganley present. (ajc) (Entered: 09/19/2013) 09/04/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Sulaiman Abu Ghayth held on 9/4/2013. Ex parte classified conference held in chambers with Government counsel only regarding defendant Sulaiman Abu Ghayth (#31). AUSAs Michael Ferrara and John Cronan present. Court reporter Carol Ganley present. (ajc) (Entered: 09/19/2013) 09/04/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Suppression Hearing as to Khaled Al Fawwaz, Adel Abdel Bary held on 9/4/2013. Suppression hearing with sworn witnesses begun and continued. Defendant Fawwazpresent with attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor. Defendant Bary present with attorneys Andrew G. Patel, Lauren Kessler, and Linda Marino. AUSAs Sean Buckley, Stephen J. Ritchin, and Adam Fee present. Arabic interpreters Fouad Elshiekh and N. Charif present. Court reporter Carol Ganley present. Hearing begun and continued to 9/18/13 at 9:30am. (ajc) (Entered: 10/02/2013) 09/05/2013 1302 DECLARATION in Support as to Khaled Al Fawwaz re: 1299 MOTION for Letters Rogatory and Rule 15 Depositions to the United Kingdom., 1300 MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 Deposition.. (O'Connor, Barbara) (Entered: 09/05/2013) 09/13/2013 1303 ORDER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. Defendant has moved, insofar as is relevant here, to suppress statements made to law enforcement during a flight from Jordan to the United States. DI 1263, at 1,6-7,49-77. He argues.... principally that those statements should be suppressed because he was not given Miranda warnings and the statements were not voluntary. The government disputes these allegations and submitted a declaration from a Deputy U.S. Marshal. It agrees, however, that there is a disputed issue of fact making an evidentiary hearing appropriate. DI 1277, at 26. Accordingly, on August 13, 2013, the Court set an evidentiary hearing on the motion to suppress to commence on September 17, 2013. DI 1278. By letter dated September 10, 2013, the defendant proposes that the government present its case on September 17,2013. But he now asks for a continuance of twenty days following the conclusion of the government's case at the hearing. He now claims that he wishes to present an expert witness with respect to the voluntariness of defendant's statements, that he has had difficulty in procuring such a witness, and that he needs more time to find one. The government takes no position. The request for a reasonable extension to attempt to find another expert is reasonable in the circumstances. But there is no reason to postpone the presentation of defendant's entire case on the suppression motion. The question whether the defendant was given Miranda warnings, for example, depends entirely on whether the Court ultimately believes the defendant or the government's evidence. Moreover, there is no reason why the defendant (and any other witnesses he intends to call other than the hoped-for expert) cannot give their testimony as originally scheduled. Accordingly, defendant shall proceed with his case on the suppression motion, if any, immediately upon the conclusion of the government's case. When he completes his case in all respects other than the presentation of the expert witness (if one is located), he shall rest subject to the testimony of that witness. The https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 294/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 government then shall proceed with any rebuttal evidence save for any rebuttal with respect to any expert witness later presented by the defendant. The hearing then will conclude in all respects save that expert testimony and any rebuttal thereto. The defendant's request for a continuance thus is granted to the extent set forth above and denied in all other respects. The Court will hear the defendant's expert witness (if any) and any rebuttal thereto on October 8, 2013 at 9:30 a.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/13/2013)(bw) (Entered: 09/13/2013) 09/13/2013 1304 LETTER by (98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Attorney Stanley L. Cohen dated September 10, 2013 re: Your Honor set a hearing scheduled for 17 September on the Defendant's motion to suppress a statement attributed to him. For the reasons to follow, I am respectfully requesting that at the conclusion of the Government's case on the hearing, the defense presentation of its case be continued for twenty days. (bw) (Entered: 09/13/2013) 09/15/2013 1305 MOTION for Letters Rogatory to the United Kingdom for Testimony of MI5 officers. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Text of Proposed Order for Letters Rogatory)(O'Connor, Barbara) (Entered: 09/15/2013) 09/15/2013 1306 DECLARATION of David V. Kirby in Support as to Khaled Al Fawwaz re: 1305 MOTION for Letters Rogatory to the United Kingdom for Testimony of MI5 officers.. (O'Connor, Barbara) (Entered: 09/15/2013) 09/16/2013 1307 LETTER by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Zoe Dolan dated September 16, 2013 re: Notice Of Intent To Disclose Classified Information (Dolan, Zoe) (Entered: 09/16/2013) 09/16/2013 1308 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from John P. Cronan and Michael Ferrara dated 9/16/2013 re: The Government is optimistic that this authorization will be secured within a week, and thus respectfully requests that the Court set September 23, 2013 as the deadline for the Government's opposition. Stanley Cohen, Esq., attorney for the defendant, consents to this proposed schedule. ENDORSEMENT: Approved. (Government Opposition due by 9/23/2013) (Signed by Judge Lewis A. Kaplan on 9/16/2013)(jw) (Entered: 09/17/2013) 09/17/2013 As to Sulaiman Abu Ghayth: Suppression Hearing set for 9/23/2013 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 9/17/2013)(ajc) (Entered: 09/19/2013) 09/17/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Sulaiman Abu Ghayth held on 9/17/2013. Classified conference held in chambers. Defendant Sulaiman Abu Ghaythnot present but attorney Zoe Dolan present. Attorneys Mike Ferrara andJohn Cronan present. Court reporter Carol Ganley present. Conferenceduration was 15 minutes. Kaplan, J. (ajc) (Entered: 09/19/2013) 09/17/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Suppression Hearing as to Sulaiman Abu Ghayth held on 9/17/2013. Suppression Hearing with sworn witnesses begun and continued. DefendantSulaiman Abu Ghayth present with attorneys Stanely Lewis Cohen, Sarah Hogarth,Geoffrey St. Andrew Stewart, and Zoe Dolan. Arabic interpreters Fouad Elshiekhand Marwan Abdel-Rahman present. AUSA Michael Ferrara and John Cronanpresent. Court reporter Carol Ganley present. Suppression hearing as scheduled by the 8/13/13 Order (DI No. 1278) begun and continued to Monday, 9/23/13. Defendant remained remanded. Hearing duration was 7 hours. Kaplan, J. (ajc) (Entered: 10/02/2013) 09/18/2013 1309 ENDORSED LETTER as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 9/17/2013 re: The Government writes, with the consent of all parties, to respectfully request an extension of time until October 2, 2013 for both the Government and the defense to respond to the pending motions to take depositions pursuant to Federal Rule of Criminal Procedure 15. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/18/2013)(dnd) (Entered: 09/18/2013) 09/18/2013 As to Khaled Al Fawwaz, Adel Abdel Bary: Suppression Hearing set for 9/18/2013 at https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 295/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 09:30 AM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 9/4/2013) (ajc) (Entered: 09/19/2013) 09/18/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Suppression Hearing as to Khaled Al Fawwaz, Adel Abdel Bary held on 9/18/2013. Suppression hearing held regarding DI #1172. Defendant Fawwaz present withattorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor. DefendantAbdel Bary present with attorneys Andrew G. Patel, Linda Moreno, and LaurenKessler. AUSAs Sean Buckley, Stephen Richin, and Adam Fee present. Courtreporter Carol Ganley present. Arabic interpreters M. Abdel- Rahman and F.Elshiekh present and sworn. Courts decision reserved. (ajc) (Entered: 10/02/2013) 09/19/2013 1310 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/19/2013) 09/19/2013 1311 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz, Adel Abdel Bary re: Hearing held on 9/4/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/15/2013. Redacted Transcript Deadline set for 10/24/2013. Release of Transcript Restriction set for 12/23/2013. (Rodriguez, Somari) (Entered: 09/19/2013) 09/19/2013 1312 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Hearing proceeding held on 9/4/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 09/19/2013) 09/23/2013 1313 MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1293 MOTION to Suppress Out of Court Identification and Preclude In Court Identification.. (Cronan, John) (Entered: 09/23/2013) 09/23/2013 1314 DECLARATION of John P. Cronan in Opposition by United States of America as to Sulaiman Abu Ghayth re: 1293 MOTION to Suppress Out of Court Identification and Preclude In Court Identification.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Cronan, John) (Entered: 09/23/2013) 09/23/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Suppression Hearing as to Sulaiman Abu Ghayth held on 9/23/2013. Suppression hearing continued from 9/17/13. Defendant Sulaiman Abu Ghaythpresent with attorneys Stanley L. Cohen, Geoffrey St. Andrew Stewart, and ZoeDolan. AUSAs Michael Ferrara and John P. Cronan present. Court reporter CarolGanley present. Arabic interpreters Fouad Elshiekh and Noureddine Charif present and sworn. (ajc) (Entered: 10/02/2013) 09/24/2013 1315 PROTECTIVE ORDER WITH RESPECT TO CERTAIN DISCOVERY as to Sulaiman Abu Ghayth...regarding procedures to be followed that shall govern the handling of confidential material.... SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/24/2013) (dnd) (Entered: 09/24/2013) 09/24/2013 1316 ORDER: As to Sulaiman Abu Ghayth. The government has made a classified motion for leave to file Exhibits D and F to its opposition to defendant's motion to suppress under seal. Defendant does not object. Accordingly, the government's motion is granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/24/2013)(dnd) (Entered: 09/24/2013) 09/24/2013 1317 MEMORANDUM AND ORDER: As to Khaled Al Fawwaz, Adel Abdel Bary. The Government moves, ex parte, for a protective order pursuant to the ClassifiedInformation Procedures Act ("CIPA"), 18 U.S.C. App. 3 § 4, and Rule 16(d)(l) of the Federal Rules of Criminal Procedure, regarding disclosure of certain classified information in government's possession. The government seeks a determination that the materials are not discoverable by the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963), or Fed. R. Crim. P. 16, and are not "relevant and helpful" under United States v. Aref, 533 F.3d 72, 78 (2d Cir. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 296/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 2008)... As classified materials are involved here, the motion for a protective order and all papers submitted in connection therewith, and the transcript from the ex parte conferences with this Court shall be filed under seal with and maintained by the Court's Classified Information security Officer designated in accordance with CIPA and the Security Procedures Established Pursuant to Pub. L. No. 96-456 by the Chief Justice of the United States. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/24/2013)(dnd) (Entered: 09/24/2013) 09/24/2013 1318 PROTECTIVE ORDER WITH RESPECT TO CERTAIN DISCOVERY: As to Khaled Al Fawwaz, Adel Abdel Bary...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lewis A. Kaplan on 9/24/2013)(dnd) (Entered: 09/24/2013) 09/24/2013 1319 ENDORSED LETTER as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated 9/20/2013 re: Requests an enlargement of time in which to file CIPA motions. The additional time is needed because computer malfunction corrupted the draft motion and because the defense is awaiting receipt of material that was identified but not included in the initial production. Counsel for co- defendant Bary joins this application. All parties stipulate to the following: Defense CIPA Section 5 motions are due by October 4, 2013. Said two-week enlargement shall apply equally to the deadline for the Government's response/Section 6. If the government is unable to produce the missing material in time for the October 4th filing, the defense may seek additional time to file or request time file a supplemental motion..ENDORSEMENT: SO ORDERED. Granted. (Signed by Judge Lewis A. Kaplan on 9/24/2013)(jw) (Entered: 09/24/2013) 09/24/2013 As to Sulaiman Abu Ghayth: Suppression Hearing set for 10/8/2013 at 09:30 AM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 9/24/2013)(ajc) (Entered: 09/27/2013) 09/24/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Suppression Hearing as to Sulaiman Abu Ghayth held on 9/24/2013. Suppression hearing continued from 9/23/13. Defendant Sulaiman Abu Ghaythpresent with attorneys Stanley L. Cohen, Geoffrey St. Andrew Stewart, and ZoeDolan. AUSAs Michael Ferrara and John P. Cronan present. Court reporter CarolGanley present. Arabic interpreters Fouad Elshiekh and Noureddine Charif present. Hearing to resume on 10/8/13 at 9:30am. (ajc) (Entered: 10/02/2013) 09/26/2013 1320 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/26/2013) 09/26/2013 1321 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/26/2013) 09/26/2013 1322 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/26/2013) 09/26/2013 1323 MEMORANDUM in Support by Khaled Al Fawwaz re 1305 MOTION for Letters Rogatory to the United Kingdom for Testimony of MI5 officers.. (Attachments: # 1 Text of Proposed Order Amended Proposed Order)(Sternheim, Bobbi) (Entered: 09/26/2013) 09/26/2013 1324 AFFIDAVIT of David V. Kirby in Support as to Khaled Al Fawwaz re 1305 MOTION for Letters Rogatory to the United Kingdom for Testimony of MI5 officers.. Amended Affidavit (Sternheim, Bobbi) (Entered: 09/26/2013) 09/26/2013 1325 AMENDED MOTION for Letters Rogatory to the United Kingdom and Rule 15 Depositions. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Text of Proposed Order for Letters Rogatory to the United Kingdom, # 2 Text of Proposed Order for Letters Rogatory to the United Kingdom and Rule 15 Depositions)(Sternheim, Bobbi) (Entered: 09/26/2013) 09/26/2013 1326 AMENDED MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 Deposition. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Text of Proposed Order for Letters Rogatory to the United Arab Emirates)(Sternheim, Bobbi) (Entered: 09/26/2013) 09/26/2013 1327 DECLARATION of David V. Kirby in Support as to Khaled Al Fawwaz re: 1326 AMENDED MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 297/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Deposition., 1325 AMENDED MOTION for Letters Rogatory to the United Kingdom and Rule 15 Depositions.. (Sternheim, Bobbi) (Entered: 09/26/2013) 09/26/2013 1328 MOTION for Substitution of Proposed Order for Letters Rogatory to the United Kingdom. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Text of Proposed Order for Letters Rogatory to the United Kingdom)(Sternheim, Bobbi) (Entered: 09/26/2013) 09/27/2013 1329 LETTER by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Zoe Dolan dated September 27, 2013 re: Advising The Court Of Anticipated Presumptively Classified Submission Concerning Defense Expert (Attachments: # 1 Exhibit A)(Dolan, Zoe) (Entered: 09/27/2013) 10/01/2013 1330 LETTER by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Zoe Dolan dated October 1, 2013 re: Defense Expert Report (Dolan, Zoe) (Entered: 10/01/2013) 10/02/2013 1331 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/02/2013) 10/02/2013 1332 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/02/2013) 10/02/2013 1333 ENDORSED LETTER as to (98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Attorney Stanley L. Cohen dated October 1, 2013 re: Counsel for the defense writes the Court to make application for leave to submit a brief in excess of the page limit specified in Your Honor's motion rules. The Defendant's memorandum in Reply to the Government's submission in opposition to Defendant's Motion to Suppress Out-of- Court Identification and Preclude In-Court Identification is approximately twenty-four pages in length, at this writing. Counsel seeks leave of the Court to submit Reply brief enlarged beyond the limit set by the Court, with a memorandum not to exceed twenty-four pages in length. ENDORSEMENT: Granted to extent that reply brief not exceed 20 pages. So Ordered. (Signed by Judge Lewis A. Kaplan on 10/2/2013)(bw) (Entered: 10/02/2013) 10/02/2013 1334 MEMORANDUM in Opposition by United States of America as to Khaled Al Fawwaz and Adel Abdel Bary re 1296 MOTION to Take Deposition., 1301 MOTION to Take Depositions Pursuant to Rule 15., 1326 AMENDED MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 Deposition., 1325 AMENDED MOTION for Letters Rogatory to the United Kingdom and Rule 15 Depositions.. (Buckley, Sean) Modified on 10/24/2013 (Mohan, Andrew). (Entered: 10/02/2013) 10/02/2013 1337 AMENDED LETTERS ROGATORY TO COURTS OF THE UNITED KINGDOM. As to Khaled Al Fawwaz. The District Court for the Southern District of New York, Judge Lewis R. Kaplan presiding, presents its greetings to the Central Authority of the United Kingdom and to the appropriate Court of the United Kingdom and asks assistance in executing this Letters Rogatory to the extent permissible under law... (dnd) (Entered: 10/03/2013) 10/03/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Sulaiman Abu Ghayth held on 10/3/2013. Classified conference held. Defendant Sulaiman Abu Ghayth not present butattorney Zoe Dolan present. AUSAs Michael Ferrara and Nicholas J. Lewin present.Court reporter Carol Ganley present. Kaplan, J. (ajc) (Entered: 10/03/2013) 10/03/2013 1335 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Hearing held on 9/17/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2013. Redacted Transcript Deadline set for 11/7/2013. Release of Transcript Restriction set for 1/4/2014. (Rodriguez, Somari) (Entered: 10/03/2013) 10/03/2013 1336 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Hearing proceeding held on 9/17/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 10/03/2013) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 298/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 10/03/2013 1338 LETTER by United States of America as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from John P. Cronan dated 9/30/2013 re: The Government respectfully writes to set forth its position that the Court should (1) give little or no weight to defendant Sulaiman Abu Ghayth's affidavit in support of his motion to suppress statements he made to U.S. law enforcement on February 28 and March 1, 2013; and (2) preclude expert testimony regarding the voluntariness of Abu Ghayth's Miranda waiver and/or statement to U.S. law enforcement. Document filed by United States of America. (dnd) (Entered: 10/03/2013) 10/03/2013 1339 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Continue Expert Schedule. Document filed by Sulaiman Abu Ghayth. (Dolan, Zoe) Modified on 10/4/2013 (ka). (Entered: 10/03/2013) 10/03/2013 1340 REPLY MEMORANDUM OF LAW in Support as to Sulaiman Abu Ghayth re: 1293 MOTION to Suppress Out of Court Identification and Preclude In Court Identification.. (Cohen, Stanley) (Entered: 10/03/2013) 10/04/2013 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Zoe Jayde Dolan as to Sulaiman Abu Ghayth: to RE-FILE Document 1339 MOTION to Continue Expert Schedule.. Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 10/04/2013) 10/04/2013 1341 LETTER MOTION addressed to Judge Lewis A. Kaplan from Zoe Dolan dated October 3, 2013 re: For Continuance Of Expert Schedule. Document filed by Sulaiman Abu Ghayth. (Dolan, Zoe) (Entered: 10/04/2013) 10/04/2013 1342 ORDER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. Defendant Sulaiman Abu Ghayth has requested a one-week adjournment of the final installment of the hearing on his motion to suppress, at which an expert witness is scheduled to testify. He requests also a six-day extension of time to file the expert report, citing the government shutdown and the expert's inability to access certain classified discovery until Monday. Defendant's request is denied. The expert will file his report as scheduled on Saturday, October 5, albeit without benefit of the classified material, and the hearing will resume on Tuesday, October 8. The defense will offer all of its remaining evidence on Tuesday, including any evidence based on classified discovery. Should the government feel aggrieved by the lack of a complete expert report in advance of the hearing, it may seek whatever relief it thinks appropriate. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/4/2013)(bw) (Entered: 10/04/2013) 10/04/2013 1343 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Protective Order Modification, Requests for Information, and Enlargement of Time to File CIPA motions. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Affidavit Attorney Declaration) (Sternheim, Bobbi) Modified on 10/7/2013 (ka). (Entered: 10/04/2013) 10/04/2013 1344 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by Khaled Al Fawwaz re 1343 MOTION for Protective Order Modification, Requests for Information, and Enlargement of Time to File CIPA motions.. (Sternheim, Bobbi) Modified on 10/7/2013 (ka). (Entered: 10/04/2013) 10/07/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1343 MOTION for Protective Order Modification, Requests for Information, and Enlargement of Time to File CIPA motions. ERROR(S): Filing Error of Attachment #1. Supporting Declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents. (ka) (Entered: 10/07/2013) 10/07/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1344 Memorandum in Support of Motion. ERROR(S): Link to incorrect filing of document#1343. (ka) (Entered: 10/07/2013) 10/07/2013 1345 NOTICE of Change of Address as to Sulaiman Abu Ghayth. New Address: Geoffrey St. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 299/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Andrew Stewart, 139 Fulton Street, Suite 508, New York, New York, USA 10038, 212- 625-9696. (Stewart, Geoffrey) (Entered: 10/07/2013) 10/08/2013 1346 ENDORSED LETTER as to Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew G. Patel dated 10/4/2013 re: Defense counsel respectfully submits this letter to request a one week adjournment to make CIPA submissions on behalf of Adel Abdel Bary. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/8/2013)(dnd) (Entered: 10/08/2013) 10/08/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Suppression Hearing as to Sulaiman Abu Ghayth held on 10/8/2013. Suppression hearing continued from 9/24/13 and concluded. Defendant SulaimanAbu Ghayth present with attorneys Stanley L. Cohen, Geoffrey St. Andrew Stewart,and Zoe Dolan. AUSAs Michael Ferrara and John P. Cronan present. Court reporter Carol Ganley present. Arabic interpreters Fouad Elshiekh and Marwan Abdel-Rahman present. Courts decision reserved. Kaplan, J. (ajc) Modified on 11/6/2013 (ajc). (Entered: 10/09/2013) 10/10/2013 1347 LETTER from David E. Patton, Federal Defenders, addressed to Judge Lewis A. Kaplan dated 10/08/2013 re: Requesting the Court to appoint Federal Defenders of New York to represent Mr. Al Liby to assert any rights that Mr. Al Liby may have with respect to his current detenction and the Governmen's decision not to produce him for an initial appearance in this case. (Mohan, Andrew) (Main Document 1347 replaced on 10/10/2013) (Mohan, Andrew). (Entered: 10/10/2013) 10/10/2013 1348 LETTER addressed to Judge Lewis A. Kaplan from AUSA Nicholas J. Lewin dated 10/08/2013 re: In response to the 10/8/2013 letter of Mr. Patton.(Mohan, Andrew) (Entered: 10/10/2013) 10/10/2013 1349 LETTER by David E. Patton, Federal Defenders, to Judge Lewis A. Kaplan dated 10/08/2013 re: In ressponse to the Government's 10/8/2013 letter objecting to the appointment of counsel for Anas Al Liby.(Mohan, Andrew) (Entered: 10/10/2013) 10/10/2013 1350 LETTER by United States of America as to Anas Al Liby addressed to Judge Lewis A. Kaplan from Nicholas J. Lewin, AUSA, dated 10/9/2013 re: The Government writes in response to David E. Patton's second letter dated 10/8/2013. Document filed by United States of America.(Mohan, Andrew) (Entered: 10/10/2013) 10/10/2013 1351 LETTER by David E. Patton, Federal Defenders of New York, dated 10/9/2013 re: In response to the Government's second letter objecting to the appointment of counsel for Anas Al Liby. (Mohan, Andrew) (Entered: 10/10/2013) 10/10/2013 1352 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Hearing held on 9/23/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2013. Redacted Transcript Deadline set for 11/15/2013. Release of Transcript Restriction set for 1/11/2014. (Rodriguez, Somari) (Entered: 10/10/2013) 10/10/2013 1353 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Hearing proceeding held on 9/23/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 10/10/2013) 10/10/2013 1354 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Hearing held on 9/24/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2013. Redacted

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 300/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Transcript Deadline set for 11/15/2013. Release of Transcript Restriction set for 1/11/2014. (Rodriguez, Somari) (Entered: 10/10/2013) 10/10/2013 1355 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Hearing proceeding held on 9/24/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 10/10/2013) 10/11/2013 1356 MEMORANDUM AND ORDER as to Anas Al Liby. This matter is before the Court on an application by David E. Patton to appoint an attorney for the defendant. The defendant is charged in the superseding indictment with, among other offenses, conspiracy to kill United States nationals and conspiracy to kill officers and employees of the United States at the U.S. embassies in Nairobi, Kenya, and Dares Salaam, Tanzania, which were bombed in 1998 with great loss of life and other casualties. He long was a fugitive... According to press reports and a statement issued by the Secretary of Defense, the defendant was apprehended last weekend in Libya in operations by U.S. military personnel. At least one press source has reported that the defendant is being held on a naval vessel in the Mediterranean. Mr. Patton relies on Fed. R. Crim. P. S(a)(l)(B), which provides that: "A person making an arrest outside the United States must take the defendant without unnecessary delay before a magistrate judge, unless a statute provides otherwise." The United States Attorney's office opposes the application. It contends that the motion is premature because the Criminal Justice Act, which governs the appointment of counsel for indigent defendants in federal courts, "does not countenance appointment of counsel prior to adefendant's appearance in a United States federal court. Counsel should not be appointed, it argues, unless and until the defendant appears in federal court and supplies appropriate proof of indigency, which usually is done by financial affidavit... The Court is mindful of the fact that Mr. Patton's concerns may include the legality of the defendant's current detention, assuming that he is not detained pursuant to an arrest on this indictment. But such questions are not properly cognizable under Fed. R. Crim. P. 5. The Court therefore expresses no view with respect to the existence or nature of other means of raising such concerns. Mr. Patton's application is denied without prejudice to renewal upon the presentation of the defendant before this Court and his furnishing of appropriate proof of indigency. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/11/2013)(dnd) (Entered: 10/11/2013) 10/11/2013 1357 NOTICE of CIPA 5 as to Adel Abdel Bary (Patel, Andrew) (Entered: 10/11/2013) 10/11/2013 1358 NOTICE of Intent to Disclose Classified Material as to Khaled Al Fawwaz (Sternheim, Bobbi) (Entered: 10/11/2013) 10/15/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Initial Appearance as to Anas Al Liby held on 10/15/2013. (ajc) (Entered: 10/15/2013) 10/15/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Arraignment as to Anas Al Liby (21) Count 1s,2s,3s,4s,5s,6s,7s-8s,9s,10s,11s-234s,235s-279s,280s- 283s,284s,285s-286s,287s-305s, 306s-308s held on 10/15/2013. Presentment and arraignment held. Defendant Anas al-Liby present with attorneys David Patton and Sabrina Shroff. AUSAs Sean Buckley and Nicholas Lewis present. Arabic interpreter Marwan Abdel-Rahman present and sworn. Court reporter Tara Jones present. Financial affidavit submitted and approved. Federal Defenders appointed to represent the defendant until CJA counsel is appointed. Defendant entered a plea of Not Guilty. Defendant was ordered detained. The next conference will be held on 10/22/13 at 4:30pm. Time from today through 10/22/13 is excluded in the interests of justice. Hearing duration was 20 minutes. Kaplan, J. (ajc) (Entered: 10/15/2013) 10/15/2013 ORAL ORDER as to Anas Al Liby: Time excluded from 10/15/2013 until 10/22/2013. As to Anas Al Liby( Status Conference set for 10/22/2013 at 04:30 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 10/15/2013)(ajc) (Entered: 10/15/2013) 10/15/2013 1359 Medical Attention Form as to Anas Al Liby. (jw) (Entered: 10/15/2013) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 301/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

10/15/2013 1360 CJA 23 Financial Affidavit by Anas Al Liby. (Signed by Judge Judge Lewis A. Kaplan) Attorney David Patton and Sabrina Shroff. (jw) (Entered: 10/15/2013) 10/15/2013 Attorney update in case as to Anas Al Liby (A/k/A Nazih al Raghie) Attorney David E. Patton, Sabrina P. Shroff for Anas Al Liby added. (jw) (Entered: 10/15/2013) 10/17/2013 1361 ENDORSED LETTER as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from David V. Kirby dated 10/10/2013 re: Defense counsel write to request an extension of time to file a Reply Memorandum concerning the Motions for Letters Rogatory and Rule 15 Depositions which we submitted in this case. The government does not oppose this request.ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/17/2013)(dnd) (Entered: 10/17/2013) 10/17/2013 Set/Reset Deadlines as to Khaled Al Fawwaz, Adel Abdel Bary: Reply in Support of Motions due by 10/25/2013. (dnd) (Entered: 10/17/2013) 10/22/2013 1362 NOTICE OF ATTORNEY APPEARANCE: Bernard V. Kleinman appearing for Anas Al Liby. Appearance Type: Retained. (Kleinman, Bernard) (Entered: 10/22/2013) 10/22/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Pretrial Conference as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary held on 10/22/2013. Defendant Fawwaz (15) not present but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor were present. Defendant Bary (17) not present but attorney Andrew G. Patel was present. Defendant Anas al-Liby (21) present with attorneys Sabrina Shroff, David Patton, Russell T. Neufeld, and Bernard V. Kleinman. Arabic interpreter Marwan Abdel Rahman present. AUSAs Sean Buckley and Nicholas Lewin present. Court reporter Tara Jones present. Federal Defenders Sabrina Shroff and David Patton were relieved as counsel in light of attorney Bernard V. Kleinmans appearance. * Unclassified discovery to be completed by 12/1/13. * The parties shall report on CIPA schedules by 12/1/13.* Motions, except those arising out of classified discovery, shall be filed by 5/1/14. * Further pretrial matters concerning defendants Al Fawwaz (15), Abdel Bary (17), and al-Liby (21) are consolidated. * The next conference will be held on 12/12/2013 at 10:30am. * Time from today through 12/12/13 is excluded from speedy trial calculations in the interests of justice. (dnd) (Entered: 10/24/2013) 10/22/2013 Attorney update in case as to Anas Al Liby. Attorney David E. Patton and Sabrina P. Shroff terminated (dnd) (Entered: 10/24/2013) 10/23/2013 1363 MEMORANDUM OPINION: #103718 as to (S7-98-Cr-1023-17) Adel Abdel Bary re: 1172 MOTION to Dismiss, filed by Adel Abdel Bary. Defendants Kahlid Al Fawwaz and Adel Abdel Bary were indicted in this Court in 2000 for, among other things, conspiring with Usama Bin Laden and others to kill Americans abroad by, among other means, bombing the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, bombings in which 224 people reportedly were killed and many more injured. This case is now before the Court on motions by defendant Abdel Bary to dismiss the indictment as violative of the First Amendment and to suppress statements he made to U.K. law enforcement in 1998....[See this Memorandum Opinion]... Conclusion: For the foregoing reasons, Abdel Bary's motions [DI 1172] are denied. The foregoing constitute the Court's findings of fact and conclusions of law. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/23/2013)(bw) Modified on 10/31/2013 (ca). (Entered: 10/23/2013) 10/23/2013 1364 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated 10/23/2013 re: Exclude Time. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 10/23/2013) 10/24/2013 1365 ORDER granting 1364 LETTER MOTION Exclude time. as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 10/24/2013) (Kaplan, Lewis) (Entered: 10/24/2013) 10/25/2013 1366 ENDORSED LETTER as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 10/25/2013 re: The Government respectfully writes to request extension of time until November 1, 2013, within which to respond to the defendants' pending motions pertaining to classified discovery. The current deadline to respond to the motions is October 25, 2013. This is the Government's first request for an https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 302/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 extension of time..ENDORSEMENT: Granted. SO ORDERED (Government Responses due by 11/1/2013) (Signed by Judge Lewis A. Kaplan on 10/25/2013)(jw) (Entered: 10/25/2013) 10/25/2013 1367 MEMO ENDORSEMENT as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth on re: 1364 CONSENT LETTER MOTION filed by United States of America, addressed to Judge Lewis A. Kaplan from AUSA Michael Ferrara dated 10/23/2013 re: Exclude Time. Requesting that the Court exclude from the Speedy Trial Act's operation the time between today and January 7, 2014 -- the date of the trial in this matter -- pursuant to 18 U.S.C. Section 3161(h)(7)(A). ENDORSEMENT: Granted for reasons stated. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/25/2013)(bw) (Entered: 10/25/2013) 10/25/2013 1368 PROTECTIVE ORDER PERTAINING TO UNCLASSIFIED INFORMATION: as to (98- Cr-1023-21) Anas Al Liby. UPON application of the Government, and with consent of the defense: WHEREAS, the defendant has certain rights under the United States Constitution, federal statutes, and the Federal Rules of Criminal Procedure, to pre-trial discovery; WHEREAS, the Government recognizes its obligation to provide such discovery materials to the defendant, consistent with national security concerns, the need to protect public safety, and the confidentiality of ongoing investigations; WHEREAS, the volume of discovery materials that the Government intends to provide to the defendant contains certain materials that, if disseminated to third parties, could, among other things, pose a threat to public safety and the national security and impede ongoing investigations; IT IS HEREBY ORDERED, pursuant to Federal Rule of Criminal Procedure 16 (d), that discovery materials provided by the Government to counsel of record shall not be further disseminated by the defendant or his respective counsel to any individuals, organizations or other entities, other than: (i) members of the defense team (co-counsel, paralegals, investigators, translators, litigation support personnel, the defendant, and secretarial staff); and (ii) defense expert(s}. Each of the individuals to whom disclosure of discovery materials is made shall be provided a copy of this Protective Order by counsel of record and will be advised by counsel of record that he or she shall not further disseminate the materials except by the express direction of counsel of record. In addition, counsel of record for the defendant or any defense investigator may show (but not provide copies of) discovery materials to witnesses or potential witnesses, if it is determined that it is necessary to do so for the purpose of preparing the defense of the case; IT IS FURTHER ORDERED that all such discovery materials are to be provided to the defense, and used by the defense, solely for the purpose of allowing the defendant to prepare his defense to the charges in the Indictment, and that none of the discovery materials produced by the Government to the defense shall be disseminated to any other third party not described in the preceding paragraphs; IT IS FURTHER ORDERED that nothing in this Order shall preclude the Government from seeking a further Protective Order pursuant to Section 3 of the Classified Information Procedures Act, 18 U.S.C. App. 3 § 3, to protect against disclosure in this case of any classified information disclosed by the Government; IT IS FURTHER ORDERED that nothing in this Order prohibits the media from requesting copies of any items that are received by the Court as public exhibits at a hearing, trial, or other proceeding; and FINALLY, IT IS ORDERED that nothing in this Order shall preclude the Government from seeking a further protective order pursuant to Rule 16(d) as to particular items of discovery material. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 10/25/2013)(bw) (Entered: 10/25/2013) 10/25/2013 1369 ENDORSED LETTER as to (S7-98-Cr-1023-17) Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Attorney David Kirby dated October 23, 2013 re: In light of recent events and our ongoing investigations, we respectfully request until November 4, 2013 to submit our reply memoranda concerning the Letters Rogatory and Rule 15 deposition applications. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 10/25/2013)(bw) (Entered: 10/25/2013) 11/01/2013 1370 ORDER as to Anas Al Liby. Having contemplated appointing Russell T. Neufeld as CJA counsel to defendant Anas AI Liby at the October 22, 2013 conference, the Court asked Mr. Neufeld to appear on that date. However, his appointment as CJA counsel was made unnecessary because of the appearance of retained counsel. Nonetheless, the CJA office is authorized to accept the CJA vouchers submitted by Mr. Neufeld for compensation for time https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 303/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 spent preparing for the October 22, 2013 conference. (Signed by Judge Lewis A. Kaplan on 10/31/2013)(jw) (Entered: 11/01/2013) 11/04/2013 1371 REPLY MEMORANDUM OF LAW in Support as to Khaled Al Fawwaz re: 1326 AMENDED MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 Deposition., 1325 AMENDED MOTION for Letters Rogatory to the United Kingdom and Rule 15 Depositions.. (Kirby, David) (Entered: 11/04/2013) 11/04/2013 1372 DECLARATION of Akhtar Raja in Support as to Khaled Al Fawwaz re: 1326 AMENDED MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 Deposition., 1325 AMENDED MOTION for Letters Rogatory to the United Kingdom and Rule 15 Depositions.. (Kirby, David) (Entered: 11/04/2013) 11/04/2013 1373 DECLARATION of David V. Kirby in Support as to Khaled Al Fawwaz re: 1326 AMENDED MOTION for Letters Rogatory to the United Arab Emirates and Rule 15 Deposition., 1325 AMENDED MOTION for Letters Rogatory to the United Kingdom and Rule 15 Depositions.. (Kirby, David) (Entered: 11/05/2013) 11/07/2013 1374 ENDORSED LETTER as to Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew Patel dated 11/4/2013 re: We respectfully request authorization to submit our reply as soon as we possibly can. I make this request with the consent of Assistant United States Attorney Sean Buckley..ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/7/2013)(jw) (Entered: 11/07/2013) 11/12/2013 1375 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/12/2013) 11/12/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Telephone Conference as to Sulaiman Abu Ghayth held on 11/12/2013. Phone conference held. Defendant Sulaiman Abu Ghayth did participate, but attorney Stanley Cohen participated. AUSAs Michael Ferrara and Nicholas J. Lewin participated. Court reporter Eve Giniger present. Trial adjourned to begin1/21/14. Kaplan, J. (ajc) (Entered: 11/15/2013) 11/12/2013 As to Sulaiman Abu Ghayth: Jury Trial adjourned to begin 1/21/2014 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 11/12/2013)(ajc) (Entered: 11/15/2013) 11/13/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Sulaiman Abu Ghayth held on 11/13/2013. Phone conference held. Defendant Sulaiman Abu Ghayth did participate, but attorneys Stanley Cohen and Zoe Dolan participated. AUSAs Michael Ferrara, John Cronin and Nicholas J. Lewin present. Court reporter Tara Jones present. Kaplan, J. (ajc) (Entered: 11/18/2013) 11/14/2013 1376 TRANSCRIPT of Proceedings as to Anas Al Liby re: Conference held on 10/15/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Tara Jones, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/9/2013. Redacted Transcript Deadline set for 12/19/2013. Release of Transcript Restriction set for 2/18/2014. (Rodriguez, Somari) (Entered: 11/14/2013) 11/14/2013 1377 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby. Notice is hereby given that an official transcript of a Conference proceeding held on 10/15/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 11/14/2013) 11/15/2013 1378 ENDORSED LETTER: As to Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated 11/14/2013 re: With the consent of the government, I write to request an enlargement of time to reply to the government's opposition to the motion with respect to classified discovery filed on behalf of Khalid Al Fawwaz on October 10,2013. Co-counsel David V. Kirby and Barbara E. O'Connor are out of district until November 21st and unable to confer with me in the SCIF regarding our https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 304/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 reply.ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/15/2013)(dnd) (Entered: 11/15/2013) 11/26/2013 1379 TRANSCRIPT of Proceedings as to Anas Al Liby re: Conference held on 10/22/2013 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Tara Jones, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2013. Redacted Transcript Deadline set for 12/30/2013. Release of Transcript Restriction set for 2/27/2014. (McGuirk, Kelly) (Entered: 11/26/2013) 11/26/2013 1380 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby. Notice is hereby given that an official transcript of a Conference proceeding held on 10/22/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/26/2013) 11/26/2013 1381 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Hearing held on 10/8/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2013. Redacted Transcript Deadline set for 12/30/2013. Release of Transcript Restriction set for 2/27/2014. (McGuirk, Kelly) (Entered: 11/26/2013) 11/26/2013 1382 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Hearing proceeding held on 10/8/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/26/2013) 11/26/2013 1383 ORDER: Defendant Sulaiman Abu Ghayth moves to dismiss the indictment against him,suppress various post-arrest statements, strike certain "prejudicial surplusage" from the indictment, receive additional discovery under Rule 16 and United States v. Brady, and for a bill of particulars. The portion of Abu Ghayth's motion seeking suppression of his post- arrest statements is addressedin a memorandum opinion of even date. The balance of his motion is addressed in this Order... Defendant's motions [DI 1263, DI 1272] are denied in all respects for the reasons set forth in this Order and in the memorandum opinion of even date. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/26/2013) (dnd) (Entered: 11/26/2013) 11/26/2013 1384 MEMORANDUM & OPINION: # 103782 As to Sulaiman Abu Ghayth. re: Sulaiman Abu Ghayth (Abu Ghayth), reputedly a son-in-law of Usama bin Laden, stands indicted for conspiring to kill Americans in violation of 18 U.S.C. § 2332(b). The matter isbefore the Court on defendants motion to suppress custodial statements made by him during a flight from Country X, where he was taken into federal custody, to New York. He contends that he was not given Miranda warnings, did not knowingly waive the rights of which those warnings advise, and that his statements in any case were not voluntary. These are the Courts findings and conclusions after a lengthy evidentiary hearing... For the foregoing reasons, the defendants omnibus motion [DI 1263] is denied with respect to his motion to suppress. The balance of the motion is denied in an Order of even date. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/26/2013)(dnd) Modified on 12/3/2013 (ca). (Entered: 11/26/2013) 11/26/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Sulaiman Abu Ghayth held on 11/26/2013. Defendant Abu Ghayth did not participate, but attorney Zoe Dolan participated. AUSAs Michael Ferrara, Nicholas J. Lewin, and Johan Cronan participated. Court reporter present. Trial start date adjourned to 2/3/14. Jury https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 305/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Department to administer questionnaires to the jury panel on 1/23/14. Counsel to return a list of jurors agreed by both sides to be excused by 1/29/14. Time from today through 2/3/14 is excluded from speedy trial calculations in the interests of justice. (jbo) (Entered: 12/02/2013) 11/27/2013 1385 LETTER by United States of America as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from John P. Cronan, Assistant United States Attorney dated 11/27/2013 re: The Government's Intent To Move For An Anonymous Jury Document filed by United States of America. (Cronan, John) (Entered: 11/27/2013) 12/01/2013 1386 FIRST LETTER by Anas Al Liby addressed to Judge Lewis A. Kaplan from BERNARD V KLEINMAN, ESQ. dated 01 DECEMBER 2013 re: Consolidation of Trial (Kleinman, Bernard) (Entered: 12/01/2013) 12/02/2013 1387 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Support by Khaled Al Fawwaz re 1343 MOTION for Protective Order Modification, Requests for Information, and Enlargement of Time to File CIPA motions.. Reply to Government's Opposition to Modification of the Protective Order (Sternheim, Bobbi) Modified on 12/3/2013 (ka). (Entered: 12/02/2013) 12/02/2013 1388 ORDER as to Sulaiman Abu Ghayth. The trial is adjourned from January 21, 2014 to February 3, 2014. (Signed by Judge Lewis A. Kaplan on 12/2/2013)(jw) (Entered: 12/03/2013) 12/03/2013 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1387 Memorandum in Support of Motion. Use the document type Reply Memorandum of Law in Opposition(non-motion) found under the document list Other Documents. (ka) (Entered: 12/03/2013) 12/04/2013 1389 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Anonymous Jury. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) Modified on 12/5/2013 (ka). (Entered: 12/04/2013) 12/05/2013 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Michael Ferrara as to Sulaiman Abu Ghayth: to RE-FILE Document 1389 MOTION for Anonymous Jury. Use the document type Memorandum in Support of Motion found under the document list Replies, Opposition and Supporting Documents.***NOTE: First file Motion for Anonymous Jury, then re-file and link supporting Memorandum. (ka) (Entered: 12/05/2013) 12/05/2013 1390 MOTION for Anonymous Jury. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 12/05/2013) 12/05/2013 1391 MEMORANDUM in Support by United States of America as to Sulaiman Abu Ghayth re 1390 MOTION for Anonymous Jury.. (Ferrara, Michael) (Entered: 12/05/2013) 12/09/2013 1392 ENDORSED LETTER: as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Stanley L. Cohen, Esq. dated 12/4/2013 re: The undersigned returned to New York this week, from overseas travel on the Abu Ghaythmatter, to find the Government's letter of 27 November indicating its intention to make a formal application for an anonymous jury and partial sequestration.Please be advised that the Defendant intends to oppose such application; accordingly, counsel respectfully requests that the Court issue a briefing schedule order as to this issue. ENDORSEMENT: Defendant's opposition shall be filed on or before 12/17/2013. The government's reply shall be filed on or before 12/20/2013. Argument to be held 12/23/2013 at 10:00 a.m. (Signed by Judge Lewis A. Kaplan on 12/9/2013)(dnd) (Entered: 12/09/2013) 12/10/2013 1393 ENDORSED LETTER as to Anas Al Liby addressed to Judge Lewis A. Kaplan from Nicholas J. Lewin and Sean S. Buckley dated 11/29/2013 re: The Government respectfully request that the Court set a deadline of May 5, 2014. ENDORSEMENT: Granted. SO ORDERED (Government Responses due by 5/5/2014) (Signed by Judge Lewis A. Kaplan on 12/9/2013)(jw) (Entered: 12/10/2013) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 306/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 12/11/2013 1394 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION for Extension of Time to File Proposed Jury Questionnaire modifications. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) Modified on 12/11/2013 (ka). (Entered: 12/11/2013) 12/11/2013 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Stanley Lewis Cohen as to Sulaiman Abu Ghayth: to RE-FILE Document 1394 JOINT MOTION for Extension of Time to File Proposed Jury Questionnaire modifications. Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 12/11/2013) 12/11/2013 1395 JOINT LETTER MOTION addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 11 December 2013 re: Extension of time in which to file Jury Questionnaire modifications. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 12/11/2013) 12/11/2013 1396 MOTION to Take Deposition from Salim Ahmed Hamdan pursuant to Rule 15. Document filed by Sulaiman Abu Ghayth. (Attachments: # 1 Text of Proposed Order Granting Rule 15 Motion, # 2 Proposed Letter Rogatory to Yemeni Authorities)(Cohen, Stanley) (Entered: 12/11/2013) 12/11/2013 1397 DECLARATION of Stanley L. Cohen in Support as to Sulaiman Abu Ghayth re: 1396 MOTION to Take Deposition from Salim Ahmed Hamdan pursuant to Rule 15.. (Attachments: # 1 Exhibit in Support of Declaration)(Cohen, Stanley) (Entered: 12/11/2013) 12/11/2013 1398 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1396 MOTION to Take Deposition from Salim Ahmed Hamdan pursuant to Rule 15.. (Cohen, Stanley) (Entered: 12/11/2013) 12/12/2013 1399 MEMO ENDORSEMENT granting 1395 LETTER MOTION To request an extension of time for both parties to submit to Your Honor our respective positions on the proposed jury questionnaire as to Sulaiman Abu Ghayth (26)...ENDORSEMENT..Time excluded to and including 12/20/13. (Signed by Judge Lewis A. Kaplan on 12/12/2013) (jw) (Main Document 1399 replaced on 12/12/2013) (Mohan, Andrew). (Entered: 12/12/2013) 12/12/2013 1400 ORDER as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. This matter is before the Court on an application by the government to try jointly underFederal Rule of Criminal Procedure 13 Anas AI Liby with Khalid AI Fawwaz and Adel Abdel Bary. The Court previously denied a motion to sever the trials of the latter two defendants [DI 1243]. The Court finds now that "all offenses and all defendants could have been joined in a single indictment or information" and that these defendants shall be tried together, albeit on their respective indictments. The trial will commence November 3, 2014. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/12/2013)(dnd) (Entered: 12/12/2013) 12/12/2013 1401 LETTER by United States of America as to Khaled Al Fawwaz, Adel Abdel Bary, Anas Al Liby addressed to Judge Lewis A. Kaplan from Stephen]. Ritchin dated 12/9/2013 re: The Government writes to respond to the arguments of Khalid al Fawwaz, Adel Abdel Bary and Anas al Liby that the trial of al Liby should not be conducted together with.the trial of Fawwaz and Bary. Document filed by United States of America... (dnd) (Entered: 12/12/2013) 12/12/2013 1402 LETTER by Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew G. Patel dated 12/2/2013 re: as to Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew G. Patel dated 12/2/2013 re: This letter is submitted on behalf of defendant Adel Abdel Bary ("Bary") in opposition to the government's application for joinder of Nazih Abdul Hamid Al-Ruquai aka Anas Al Liby ("Al Liby")(SI0 98 Cr. 1023) for a joint trial of all three defendants: Bary, Al Fawwaz and Al Liby. For the reasons discussed below, joinder will be extraordinarily prejudicial and will unduly violate Mr. Bary's right to a fair trial. Hence, it is in the interests of justice not to join Al Liby in the trial of the co- defendants Bary and Al Fawwaz. (dnd) (Entered: 12/12/2013) 12/12/2013 1403 LETTER by United States of America as to Anas Al Liby addressed to Judge Lewis A. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 307/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Kaplan from Sean S. Buckley dated 10/21/2013 re: In advance of tomorrow's conference the Government writes to set forth its view that Anas al Liby, Khalid al Fawwaz, and Adel Abdel Bary each of whom is charged in 98 Cr. 1023 (LAK) should be tried together, in a joint trial... Document filed by United States of America. (dnd) (Entered: 12/12/2013) 12/12/2013 1404 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated 12/2/2013 re: This letter is submitted on behalf of Khalid Al Fawwaz in opposition to the government's application for joinder of Nazih Abdul Hamid Al-Ruquai aka Anas Al Liby ("Al Liby")(S10 98 Cr. 1023) to the pending case and for a joint trial with Mr. Al Fawwaz and his co-defendant, Adel Abdel Bary... (dnd) (Entered: 12/12/2013) 12/12/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary held on 12/12/2013. Defendant Khaled Al Fawwaz (15) present with attorneys Bobbi C. Sternheim and David Vance Kirby. Defendant Adel Abdel Bary (17) present with attorneys Andrew G. Patel, Lauren S. Kessler, and Linda Moreno. Defendant Anas Al Liby (21) present with attorney Bernard V. Kleinman. AUSAs Sean S. Buckley, Nicholas J. Lewin, and Stephen J. Richin. Court reporter Tara Jones present. Arabic interpreter Marwan Abdel-Rahman present. Concerning defendant AlLiby (21) unclassified motions are due 5/1/14; CIPA motions are due 5/5/14. Defendants Al Fawwaz (15), Abdel Bary (17), and Al Liby (21) will be tried together beginning on 11/3/14. Time from today through 11/3/14 is excluded from speedy trial calculations in the interests of justice. Hearing duration was 45 minutes. Kaplan, J. (ajc) (Entered: 12/17/2013) 12/12/2013 ORAL ORDER as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary: Time excluded from 12/12/2013 until 11/3/2014. (Signed by Judge Lewis A. Kaplan on 12/12/2013)(ajc) (Entered: 12/17/2013) 12/12/2013 As to Anas Al Liby: Unclassified motions due by 5/1/2014. CIPA motions due 5/5/2014. (Signed by Judge Lewis A. Kaplan on 12/12/2013)(ajc) (Entered: 12/17/2013) 12/18/2013 1405 MEMORANDUM in Opposition by Sulaiman Abu Ghayth re 1390 MOTION for Anonymous Jury.. (Stewart, Geoffrey) (Entered: 12/18/2013) 12/18/2013 1406 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated 12/18/2013 re: Proposing Schedule for Rule 15 Briefing. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 12/18/2013) 12/18/2013 1407 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Stanley L. Cohen, Esq dated 12/17/2013 re: To advise the Court that Mr. Abu Ghayth would prefer to be excused from the appearance currently scheduled for 23 December, for oral argument on the Government's application for an anonymous jury. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/18/2013)(jw) (Entered: 12/18/2013) 12/18/2013 1408 MEMO ENDORSEMENT granting 1406 LETTER MOTION The Government writes with respect to defendant Sulaiman Abu Ghayth's motion, filed on December 11, 2013, for Letters Rogatory and Rule 15 Deposition of Salim Ahmed Hamdan, the Government proposes the following schedule for briefing of that motion, and to file its own motion respecting the taking of testimony via video link: the Government's reply and filing of its motion no later than December 20, 2013; the defendant's reply and response by December 31, 2013; and the Government' s reply, if any, no later than January 6, 2104...ENDORSEMENT..Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/18/20113) (jw) (Entered: 12/18/2013) 12/20/2013 1409 (S14) SUPERSEDING INDICTMENT FILED as to Sulaiman Abu Ghayth (26) count(s) 1s, 2s, 3s. (jbo) (Entered: 12/20/2013) 12/20/2013 1410 REPLY MEMORANDUM OF LAW in Support by United States of America as to Sulaiman Abu Ghayth re: 1390 MOTION for Anonymous Jury.. (Ferrara, Michael) (Entered: 12/20/2013) 12/21/2013 1411 MOTION in Limine To Offer the Testimony of a Witness Via CCTV or Rule 15 Deposition, and Memorandum in Opposition to Defendant's Motion for a Rule 15 Deposition of Salim https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 308/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Ahmed Hamdan. Document filed by United States of America as to Sulaiman Abu Ghayth. (Attachments: # 1 Affidavit Declaration of Nicholas J. Lewin)(Lewin, Nicholas) (Entered: 12/21/2013) 12/23/2013 1412 PROPOSED EXAMINATION OF JURORS by United States of America as to Sulaiman Abu Ghayth. (Cronan, John) (Entered: 12/23/2013) 12/23/2013 1413 PROPOSED EXAMINATION OF JURORS by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 12/23/2013) 12/23/2013 1414 ENDORSED LETTER as to (98-Cr-1023-01) Wadih El Hage addressed to Judge Lewis A. Kaplan from Attorney Julia Pamela Heit dated December 18, 2013 re: I was assigned by the Second Circuit to represent the above named defendant on his direct appeal to that Court. In order to perfect Mr. E-Hage's appeal from his re-sentence before this Court, I require the minutes of February 21, 2013. I therefore request that the Court issue an order that these minutes be unsealed so that I may retain a copy from the Court reporter. ENDORSEMENT: These minutes may be made available to Ms. Heit. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/23/2013)(bw) (Entered: 12/23/2013) 12/23/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Arraignment as to Sulaiman Abu Ghayth (26) Count 1s,2s,3s held on 12/23/2013. Plea entered by Sulaiman Abu Ghayth (26) Count 1s,2s,3s Not Guilty. Defendant Sulaiman Abu Ghayth present with attorneys Stanley Cohen, Geoffrey Stewart, and Zoe Dolan present. AUSAs Michael Ferrara, Johan Cronan, and Nicholas J. Lewin present. Court reporter Jennifer Thun present. Arabic Interpreter Marwan Abdel Rahman present. Defendant arraigned on the (S14) indictment and entered a plea of not guilty. Defendant remained remanded. (jbo) (Entered: 12/27/2013) 12/23/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio Hearing as to Sulaiman Abu Ghayth held on 12/23/2013. Defendant Sulaiman Abu Ghayth present with attorneys Stanley Cohen, Geoffrey Stewart, and Zoe Dolan present. AUSAs Michael Ferrara, Johan Cronan, and Nicholas J. Lewin present. Court reporter Jennifer Thun present. Arabic Interpreter Marwan Abdel Rahman present. Curcio hearing begun and to be concluded on 1/7/14 at 11:00am. Defendant remained remanded. (jbo) (Entered: 12/27/2013) 12/23/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument as to Sulaiman Abu Ghayth held on 12/23/2013 re: 1411 MOTION in Limine To Offer the Testimony of a Witness Via CCTV or Rule 15 Deposition, and Memorandum in Opposition to Defendant's Motion for a Rule 15 Deposition of Salim Ahmed Hamdan filed by United States of America. Defendant Sulaiman Abu Ghayth present with attorneys Stanley Cohen, Geoffrey Stewart, and Zoe Dolan present. AUSAs Michael Ferrara, Johan Cronan, and Nicholas J. Lewin present. Court reporter Jennifer Thun present. Arabic Interpreter Marwan Abdel Rahman present. Governments motion for anonymous jury was granted. Defendant remained remanded. (jbo) (Entered: 12/27/2013) 12/30/2013 1415 MANDATE of USCA (certified copy) as to Ahmed Khalfan Ghailani re: 1094 Notice of Appeal - Final Judgment, USCA Case Number 11-0320. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 12/30/2013. (Attachments: # 1 Opinion) (nd) (Entered: 12/30/2013) 12/30/2013 1416 LETTER MOTION addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 12/30/13 re: Leave to Expand the Record as to Application for Continuance, with Exhibits. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 12/30/2013) 12/31/2013 1417 REPLY TO RESPONSE to Motion by Sulaiman Abu Ghayth re 1396 MOTION to Take Deposition from Salim Ahmed Hamdan pursuant to Rule 15.. (Cohen, Stanley) (Entered: 12/31/2013) 12/31/2013 1418 RESPONSE in Opposition by Sulaiman Abu Ghayth re: 1411 MOTION in Limine To Offer the Testimony of a Witness Via CCTV or Rule 15 Deposition, and Memorandum in https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 309/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Opposition to Defendant's Motion for a Rule 15 Deposition of Salim Ahmed Hamdan.. (Cohen, Stanley) (Entered: 12/31/2013) 12/31/2013 1419 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition by Sulaiman Abu Ghayth re: 1411 MOTION in Limine To Offer the Testimony of a Witness Via CCTV or Rule 15 Deposition, and Memorandum in Opposition to Defendant's Motion for a Rule 15 Deposition of Salim Ahmed Hamdan.. EXHIBITS IN SUPPORT OF THE DEFENDANT'S RESPONSE (Cohen, Stanley) Modified on 1/2/2014 (ka). (Entered: 12/31/2013) 01/02/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Stanley Lewis Cohen as to Sulaiman Abu Ghayth: to RE-FILE Document 1419 Response in Opposition to Motion. Use the document type Exhibit List found under the document list Trial Documents. (ka) (Entered: 01/02/2014) 01/02/2014 1420 EXHIBIT LIST by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 01/02/2014) 01/02/2014 1421 MEMORANDUM OPINION #103861 as to Sulaiman Abu Ghayth re: 1293 MOTION to Suppress Out of Court Identification and Preclude In Court Identification filed by Sulaiman Abu Ghayth. The government seeks to introduce at trial against defendant Sulaiman Abu Ghayth (Abu Ghayth) evidence of two out-of-court identifications made by a cooperating witness (CW) and an anticipated in-court identification by the same witness. Abu Ghayth moves to suppress the out-of-court identification and preclude in-court identification or, in the alternative, for an evidentiary hearing under United States v. Wade. For the foregoing reasons, Abu Ghayths motion to suppress [DI 1293] is denied. (Signed by Judge Lewis A. Kaplan on 1/2/2014)(jw) Modified on 1/9/2014 (ca). (Entered: 01/02/2014) 01/06/2014 1422 CONSENT MOTION for Leave to File Ex Parte Affirmation in Support of Motion to Continue. Document filed by Sulaiman Abu Ghayth. Return Date set for 1/6/2014 at 04:00 PM. (Attachments: # 1 Text of Proposed Order)(Cohen, Stanley) (Entered: 01/06/2014) 01/06/2014 1423 AFFIRMATION of Stanley L. Cohen in Support as to Sulaiman Abu Ghayth re 1422 CONSENT MOTION for Leave to File Ex Parte Affirmation in Support of Motion to Continue.. (Cohen, Stanley) (Entered: 01/06/2014) 01/06/2014 1424 ORDER granting 1390 Motion as to Sulaiman Abu Ghayth (26). The government moves to have an anonymous jury empaneled in this case and for related juror protections. Accordingly, the government's motion [DI 1390] is granted in all respects.(Signed by Judge Lewis A. Kaplan on 1/6/2014) (jw) (Entered: 01/06/2014) 01/06/2014 1425 MOTION to Continue Trial Schedule. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 01/06/2014) 01/06/2014 1426 AFFIRMATION of Stanley L. Cohen in Support as to Sulaiman Abu Ghayth re 1425 MOTION to Continue Trial Schedule.. (Cohen, Stanley) (Entered: 01/06/2014) 01/06/2014 1427 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1425 MOTION to Continue Trial Schedule.. (Cohen, Stanley) (Entered: 01/06/2014) 01/06/2014 1428 SECOND MOTION Dismiss, Sever, Renew Pursuant to Rule 16 re 1409 Indictment and for Omnibus Relief. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 01/06/2014) 01/06/2014 1429 AFFIRMATION of Stanley L. Cohen in Support as to Sulaiman Abu Ghayth re 1428 SECOND MOTION Dismiss, Sever, Renew Pursuant to Rule 16 re 1409 Indictment and for Omnibus Relief.. (Cohen, Stanley) (Entered: 01/06/2014) 01/06/2014 1430 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1428 SECOND MOTION Dismiss, Sever, Renew Pursuant to Rule 16 re 1409 Indictment and for Omnibus Relief.. (Cohen, Stanley) (Entered: 01/06/2014) 01/06/2014 1431 SECOND MOTION to Suppress Identification Testimony. Document filed by Sulaiman Abu Ghayth. (Stewart, Geoffrey) (Entered: 01/06/2014) 01/06/2014 1432 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1431 SECOND MOTION to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 310/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Suppress Identification Testimony.. (Stewart, Geoffrey) (Entered: 01/06/2014) 01/06/2014 1433 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY AFFIDAVIT in Support by United States of America as to Sulaiman Abu Ghayth re: 1411 MOTION in Limine To Offer the Testimony of a Witness Via CCTV or Rule 15 Deposition, and Memorandum in Opposition to Defendant's Motion for a Rule 15 Deposition of Salim Ahmed Hamdan.. (Lewin, Nicholas) Modified on 1/7/2014 (ka). (Entered: 01/06/2014) 01/07/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Nicholas James Lewin as to Sulaiman Abu Ghayth: to RE-FILE Document 1433 Reply Affidavit in Support of Motion. Use the document type Reply to Response to Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 01/07/2014) 01/07/2014 1434 ORDER granting 1422 Motion for Leave to File as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 1/6/2014) (Kaplan, Lewis) (Entered: 01/07/2014) 01/07/2014 1435 MEMO ENDORSEMENT as to (98-Cr-1023-26) Sulaiman Abu Ghayth on re: 1416 LETTER MOTION addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 12/30/2013 re: Leave to Expand the Record as to Application for Continuance, with Exhibits. ENDORSEMENT: On December 20, 2013, with trial of this defendant set for February 3, 2014, the government filed the fourteenth superseding indictment in this case ("S14"). S14 adds two additional counts to the count in the previously operative indictment of this defendant. Three days later, on December 23, 2013, defendant's counsel, Mr. Cohen, at a conference called for other purposes, made a lengthy and discursive oral application for a 60 day continuance of the trial for the purpose among others of making motions with respect to S14. The Court did not rule on the oral motion, but directed that any motions with respect to S14 be made by January 6, 2014. It stated that "then we'll see where we are," Tr., Dec. 23, 2013, at 33, an obvious reference to the oral motion for a continuance. One week later, Mr. Cohen on December 30, 2013, filed this letter lengthy letter for the stated "purpose of expanding upon issues raised during [the] appearance... on 23 December, and in support of defense's application at that time for a continuance of sixty days." DI 1416. Rather than simply sending the letter to the Court and opposing counsel, however, he docketed electronically as a letter motion, thus creating a second pending motion. Then, on January 6, 2014, Mr. Cohen filed yet another motion for a 60 day continuance of the trial. DI 1425. These papers are substantially duplicative of the December 23 oral presentation and the December 30. Moreover, because Mr. Cohen has presented his arguments in a piecemeal and somewhat helter-skelter fashion, three motions for the same continuance on the same grounds are pending on the docket -- the oral motion of December 23, the letter motion of December 30, and the normal written motion of January 6. This sort of advocacy is confusing to and unnecessarily burdensome for adversaries and the Court. It creates confusion as to when responsive papers are due. It multiplies the number of motions pending. It is not to be repeated. In the circumstances, the Court on this occasion will consider everything that defendant's counsel has put before it in all three motions. To the extent new arguments or facts have been put forward, they will be treated as having been made on the dates on which they first were made. For the sake of good order, however, the oral motion of December 23, 2013 and the letter motion of December 30, 2013 [DI 1416] both are denied without prejudice. The only remaining open motion with respect to the trial date is that of January 6, DI 1425. That will be decided in due course, once the government has responded. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/7/2014)(bw) (Entered: 01/07/2014) 01/07/2014 1436 REPLY TO RESPONSE to Motion by United States of America as to Sulaiman Abu Ghayth re 1411 MOTION in Limine To Offer the Testimony of a Witness Via CCTV or Rule 15 Deposition, and Memorandum in Opposition to Defendant's Motion for a Rule 15 Deposition of Salim Ahmed Hamdan.. (Lewin, Nicholas) (Entered: 01/07/2014) 01/07/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio Hearing as to Sulaiman Abu Ghayth held on 1/7/2014. Defendant Sulaiman Abu Ghayth present with attorneys Stanley Cohen and Geoffrey Stewart. AUSAs Michael Ferrara, John Cronan, and Nicholas J. Lewin present. Court reporter Karen Gorleski present. Arabic interpreters Marwan Abdel-Rahman and Fouad El Shiekh present. Curcio hearing concluded. Oral https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 311/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 argument on defendants Rule 15 motions and the Governments motion to introduce testimony by CCTV heard. Decision reserved on both motions. Defendant remained detained. Kaplan, J. (ajc) (Entered: 01/10/2014) 01/08/2014 1437 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 12/23/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/3/2014. Redacted Transcript Deadline set for 2/13/2014. Release of Transcript Restriction set for 4/11/2014. (Rodriguez, Somari) (Entered: 01/08/2014) 01/08/2014 1438 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 12/23/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 01/08/2014) 01/08/2014 1439 LETTER by (S7-98-Cr-1023-17) Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Attorneys Andrew G. Patel, Linda Moreno, Lauren Kessler, dated December 10, 2013 re: This letter is respectfully submitted as a response to letters to the Court from Mr. Al Liby and from the Government, and to further object to the joinder of Mr. Al Liby with the trial of Mr. Abdel Bary. (bw) (Entered: 01/08/2014) 01/08/2014 1440 ORDER as to (S13-98-Cr-1023-26) Sulaiman Abu Ghayth. 1. Defendant's motion for a continuance of the trial [DI 1425] is granted to the following extent that the commencement of the trial (which is to say, the commencement of the voir dire examination of prospective jurors in open court) is continued from February 3 until February 24, 2014. 2. Prospective jurors will be summoned for the purpose of completing questionnaires on February 18 and 19, 2014. 3. Completed questionnaires will be made available to the government, copied by it, and copies furnished by it to defendant's counsel no later than 10 a.m. on February 20, 2014. 4. Counsel shall furnish to the jury department, no later than 9 a.m. on February 21, 2014, a joint list, in juror number order, of those prospective jurors whom they agree shall be excused from service in this case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/8/2014)(bw) (Entered: 01/08/2014) 01/13/2014 1441 ORDER as to Sulaiman Abu Ghayth. Defendant moves under Rule 15 to take the deposition of Salim Ahmed Hamdan. Defendant must respond within two days of the posting of this order whether, if the Court were to grant the motion in whole or in part and permit defendant's observation through simultaneous audio and video transmission, he waives any right to be present at the witness's location during the deposition. (Signed by Judge Lewis A. Kaplan on 1/13/14)(jw) (Entered: 01/13/2014) 01/13/2014 1442 ORDER as to Khaled Al Fawwaz. Defendant moves under Rule 15 to take the depositions of various foreign witnesses. Defendant must respond within one week of the posting of this order whether, if the Court were to grant the motions in whole or in part and permit defendant's observation through simultaneous audio and video transmission, he waives any right to be present at the witness' locations during the depositions. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/13/14)(jw) (Entered: 01/13/2014) 01/13/2014 1443 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/13/2014) 01/13/2014 1444 MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1431 SECOND MOTION to Suppress Identification Testimony., 1428 SECOND MOTION Dismiss, Sever, Renew Pursuant to Rule 16 re 1409 Indictment and for Omnibus Relief.. (Cronan, John) (Entered: 01/13/2014) 01/13/2014 1445 DECLARATION of John P. Cronan in Opposition by United States of America as to Sulaiman Abu Ghayth re: 1431 SECOND MOTION to Suppress Identification Testimony., 1428 SECOND MOTION Dismiss, Sever, Renew Pursuant to Rule 16 re 1409 Indictment and for Omnibus Relief.. (Cronan, John) (Entered: 01/13/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 312/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/14/2014 1446 LETTER by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 14 January 2014 re: Order 13 January, DI 1441, Waiver pursuant to Rule 15 (Cohen, Stanley) (Entered: 01/14/2014) 01/15/2014 1447 MEMORANDUM OPINION as to Sulaiman Abu Ghayth re 103888: 1411 MOTION in Limine To Offer the Testimony of a Witness Via CCTV or Rule 15 Deposition, and Memorandum in Opposition to Defendant's Motion for a Rule 15 Deposition of Salim Ahmed Hamdan filed by United States of America. For the foregoing reasons, the governments motion to offer the CWs testimony through CCTV [DI 1411] is granted. (Signed by Judge Lewis A. Kaplan on 1/15/14)(jw) Modified on 1/22/2014 (nt). (Entered: 01/15/2014) 01/15/2014 1632 INTERNET CITATION NOTE as to Sulaiman Abu Ghayth: Material from decision with Internet citation re: 1447 Memorandum & Opinion. (fk) (Entered: 06/10/2014) 01/16/2014 1448 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Oral Argument held on 1/7/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/10/2014. Redacted Transcript Deadline set for 2/21/2014. Release of Transcript Restriction set for 4/21/2014. (Rodriguez, Somari) (Entered: 01/16/2014) 01/16/2014 1449 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Oral Argument proceeding held on 1/7/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 01/16/2014) 01/16/2014 1450 LETTER by United States of America as to (S14-98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from AUSAs John P. Cronan, Nicholas J. Lewin, Michael Ferrara, dated January 7, 2014 re: The Government writes with respect to the Court's "Draft Instruction to Prospective Jurors in Abu Ghayth" ("Proposed Instructions"), which was provided to the parties at the pre-trial conference held on December 23, 2013. The Government has no objection to the Proposed Instructions. But the Government does request that one change be made to the one-sentence description of the charges against the defendant. Document filed by United States of America. (bw) (Entered: 01/16/2014) 01/16/2014 1451 LETTER by United States of America as to (S14-98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from AUSAs John P. Cronan, Nicholas J. Lewin, Michael Ferrara, dated January 7, 2014 re: The Government writes respectfully in opposition to the defendant's January 6, 2013 motion for an adjournment of the trial. Document filed by United States of America. (bw) (Entered: 01/16/2014) 01/20/2014 1452 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE by Khaled Al Fawwaz re: 1442 Order,. (Sternheim, Bobbi) Modified on 1/21/2014 (ka). (Entered: 01/20/2014) 01/21/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1452 Response. Use the document type Letter found under the document list Other Documents. (ka) (Entered: 01/21/2014) 01/21/2014 1453 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated 1/20/14 re: Waiver of Client Presence at Rule 15 Deposition (Sternheim, Bobbi) (Entered: 01/21/2014) 01/22/2014 1454 TRANSCRIPT of Proceedings as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary re: Conference held on 12/12/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Tara Jones, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 313/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/25/2014. (Rodriguez, Somari) (Entered: 01/22/2014) 01/22/2014 1455 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Conference proceeding held on 12/12/13 has been filed by the court reporter/transcriber in the above- captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 01/22/2014) 01/31/2014 1456 MOTION for a Witness to Testify by Pseudonym and for Other Protective Relief. Document filed by United States of America as to Sulaiman Abu Ghayth. (Cronan, John) (Entered: 01/31/2014) 01/31/2014 1457 MEMORANDUM in Support by United States of America as to Sulaiman Abu Ghayth re 1456 MOTION for a Witness to Testify by Pseudonym and for Other Protective Relief.. (Attachments: # 1 Exhibit A)(Cronan, John) (Entered: 01/31/2014) 01/31/2014 1458 PROTECTIVE ORDER as to Sulaiman Abu Ghayth...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 1/30/2014)(dnd) (Entered: 01/31/2014) 01/31/2014 1459 LETTER by United States of America as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Nicholas J. Lewin dated 1/28/2014 re: The Government writes respectfully to inform the Court regarding a recent revision to the translation of a video quoted in a footnote of its motion to remotely take the testimony of a witness located in the United Kingdom ("Witness"). Document filed by United States of America. (dnd) (Entered: 01/31/2014) 01/31/2014 1460 LETTER by United States of America as to Khaled Al Fawwaz, Adel Abdel Bary, Anas Al Liby addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 1/24/2014 re: The Government writes to update the Court and the defense on the anticipated arrival in the United States of the electronic hardware we requested from British authorities on an expedited basis, including fax machines and computers, that had been seized by the British police and which the defense wishes to examine... Document filed by United States of America. (dnd) (Entered: 01/31/2014) 01/31/2014 1461 ORDER: Substantially for the reasons set forth in the government's opposition brief, defendant's second motion to suppress [DI 1431] and second omnibus motion [DI 1428] are denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/31/2014) (dnd) (Entered: 01/31/2014) 01/31/2014 1462 MOTION to Preclude Proposed Expert Witness. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 01/31/2014) 01/31/2014 1463 ORDER: As to Sulaiman Abu Ghayth. With defendant's consent, the government filed a classified document, dated today, requesting certain relief. The government's request is granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/31/2014)(dnd) (Entered: 01/31/2014) 01/31/2014 1464 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1462 MOTION to Preclude Proposed Expert Witness.. (Attachments: # 1 Exhibit CV of proposed witness)(Cohen, Stanley) (Entered: 01/31/2014) 01/31/2014 1465 AFFIRMATION of Stanley L. Cohen in Support as to Sulaiman Abu Ghayth re 1462 MOTION to Preclude Proposed Expert Witness.. (Cohen, Stanley) (Entered: 01/31/2014) 02/03/2014 1466 FIRST MOTION for Discovery re Def. al Liby CIA Interrogation. Document filed by Anas Al Liby. (Attachments: # 1 Supplement Declaration & Memorandum in Support, # 2 Exhibit Exh. A DoD News Release, # 3 Exhibit Exh. B CIA News Release, # 4 Exhibit Exh. C Huffington Post article)(Kleinman, Bernard) (Entered: 02/03/2014) 02/03/2014 1467 NOTICE of Change of Address as to Anas Al Liby. New Address: LAW OFFICE OF https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 314/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 BERNARD V. KLEINMAN, PLLC, 2 WESTCHESTER PARK DRIVE, SUITE 418, WHITE PLAINS, NY, USA 10604, 914.644.6660. (Kleinman, Bernard) (Entered: 02/03/2014) 02/04/2014 1468 MOTION to Compel Defense Department to Allow Access to Detainee. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 02/04/2014) 02/04/2014 1469 DECLARATION of Stanley L. Cohen in Support as to Sulaiman Abu Ghayth re: 1468 MOTION to Compel Defense Department to Allow Access to Detainee.. (Cohen, Stanley) (Entered: 02/04/2014) 02/04/2014 1470 FILING ERROR - DUPLICATE DOCKET ENTRY - MEMORANDUM in Support by Sulaiman Abu Ghayth re 1468 MOTION to Compel Defense Department to Allow Access to Detainee.. (Cohen, Stanley) Modified on 2/5/2014 (db). (Entered: 02/04/2014) 02/04/2014 1471 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1468 MOTION to Compel Defense Department to Allow Access to Detainee.. (Attachments: # 1 Exhibit)(Cohen, Stanley) (Entered: 02/04/2014) 02/04/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Sulaiman Abu Ghayth held on 2/4/2014. Defendant Sulaiman Abu Ghayth present with attorneys Stanley Cohen, Zoe Dolan, and Geoffrey Stewart. AUSAs Michael Ferrara, John Cronan, and Nicholas J. Lewin present. Court reporter Rebecca Forman present. Arabic interpreter Marwan Abdel-Rahman present. Conference re CCTV testimony held. Defendant remained detained. (jbo) (Entered: 02/10/2014) 02/05/2014 1472 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/05/2014) 02/07/2014 1473 MEMORANDUM in Opposition by Sulaiman Abu Ghayth re 1456 MOTION for a Witness to Testify by Pseudonym and for Other Protective Relief.. (Cohen, Stanley) (Entered: 02/07/2014) 02/10/2014 1474 MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1462 MOTION to Preclude Proposed Expert Witness.. (Attachments: # 1 Exhibit A (draft expert report), # 2 Exhibit B (curriculum vitae), # 3 Exhibit C (Paracha Daubert transcript))(Ferrara, Michael) (Entered: 02/10/2014) 02/10/2014 1475 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by Sulaiman Abu Ghayth re 1456 MOTION for a Witness to Testify by Pseudonym and for Other Protective Relief.. Re-filed per instructions of Court, with redacting (Cohen, Stanley) Modified on 2/11/2014 (ka). (Entered: 02/10/2014) 02/11/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Stanley Lewis Cohen as to Sulaiman Abu Ghayth: to RE-FILE Document 1475 Memorandum in Opposition to Motion. Use the document type Response in Opposition to Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 02/11/2014) 02/11/2014 1476 RESPONSE in Opposition by Sulaiman Abu Ghayth re: 1456 MOTION for a Witness to Testify by Pseudonym and for Other Protective Relief.. (Cohen, Stanley) (Entered: 02/11/2014) 02/11/2014 1477 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - JOINT MOTION Issuance of Letters Rogatory. Document filed by Khaled Al Fawwaz. (Sternheim, Bobbi) Modified on 2/13/2014 (ka). (Entered: 02/11/2014) 02/11/2014 1478 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - DECLARATION of Bobbi C. Sternheim in Support as to Khaled Al Fawwaz re: 1477 JOINT MOTION Issuance of Letters Rogatory. (Sternheim, Bobbi) Modified on 2/13/2014 (ka). (Entered: 02/11/2014) 02/11/2014 1479 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - MOTION for Letters Rogatory to the United Kingdom. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Text of Proposed Order for Letters Rogatory to the United Kingdom)(Sternheim, Bobbi) Modified on 2/13/2014 (ka). (Entered: 02/11/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 315/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/11/2014 1480 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - DECLARATION of Bobbi C. Sternheim in Support as to Khaled Al Fawwaz re: 1479 MOTION for Letters Rogatory to the United Kingdom. (Sternheim, Bobbi) Modified on 2/13/2014 (ka). (Entered: 02/11/2014) 02/11/2014 1481 REPLY MEMORANDUM OF LAW in Support by United States of America as to Sulaiman Abu Ghayth re: 1456 MOTION for a Witness to Testify by Pseudonym and for Other Protective Relief.. (Cronan, John) (Entered: 02/11/2014) 02/11/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Pretrial Conference as to Sulaiman Abu Ghayth held on 2/11/2014. Defendant Sulaiman Abu Ghayth not present but attorneys Stanley Cohen and Geoffrey Stewart present. AUSAs Michael Ferrara, John Cronan, and Adam Fee present. Court reporter Linda Fisher present. Conference held. The next conference will be held on Thursday, 2/13/14 at 2:00pm. (jbo) (Entered: 02/14/2014) 02/13/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1479 MOTION for Letters Rogatory to the United Kingdom, 1478 Declaration in Support of Motion, 1477 JOINT MOTION Issuance of Letters Rogatory, 1480 Declaration in Support of Motion. ERROR(S): Incomplete PDF and Attorney s/signature missing from documents. (ka) (Entered: 02/13/2014) 02/13/2014 1482 MEMO ENDORSEMENT as to (S14-98-CR-1023-26) Sulaiman Abu Ghayth on "Government's Motion For A Witness To Testify At Trial Under A Pseudonym And Other Related Protective Measures". ENDORSEMENT: Motion denied for substantially the reasons stated in open court this day. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/13/2014)(bw) (Entered: 02/13/2014) 02/13/2014 1483 MEMO ENDORSEMENT as to (98-Cr-1023-26) Sulaiman Abu Ghayth on "Notice Of Motion" filed by Attorney Stanley L. Cohen dated January 28, 2014 re: Defendant moves for the entry of an order excluding the proposed testimony of Evan F. Kohlmann, or in the alternative, ordering a Daubert hearing under Federal Rule of Evidence 104(a). ENDORSEMENT: Motion denied without prejudice to renewal at trial. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/13/2014)(bw) (Entered: 02/13/2014) 02/13/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument as to Sulaiman Abu Ghayth held on 2/13/2014 re: 1456 MOTION for a Witness to Testify by Pseudonym and for Other Protective Relief filed by United States of America. Defendant Sulaiman Abu Ghayth not present but attorneys Stanley Cohen and Geoffrey Stewart present. AUSAs Michael Ferrara, John Cronan, and Nicholas Lewin present. Court reporter Sam Mauro present. Oral argument regarding the governments motion for a witness to testify by pseudonym and for other protective relief (DI#1456) was heard and the motion was denied by the Court. A deadline for attorney Zoe Dolans response to the outstanding classified letter was set for Monday, 2/17/14. (jbo) (Entered: 02/18/2014) 02/17/2014 1484 FIRST MOTION to Dismiss for Lack of Jurisdiction. Document filed by Anas Al Liby. (Kleinman, Bernard) (Entered: 02/17/2014) 02/17/2014 1485 DECLARATION of Bernard V Kleinman in Support as to Anas Al Liby re: 1484 FIRST MOTION to Dismiss for Lack of Jurisdiction.. (Kleinman, Bernard) (Entered: 02/17/2014) 02/17/2014 1486 MEMORANDUM in Support by Anas Al Liby re 1484 FIRST MOTION to Dismiss for Lack of Jurisdiction.. & Exhibits A thru F (Attachments: # 1 Exhibit DoD Press Release 700-13, # 2 Exhibit Al-Jazeera Article, # 3 Exhibit Statement of Govt of Libya, # 4 Exhibit DoD Directive 5525.5, # 5 Exhibit CBS News Article, # 6 Exhibit Joinr US/Libya Decl. of Intent)(Kleinman, Bernard) (Entered: 02/17/2014) 02/18/2014 1487 MOTION to Continue Jury Trial. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 02/18/2014) 02/18/2014 1488 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1487 MOTION to Continue Jury Trial.. with Exhibits under Protective Order omitted (Cohen, Stanley) (Entered: 02/18/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 316/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/18/2014 1489 LETTER by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Zoe Dolan dated 2/18/2014 re: Status Of Pending Classified Issues (Dolan, Zoe) (Entered: 02/18/2014) 02/18/2014 1490 MEMORANDUM OPINION # 103974 as to (S7-98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17). Before this Court are four motions one by Bary and three by al Fawwaz to depose witnesses located abroad, who allegedly are unable or unwilling to travel to the United States to testify in person, under Rule 15 and for letters rogatory....[See this Memorandum Opinion]... Conclusion: For the foregoing reasons, Bary's motion [DI 1296] is denied. Al Fawwaz's first motion [DI 1323] is granted. Al Fawwaz's second motion [DI 1325] is granted to the extent that he may take Rule 15 depositions of Naomi Wood and Abdel Bari Atwan, each of which shall be confined to the subjects that this Court here has concluded are material. It is denied as to his other Rule 15 deposition requests and document requests. Al Fawwaz's third motion [DI 1326] is denied. The Court will issue the proposed letters rogatory for Paul Banner and Banner's replacement. Counsel shall submit an agreed form of letters rogatory as to Wood, who has not cooperated with al Fawwaz's counsel. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/18/2014)(bw) Modified on 2/21/2014 (ca). (Entered: 02/18/2014) 02/18/2014 1491 AMENDED LETTERS ROGATORY TO COURTS OF THE UNITED KINGDOM: as to (S7-98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17). The District Court for the Southern District of New York, Judge Lewis R. Kaplan presiding, presents its greetings to the Central Authority of the United Kingdom and to the appropriate Court of the United Kingdom and asks assistance in executing this Letters Rogatory to the extent permissible under law....[See this document]... The United States District Court presents its compliments to the Courts of the United Kingdom and assures those Courts that it stands ready to provide any reciprocal assistance that those Courts might require to the extent permissible under law. (Signed by Judge Lewis A. Kaplan on 2/18/2014)(bw) (Entered: 02/18/2014) 02/18/2014 1492 MOTION to Preclude Audio Recording. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 02/18/2014) 02/18/2014 1493 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1492 MOTION to Preclude Audio Recording.. with Exhibits (Attachments: # 1 Exhibit Expert Report, Exhibit A, # 2 Exhibit Expert CV, Exhibit B)(Cohen, Stanley) (Entered: 02/18/2014) 02/19/2014 1494 ORDER as to Sulaiman Abu Ghayth. WHEREAS, on February 4, 2014, defendant Sulaiman Abu Ghayth, a!k/a "Salman Abu Gayth" ("Abu Ghayth" or the "defendant") filed a motion seeking an order compelling the United States Department of Defense to allow a representative of the defense with sufficientsecurity clearance to interview Khalid Sheikh Mohammed ("Mohammed"), an individual currently detained at the U.S. naval base at Guantanamo Bay, Cuba. NOW, THEREFORE, IT IS HEREBY ORDERED that the defendant be permitted accessto Mohammed under the following agreed-upon terms and conditions Defense counsel will prepare written questions for submission to Mohammed. The subject matter of the written questions will be limited to information directly material to Abu Ghayth's defense, focused on the specific time period at issue, in accordance with the "need-to-know" requirement set forth in Executive Order 13,526 § 4.1. The questions may not address any aspect of Mohammed's detention prior to his arrival at Guantanamo Bay, and they may not address security procedures at Guantanamo Bay, including names of U.S. Government personnel, the layout of camp facilities, and the status of other detainees ("Protected Information"). The questions also may not address any ongoing or completed military, intelligence, security, or law-enforcement operations, investigations, or arrests, or the results of such activities, by any nation or agency, or current political events in any country that are not directly related to counsel's representation of Abu Ghayth ("Additional Protected Information"). (Signed by Judge Lewis A. Kaplan on 2/19/2014)(jw) (Entered: 02/19/2014) 02/19/2014 1495 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/19/2014) 02/19/2014 1496 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Nicholas J. Lewin dated 2/14/2014 re: Pursuant to the Court's direction made during the February 4, 2014 conference, the Government writes, jointly with counsel for the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 317/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 defendant, to propose agreed-upon arrangements for the closed-circuit trial testimony from the United Kingdom of a cooperating witness (''Witness"). Specifically, the parties jointly propose the following procedure be followed during the testimony of the Witness... ENDORSEMENT: Approved. (Signed by Judge Lewis A. Kaplan on 2/19/2014)(dnd) (Entered: 02/19/2014) 02/19/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Pretrial Conference as to Sulaiman Abu Ghayth held on 2/19/2014. Defendant Sulaiman Abu Ghayth not present but attorneys Stanley Cohen and Geoffrey Stewart present. AUSA Nicholas J. Lewin present. Court reporter Alena Lynch present. Jury selection and trial commencement adjourned until Monday, 3/3/2014 at 9:30am. (jbo) (Entered: 02/19/2014) 02/19/2014 1497 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/20/2014) 02/20/2014 1498 STIPULATION AND ORDER as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. IT IS HEREBY STIPULATED AND AGREED by and between the United States of America by Preet Bharara, United States Attorney, Sean S. Buckley, Stephen J. Ritchin, Adam Fee, and Nicholas Lewin, Assistant United States Attorneys, KHALID AL FAWWAZ, a/k/a " Khaled Abdul Rahman Hamad al Fawwaz," a/k/a "Abu Omar," a/k/a "Hamad," by his attorney, Bobbi C. Sternheim, Esq., ADEL ABDEL BARY, a/k/a "Adel Mohammed Abdul Almagid Abdel Bary," a/k/a "Abbas," a/k/a "Abu Dia," a/k/a "Adel,"the defendant by his attorney Linda Moreno, Esq., and ANAS AL LIBY, a/k/a "Nazih al Raghie," a/k/a "Anas al Sebai," the defendant, by his attorney Bernard Kleinman, Esq., that The Government may depose outside the United States, pursuant to and in the manner prescribed by Federal Rule of Criminal Procedure 15, the witnesses identified as Witness-1 and Witness - 2 in the Government's Motion to Depose Witnesses Pursuant to Rule 15 of the Federal Rules of Criminal Procedure, dated September 3, 2013... The government's motion DI 1301 is denied as moot. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/20/2014)(dnd) (Entered: 02/20/2014) 02/20/2014 1499 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Nicholas J. Lewin dated 2/19/2014 re: The Government respectfully submits this letter to request an exclusion of time from today, February 19,2014 through March 3, 2014, pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161 (h)(7)(A). ENDORSEMENT: "Time is excluded as requested. The interest of justice served thereby outweigh the interest of the defendant and the public in a speedy trial for the reasons stated." SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/20/2014)(dnd) (Entered: 02/20/2014) 02/21/2014 1500 ORDER: As to Sulaiman Abu Ghayth. The Defendant Sulaiman Abu Ghayth, through his attorneys Stanley L. Cohen, Geoffrey S. Stewart, Zoe Dolan, and Ashraf Nubani, has made application to the Court for an order: directing the Bureau of Prisons, the Metropolitan Corrections Center, and its agents and representatives to permit the Defendant to possess two suits during the course of the trial, which he may wear when in the courtroom; and directing the United States Marshals Service, its officers and representatives, to permit the Defendant to wear a suit when in the courtroom, during the course of the trial. The defense application is hereby GRANTED. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/21/2014)(dnd) (Entered: 02/21/2014) 02/21/2014 1501 ORDER: As to Sulaiman Abu Ghayth. The parties shall advise the Court by joint letter no later than February 26, 2014 at 4 p.m. of the numbers (in order) of those prospective jurors who indicated that service on this case would be a hardship and whom the parties did not excuse by agreement. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/21/2014) (dnd) (Entered: 02/21/2014) 02/21/2014 1502 MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1492 MOTION to Preclude Audio Recording.. (Attachments: # 1 Exhibit A (transcript of recording), # 2 Exhibit B (stipulation), # 3 Exhibit C (defense report), # 4 Exhibit D (time- stamped transcript))(Ferrara, Michael) (Entered: 02/21/2014) 02/26/2014 1503 Request To Charge by United States of America as to Sulaiman Abu Ghayth. (Lewin, Nicholas) (Entered: 02/26/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 318/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/26/2014 1504 LETTER MOTION addressed to Judge Lewis A. Kaplan from Zoe Dolan dated 2/26/2014 re: Motion to Renew Motions To Dismiss, for a BoP, to Continue the Trial, and to Compel Brady Disclosure. Document filed by Sulaiman Abu Ghayth. (Attachments: # 1 Exhibit A) (Dolan, Zoe) (Entered: 02/26/2014) 02/27/2014 1505 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 2/19/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/24/2014. Redacted Transcript Deadline set for 4/3/2014. Release of Transcript Restriction set for 6/2/2014. (Rodriguez, Somari) (Entered: 02/27/2014) 02/27/2014 1506 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 2/19/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 02/27/2014) 02/27/2014 1507 ENDORSED LETTER as to Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated 2/26/2014 re: With the consent of the government by AUSA Sean Buckley, counsel for Khalid AI Fawwaz request an extension of time until March 10, 2014 to file a motion for reconsideration of portions of Rule 15 motion previously denied. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/27/2014)(dnd) (Entered: 02/27/2014) 02/28/2014 1508 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1504 LETTER MOTION addressed to Judge Lewis A. Kaplan from Zoe Dolan dated 2/26/2014 re: Motion to Renew Motions To Dismiss, for a BoP, to Continue the Trial, and to Compel Brady Disclosure.. (Lewin, Nicholas) Modified on 2/28/2014 (ka). (Entered: 02/28/2014) 02/28/2014 1509 ENDORSED LETTER as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from John P. Cronan and Nicholas J. Lewin and Michael Ferrara dated 2/27/14 re: Accordingly, the Government requests permission to publish the Exhibit during its opening. The Government has solicited defense consent for this request the defense has declined to consent..ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/28/14)(jw) (Entered: 02/28/2014) 02/28/2014 1510 FIFTH LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated 2/28/14 re: re: Defense Rule 15 motion. Document filed by United States of America as to Sulaiman Abu Ghayth. (Attachments: # 1 Exhibit A)(Ferrara, Michael) (Entered: 02/28/2014) 02/28/2014 1511 MEMORANDUM AND ORDER as to Sulaiman Abu Ghayth. The defendant moved in limine to preclude Evan Kohlmann's expert testimony concerning the history and structure of al Qaeda. He argues that the proposed testimony is not necessary for the jury to understand the evidence presented at trial, that Kohlmann's methodology is not "legitimate," and that his testimony would be irrelevant and unduly prejudicial. The Court denied the motion in open court and now writes to expand upon the basis for that ruling. The Court shall terminate defendant's motion [DI 1462]. (Signed by Judge Lewis A. Kaplan on 2/28/14)(jw) (Entered: 02/28/2014) 02/28/2014 1512 FIRST LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated 2/17/14 re: Defense Rule 15 Motion. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 02/28/2014) 02/28/2014 1513 SECOND LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated 2/18/14 re: Defense Rule 15 Motion. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 02/28/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 319/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/28/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Nicholas James Lewin as to Sulaiman Abu Ghayth: to RE-FILE Document 1508 Memorandum in Opposition to Motion. Use the document type Response to Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 02/28/2014) 02/28/2014 1514 ORDER as to Sulaiman Abu Ghayth. The defendant moves in limine to preclude the introduction at trial of a recording of a purported June 2002 interview in which he made certain statements. He argues that the recordingis not entirely authentic or relevant and that its introduction would be overly prejudicial. Accordingly, the defendant's motion [DI 1492] is denied without prejudice to a renewal at trial. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/28/2014)(jw) (Entered: 02/28/2014) 02/28/2014 1515 THIRD LETTER MOTION addressed to Judge Lewis A. Kaplan from John P. Cronan dated 2/26/14 re: Defense Rule 15 Motion. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 02/28/2014) 02/28/2014 1516 FOURTH LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated 2/26/14 re: Defense Rule 15 Motion. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 02/28/2014) 02/28/2014 1517 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1504 LETTER MOTION addressed to Judge Lewis A. Kaplan from Zoe Dolan dated 2/26/2014 re: Motion to Renew Motions To Dismiss, for a BoP, to Continue the Trial, and to Compel Brady Disclosure.. (Lewin, Nicholas) Modified on 3/3/2014 (ka). (Entered: 02/28/2014) 02/28/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Sulaiman Abu Ghayth held on 2/28/2014. Defendant not present but attorneys Stanley Cohen, Geoffrey Stewart and Zoe Dolan present. AUSAs Michael Ferrara, John Cronan, and Nicholas J. Lewin present. Court reporter present. (jbo) (Entered: 03/12/2014) 03/02/2014 1518 MOTION in Limine. Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 03/02/2014) 03/03/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Nicholas James Lewin as to Sulaiman Abu Ghayth: to RE-FILE Document 1517 Memorandum in Opposition to Motion. Use the document type Response to Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 03/03/2014) 03/03/2014 1519 LETTER MOTION addressed to Judge Lewis A. Kaplan from United States of America dated March 3, 2014 re: 1484 FIRST MOTION to Dismiss for Lack of Jurisdiction. re: Extension of briefing schedule. Document filed by United States of America as to Anas Al Liby. (Fee, Adam) (Entered: 03/03/2014) 03/03/2014 1520 LETTER RESPONSE to Motion by United States of America as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Nicholas J. Lewin dated February 28, 2014 re: 1504 LETTER MOTION addressed to Judge Lewis A. Kaplan from Zoe Dolan dated 2/26/2014 re: Motion to Renew Motions To Dismiss, for a BoP, to Continue the Trial, and to Compel Brady Disclosure.. (Lewin, Nicholas) (Entered: 03/03/2014) 03/03/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Voir Dire held on 3/3/2014 as to Sulaiman Abu Ghayth. (jbo) (Entered: 03/12/2014) 03/03/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Selection as to Sulaiman Abu Ghayth held on 3/3/2014. Defendant Sulaiman Abu Ghayth present with attorneys Stanley Cohen, Geoffrey Stewart, and Zoe Dolan. AUSAs Michael Ferrara, John Cronan, and icholas J. Lewin present. Court reporter Rebecca Forman and Sam Mauro present. Arabic interpreters Marwan Abdel Rahman and Adnre Codouni present. Jury selection begun and continued to 3/4/14. (jbo) (Entered: 03/12/2014) 03/04/2014 1521 ORDER granting 1519 LETTER MOTION extension of time as to Anas Al Liby (21). https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 320/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (Signed by Judge Lewis A. Kaplan on 3/4/2014) (Kaplan, Lewis) (Entered: 03/04/2014) 03/04/2014 1522 MOTION in Limine To Preclude Argument Or, In The Alternative, Admit Evidence. Document filed by Sulaiman Abu Ghayth. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dolan, Zoe) (Entered: 03/04/2014) 03/04/2014 1523 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct 1522 MOTION in Limine To Preclude Argument Or, In The Alternative, Admit Evidence. filed by Sulaiman Abu Ghayth. With Corrected Exhibit C Document filed by Sulaiman Abu Ghayth. (Attachments: # 1 Exhibit C Part 1, # 2 Exhibit C Part 2)(Dolan, Zoe) Modified on 3/4/2014 (ka). (Entered: 03/04/2014) 03/04/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Zoe Jayde Dolan as to Sulaiman Abu Ghayth: to RE-FILE Document 1523 MOTION to Amend/Correct 1522 MOTION in Limine To Preclude Argument Or, In The Alternative, Admit Evidence. filed by Sulaiman Abu Ghayth With Corrected Exhibit C MOTION to Amend/Correct 1522 MOTION in Limine To Preclude Argument Or, In The Alternative, Admit Evidence filed by Sulaiman Abu Ghayth With Corrected Exhibit C. Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 03/04/2014) 03/04/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/4/2014. Jury selection continued and adjourned to 3/5/14. (jbo) (Entered: 03/12/2014) 03/04/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Sulaiman Abu Ghayth held on 3/4/2014. Classified conference held. Defendant not present but attorney Zoe Dolan present. AUSAs Diane Gujarati, Nicholas Lewin, John Cronan, and Michael Ferrara Present. Court reporter Rebecca Forman present. (jbo) (Entered: 03/12/2014) 03/04/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Sulaiman Abu Ghayth held on 3/4/2014. Defendant Defendant not present but attorney Zoe Dolan present. AUSAs Diane Gujarati, Nicholas Lewin, John Cronan, and Michael Ferrara Present. Court reporter Rebecca Forman present. (jbo) (Entered: 03/12/2014) 03/05/2014 1524 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 2/28/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2014. Redacted Transcript Deadline set for 4/10/2014. Release of Transcript Restriction set for 6/6/2014. (McGuirk, Kelly) (Entered: 03/05/2014) 03/05/2014 1525 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 2/28/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/05/2014) 03/05/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/5/2014. Jury selection continued. Peremptory challenges exercised. Jury of 12 and 6 alternates selected. Jury sworn and trial begun. (jbo) (Entered: 03/12/2014) 03/06/2014 1526 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 2/4/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 321/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 3/31/2014. Redacted Transcript Deadline set for 4/10/2014. Release of Transcript Restriction set for 6/9/2014. (McGuirk, Kelly) (Entered: 03/06/2014) 03/06/2014 1527 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 2/4/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/06/2014) 03/06/2014 1528 ORDER as to (S14-98-Cr-1023-26) Sulaiman Abu Ghayth. For the reasons stated on the record on March 4, 2014, the Court denies as moot the motions in limine filed by the government [DI 1518] and the defendant [DI 1522, 1523]. The government's classified submission dated February 28, 2014 requesting certain relief was granted during the sealed portion of the March 4 hearing. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/6/2014)(bw) (Entered: 03/06/2014) 03/06/2014 1529 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/06/2014) 03/06/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/6/2014. Trial continued and adjourned to 3/10/14. (jbo) (Entered: 03/12/2014) 03/07/2014 1530 ORDER as to (S14-98-Cr-1023-26) Sulaiman Abu Ghayth. 1. The request of both parties that the Court not sit on Wednesday, March 12, 2014, is granted. 2. Defendant's objections, if any, to the government's requested jury instructions and any requests of his own shall be filed no later than March 13, 2014. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/7/2014)(bw) (Entered: 03/07/2014) 03/07/2014 1531 MEMORANDUM in Opposition by United States of America as to Anas Al Liby re 1484 FIRST MOTION to Dismiss for Lack of Jurisdiction.. (Fee, Adam) (Entered: 03/07/2014) 03/07/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Sulaiman Abu Ghayth held on 3/7/2014. Defendant did not participate but attorney Stanley Cohen participated. AUSAs Michael Ferrara, John Cronan, and Nicholas J. Lewin participated. Court reporter Rebecca Forman present. (jbo) (Entered: 03/12/2014) 03/10/2014 1532 ENDORSED LETTER as to (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Attorney Bobbi C. Sternheim dated March 9, 2014 re: With the consent of the government (AUSA Sean Buckley), counsel for Khalid Al Fawwaz request an extension of time to Friday, March 14th to file our motion for reconsideration of the portion of Rule 15 motion previously denied. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/10/2014)(bw) (Entered: 03/10/2014) 03/10/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/10/2014. Trial continued. (jbo) (Entered: 03/12/2014) 03/11/2014 1533 SEALED DOCUMENT placed in vault. (nm) (Entered: 03/11/2014) 03/11/2014 1534 LETTER by (S14-98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Attorney Stanley L. Cohen dated March 10, 2014 re: I am writing to advise Your Honor on the status of the review process, with regard to material submitted by Khalid Sheikh Mohammed, through his counsel, for classification review. As I indicated to the Court last week, the Department of Defense received his fourteen page statement at approximately noon on Thursday, 6 March. On Friday afternoon I checked with AUSA LaMorte, who as you know has been assigned as the "walled-off ' representative of Department of Justice, with regard to this issue. Ms. LaMorte has advised me that she expects the review process to be complete by sometime the end of this week. (bw) (Entered: 03/11/2014) 03/11/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/11/2014. Trial continued and adjourned to 3/13/14. (jbo) (Entered: 03/12/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 322/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 03/12/2014 1535 MOTION in Limine To Admit Defendant's Statement To Law Enforcement Without Modification. Document filed by Sulaiman Abu Ghayth. (Attachments: # 1 Exhibit A) (Dolan, Zoe) (Entered: 03/12/2014) 03/12/2014 1536 MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1535 MOTION in Limine To Admit Defendant's Statement To Law Enforcement Without Modification.. (Cronan, John) (Entered: 03/12/2014) 03/13/2014 1537 ORDER denying 1535 Motion in Limine as to Sulaiman Abu Ghayth (26) substantially for the reasons set forth in the government's memorandum of law in opposition to the motion. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/13/2014) (dnd) (Entered: 03/13/2014) 03/13/2014 1538 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 2/11/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2014. Redacted Transcript Deadline set for 4/17/2014. Release of Transcript Restriction set for 6/16/2014. (Rodriguez, Somari) (Entered: 03/13/2014) 03/13/2014 1539 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 2/11/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 03/13/2014) 03/13/2014 1540 Request To Charge by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 03/13/2014) 03/13/2014 1541 LETTER by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 13 March 2014 re: Objecting to Government's Request to Charge (Cohen, Stanley) (Entered: 03/13/2014) 03/13/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/13/2014. Trial continued. (jbo) (Entered: 03/19/2014) 03/14/2014 1542 ORDER denying 1466 Motion for Discovery as to Anas Al Liby (21). Defendant al Liby moves for additional discovery [DI 1466]. Defendant has not satisfied S.D.N.Y. Crim. R. 16.1, which is fatal to the motion. That rule provides that "[n]o motion addressed to... any discovery matter shall be heard unless counsel for the moving party files in or simultaneously with the moving papers an affidavit certifying that counsel has conferred with counsel for the opposing party in an effort in good faith to resolve by agreement the issues raised by the motion without the intervention of the Court and has been unable to reach agreement." No affidavit accompanies defendant's motion and apparently no such conference occurred. Defendant's motion for discovery is denied. (Signed by Judge Lewis A. Kaplan on 3/14/14) (jw) (Entered: 03/14/2014) 03/14/2014 1543 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re 1490 Memorandum & Opinion. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Affidavit Declaration in Support)(O'Connor, Barbara) Modified on 3/17/2014 (ka). (Entered: 03/14/2014) 03/14/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/14/2014. Trial continued. Government rested. Defendant moved under Rule 29 for a judgment of acquittal, which was denied by the Court. Trial adjourned until 3/17/14. (jbo) (Entered: 03/19/2014) 03/16/2014 1544 LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated Mar. 16, 2014 re: Preclude Expert Testimony. Document filed by United States of America as to Sulaiman Abu Ghayth. (Attachments: # 1 Exhibit McKinley CV)(Ferrara, Michael) (Entered: 03/16/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 323/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 03/16/2014 1545 MOTION to Take Deposition from Khalid Shaikh Mohammad pursuant to Rule 15. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 03/16/2014) 03/16/2014 1546 DECLARATION of Stanley L. Cohen in Support as to Sulaiman Abu Ghayth re: 1545 MOTION to Take Deposition from Khalid Shaikh Mohammad pursuant to Rule 15.. (Cohen, Stanley) (Entered: 03/16/2014) 03/16/2014 1548 MOTION for Release of Brady Materials by the Government and the United States Intelligence Community. Document filed by Sulaiman Abu Ghayth. (Attachments: # 1 Exhibit A)(Dolan, Zoe) (Entered: 03/16/2014) 03/17/2014 1549 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition by United States of America as to Sulaiman Abu Ghayth re: 1545 MOTION to Take Deposition from Khalid Shaikh Mohammad pursuant to Rule 15.. (Lewin, Nicholas) Modified on 3/17/2014 (ka). (Entered: 03/17/2014) 03/17/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Barbara Elizabeth O'Connor as to Khaled Al Fawwaz: to RE-FILE Document 1543 MOTION for Reconsideration re 1490 Memorandum & Opinion. MOTION for Reconsideration re 1490 Memorandum & Opinion. ERROR(S): Filing Error of Attachment. Supporting Declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents. (ka) (Entered: 03/17/2014) 03/17/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Nicholas James Lewin as to Sulaiman Abu Ghayth: to RE-FILE Document 1549 Response in Opposition to Motion. Use the document type Memorandum in Oppositon to Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 03/17/2014) 03/17/2014 1550 MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 1545 MOTION to Take Deposition from Khalid Shaikh Mohammad pursuant to Rule 15.. (Lewin, Nicholas) (Entered: 03/17/2014) 03/17/2014 1551 FIRST REPLY MEMORANDUM OF LAW in Support as to Anas Al Liby re: 1484 FIRST MOTION to Dismiss for Lack of Jurisdiction.. (Kleinman, Bernard) (Entered: 03/17/2014) 03/17/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/17/2014. Trial continued. Defense case began. (jbo) (Entered: 03/19/2014) 03/18/2014 1552 DECLARATION of David V. Kirby in Support as to Khaled Al Fawwaz re: 1543 MOTION for Reconsideration re 1490 Memorandum & Opinion,,,,. MOTION for Reconsideration re 1490 Memorandum & Opinion,,,,.. (O'Connor, Barbara) (Entered: 03/18/2014) 03/18/2014 1553 ORDER denying 1548 Motion for Release of Brady Materials as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 3/18/2014) (Kaplan, Lewis) (Entered: 03/18/2014) 03/18/2014 1554 ORDER granting 1264 Motion for Leave to File Excess Pages as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 3/18/2014) (Kaplan, Lewis) (Entered: 03/18/2014) 03/18/2014 1555 ORDER finding as moot 1544 LETTER MOTION preclude expert testimony as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 3/17/2014) (Kaplan, Lewis) (Entered: 03/18/2014) 03/18/2014 1556 ORDER finding as moot 1516 LETTER MOTION Defense Rule 15 motion as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 3/18/2014) (Kaplan, Lewis) (Entered: 03/18/2014) 03/18/2014 1557 ORDER finding as moot 1515 LETTER MOTION Defense Rulle 15 motion as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 3/18/2014) (Kaplan, Lewis) (Entered: 03/18/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 324/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 03/18/2014 1558 ORDER finding as moot 1513 LETTER MOTION Defense Motions as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 3/18/2014) (Kaplan, Lewis) (Entered: 03/18/2014) 03/18/2014 1559 ORDER finding as moot 1512 LETTER MOTION Defense motion as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 3/18/2014) (Kaplan, Lewis) (Entered: 03/18/2014) 03/18/2014 1560 ORDER finding as moot 1510 LETTER MOTION Defense motion as to Sulaiman Abu Ghayth (26). (Signed by Judge Lewis A. Kaplan on 3/18/2014) (Kaplan, Lewis) (Entered: 03/18/2014) 03/18/2014 1561 MEMO ENDORSEMENT denying 1545 MOTION to Take Deposition from Khalid Shaikh Mohammad pursuant to Rule 15. Document filed by (S14-98-Cr-1023) Sulaiman Abu Ghayth (26). ENDORSEMENT: The motion [DI 1545] is denied for reasons stated on the record in open count, subject to revision and rexpansion of the Court's reasoning by written opinion. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/18/2014) (bw) (Entered: 03/18/2014) 03/18/2014 1562 LETTER MOTION addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 18 March 2014 re: Leave to Renew and Re-Argue Rule 15 Application. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 03/18/2014) 03/18/2014 1563 LETTER RESPONSE in Opposition by United States of America as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Nicholas J. Lewin dated March 18, 2014 re: 1562 LETTER MOTION addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 18 March 2014 re: Leave to Renew and Re-Argue Rule 15 Application.. (Lewin, Nicholas) (Entered: 03/18/2014) 03/18/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/18/2014. Trial continued with oral argument on defendants motions only. Jury not present. Argument heard regarding defendants Brady motion (DI# 1548) which was DENIED by the Court. Argument heard regarding defendants Rule 15 motion (DI # 1545) which was DENIED by the Court. Argument heard regarding defendants character witness testimony. Trial adjourned to 3/19/14. (jbo) (Entered: 03/19/2014) 03/19/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/19/2014. 3/19/14 @ 9:30am Trial continued. (ajc) (Entered: 03/20/2014) 03/19/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Sulaiman Abu Ghayth held on 3/19/2014. 3/19/14 @ 5:15pm Conference held. Defendant Ghayth not present but attorneys Stanley Cohenand Zoe Dolan present. AUSAs Nicholas Lewin, Michael Ferrara, and John Cronan present. Court reporter Rebecca Forman present. Defendants presence waived for this conference. Defendant rested. Charge conference scheduled to be held on Thursday, 3/20/14 at 2:00pm. Closing arguments scheduled to be heard on Monday, 3/24/14 at 9:30am. Kaplan, J. (ajc) (Entered: 03/20/2014) 03/19/2014 As to Sulaiman Abu Ghayth: Status Conference (Charge Conference) set for 3/20/2014 at 02:00 PM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 3/19/2014) (ajc) (Entered: 03/20/2014) 03/20/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference /Charge conference held as to Sulaiman Abu Ghayth held on 3/20/2014 Defendants presence waived, but attorneys Zoe Dolan and Stanley Cohen present. AUSAs Michael Ferrara and Nicholas Lewin present. Court reporters Sam Mauro and Rebecca Forman present. (dnd) (Entered: 03/21/2014) 03/24/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/24/2014. Trial continued. Both the Defendant and the Government rested. Defendants Rule 29 motion renewed and Denied by the court. Closing arguments heard. (jbo) (Entered: 03/26/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 325/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 03/25/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/25/2014. Trial continued. Jury charged. Jury deliberations begun and continued to 3/26/14. (jbo) (Entered: 03/26/2014) 03/26/2014 1564 LETTER by United States of America as to (S14-98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from AUSAs John P. Cronan, Nicholas J. Lewin, Michael Ferrara, dated March 18, 2014 re: Pursuant to Your Honor's direction, made during the March 18, 2014 hearing in the above-captioned matter, the parties have conferred and jointly propose the following language for inclusion in the Court's Jury Instructions. This language would replace that which was set forth in the first paragraph of Request 25 ("Time of Crimes"), on page 38 of the Government's Proposed Request to Charge, dated February 26, 2014. (The remainder of the Government's Request Number 25 is not affected by this joint proposal; this proposed language regards only the first paragraph of that request.) (bw) (Entered: 03/26/2014) 03/26/2014 1565 MEMORANDUM AND ORDER WITH RESPECT TO DEFENDANT'S CLASSIFIED FEBRUARY 3, 2014 SUBMISSION, dated March 25, 2014. As to (S14-98-Cr-1023-26) Sulaiman Abu Ghayth. (bw) (Entered: 03/26/2014) 03/26/2014 1566 LETTER by United States of America as to Sulaiman Abu Ghayth addressed to Dear Counsel from John P. Cronan, Nicholas J. Lewin and Michael Ferrara dated 2/11/2014 re: We write in response to your February 4, 2014 Motion for an Order Compelling the United States Department of Defense to Allow Counsel Access to Detainee Khalid Sheikh Mohammed (the "Motion"). The Motion seeks an interview by defense counsel with Mohammed, who is currently held at Guantanamo Bay in the custody of the United States. The Government has worked to ensure that such an interview can go forward, provided that it is to be conducted by a properly cleared defense counsel, and subject to the following conditions: Document filed by United States of America. Defendant Sulaiman Abu Ghayth may not be present for the interview. The interview must take place at Guantanamo Bay, and may not be recorded. (jw) (Entered: 03/26/2014) 03/26/2014 1567 LETTER by United States of America as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Tara M. LaMorte dated 2/18/14 re: I am the Civil Division Assistant United States Attorney assigned to act as the "walled off' counsel in the above-referenced matter with respect to the issue of defendant Sulaiman Abu Ghayth's access to Khalid Sheikh Mohammed. Document filed by United States of America. (jw) (Entered: 03/26/2014) 03/26/2014 1568 LETTER by United States of America as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Stanley L. Cohen, Esq dated 2/25/2014 re: Counsel for the Defendant writes to request that the schedule set by Your Honor last week, both in term of the Rule 15 relief which we expect to seek, and the commencement of the trial be continued for one additional week, for the reasons to follow. Following our last appearance before the Court on Thursday, within moments of the conclusion of the hearing, counsel for Khalid Sheikh Mohammed, David Nevin, instructed his privilege team in Guantanamo Bay, to provide our questions to his client for the review to begin. Document filed by United States of America. In conclusion. I can assure Your Honor that all sides have worked as quickly as possible to facilitate and complete a very difficult procedure, and to achieve its goals with all due dispatch.Under these circumstances, counsel respectfully requests a continuance of one week in both tomorrow's deadline for Rule 15 application, and in current trial schedule as set by the Court. (jw) (Entered: 03/26/2014) 03/26/2014 1569 LETTER by United States of America as to Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Stanley L. Cohen, Esq dated 2/27/2014 re: During the course of yesterday, I received information that the final production of the interrogatories posed to Khalid Sheikh Mohammed and his answers had been delivered, for the detainee's review, to Guantanamo Bay through the normal legal mail channel long in place at the facility for use by counsel. Document filed by United States of America. I also learned that the document had not as yet been delivered to the detainee himself, and both the Government and I made efforts to expedite that process. Late last night, I received an email from Mr. Nevin, attached here for Your Honor's consideration, which bears out that thefinal document had been communicated yesterday morning to Mr. Mohammed but remained undelivered https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 326/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 throughout the day. My understanding is that the delivery process requires little more than a member of the JTF physically walking legal mail to the detainee, and requires little effort or time. Inexplicably, that routine, facility-wide process did not occur. Mr. Nevin expects the delivery to occur early this morning with a short turn-around time, at which point he will immediately file the final answers by Mr. Mohammed to the designated clearance team in Washington, DC. Unlike at Gitmo, service there in the capital does not, apparently, take any additional time, and the matter should resolve smoothly today. (jw) (Entered: 03/26/2014) 03/26/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sulaiman Abu Ghayth held on 3/26/2014. Trial continued. Jury deliberations continued and concluded. Verdict returned as Guilty as charged. PSI ordered. Sentencing scheduled for Monday, September 8, 2014 at 2:30pm. Defendant remained remanded. (jbo) (Entered: 03/26/2014) 03/26/2014 Order of Referral to Probation for Presentence Investigation and Report as to Sulaiman Abu Ghayth. (Signed by Judge Lewis A. Kaplan on 3/26/14)(jbo) (Entered: 03/26/2014) 03/26/2014 Set/Reset Hearings as to Sulaiman Abu Ghayth: Sentencing set for 9/8/2014 at 02:30 PM before Judge Lewis A. Kaplan. (jbo) (Entered: 03/26/2014) 03/26/2014 JURY VERDICT as to (S14-98-Cr-1023-) Sulaiman Abu Ghayth (26) Guilty on Count 1s,2s,3s. (bw) (Entered: 09/23/2014) 03/28/2014 1570 MEMORANDUM in Opposition by United States of America as to Khaled Al Fawwaz re 1543 MOTION for Reconsideration re 1490 Memorandum & Opinion,,,,. MOTION for Reconsideration re 1490 Memorandum & Opinion,,,,.. (Buckley, Sean) (Entered: 03/28/2014) 04/01/2014 1571 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/5/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1572 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/5/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1573 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/6/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1574 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/6/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1575 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/10/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 327/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1576 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/10/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1577 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/11/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1578 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/11/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1579 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/13/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1580 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/13/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1581 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/14/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1582 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/14/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1583 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/17/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 328/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1584 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/17/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1585 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/19/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1586 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/19/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1587 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/20/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1588 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/20/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1589 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/24/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1590 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/24/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1591 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/25/2014 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 329/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1592 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/25/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1593 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Trial held on 3/26/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1594 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Trial proceeding held on 3/26/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/01/2014) 04/01/2014 1595 LETTER MOTION addressed to Judge Lewis A. Kaplan from Andrew Patel dated April 1, 2014 re: excuse client from conference. Document filed by Adel Abdel Bary. (Patel, Andrew) (Entered: 04/01/2014) 04/01/2014 1596 ORDER granting 1595 LETTER MOTION excuse defendant from attending as to Adel Abdel Bary (17). (Signed by Judge Lewis A. Kaplan on 4/1/2014) (Kaplan, Lewis) (Entered: 04/01/2014) 04/02/2014 1597 MEMORANDUM in Support by Sulaiman Abu Ghayth re 1545 MOTION to Take Deposition from Khalid Shaikh Mohammad pursuant to Rule 15.. (Attachments: # 1 Exhibit)(Cohen, Stanley) (Entered: 04/02/2014) 04/04/2014 1598 REPLY MEMORANDUM OF LAW in Support as to Khaled Al Fawwaz re: 1543 MOTION for Reconsideration re 1490 Memorandum & Opinion,,,,. MOTION for Reconsideration re 1490 Memorandum & Opinion,,,,.. (O'Connor, Barbara) (Entered: 04/04/2014) 04/08/2014 1599 ORDER as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. The Court has scheduled a status conference on April 16, 2014 at 2:00pm regarding the above captioned defendants. Counsel for all three defendants have submitted letters waiving their clients presence. Accordingly, the defendants are excused from attending the conference. (Signed by Judge Lewis A. Kaplan on 4/8/14)(jw) (Entered: 04/08/2014) 04/10/2014 1600 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 2/13/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Greenblum, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/5/2014. Redacted Transcript Deadline set for 5/15/2014. Release of Transcript Restriction set for 7/14/2014. (Rodriguez, Somari) (Entered: 04/10/2014) 04/10/2014 1601 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 330/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 hereby given that an official transcript of a Conference proceeding held on 2/13/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 04/10/2014) 04/14/2014 1602 SEALED DOCUMENT placed in vault. (mps) (Entered: 04/14/2014) 04/14/2014 1603 SEALED DOCUMENT placed in vault. (mps) (Entered: 04/14/2014) 04/16/2014 1604 ORDER as to Khaled Al Fawwaz. Defendant al Fawwaz moves for reconsideration of those portions of the Court's Memorandum Opinion, dated February 18, 2014, that denied letters rogatory and Rule 15 depositions for Abdullah Anas, Dr. Mohammad al Massari, and Dr. Sa'ad al-Faqih. The Court is not persuaded by AI Fawwaz's attempts to reassert arguments he already made and to posit factual errors that, even had they occurred, would have been insignificant. The motion [DI 1543] is denied for the foregoing reasons as well as those set forth in the government's memorandum of law in opposition to the motion. (Signed by Judge Lewis A. Kaplan on 4/16/14)(jw) (Entered: 04/16/2014) 04/16/2014 1605 ORDER WITH RESPECT TO MOTION FOR MODIFICATION OF THE CLASSIFIED INFORMATION PROTECTIVE ORDER AND OTHER RELIEF as to Khaled Al Fawwaz. (Signed by Judge Lewis A. Kaplan on 4/15/14)(jw) (Entered: 04/16/2014) 04/16/2014 1606 SUPPLEMENTAL ORDER WITH RESPECT TO MOTION FOR MODIFICATION OF THE CLASSIFIED INFORMATION PROTECTIVE ORDER AND OTHER RELIEF as to Khaled Al Fawwaz. (Signed by Judge Lewis A. Kaplan on 4/15/14)(jw) (Entered: 04/16/2014) 04/16/2014 1607 ORDER WITH RESPECT TO JOINT MOTIONFOR ISSUANCE OF LETTERS ROGATORY as to Khaled Al Fawwaz, Adel Abdel Bary. (Signed by Judge Lewis A. Kaplan on 4/15/14)(jw) (Entered: 04/16/2014) 04/16/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Sulaiman Abu Ghayth held on 4/16/2014. Phone conference held. Defendant Sulaiman Abu Ghayth did not participate but attorney Stanley Cohen participated. AUSA Michael Ferrara participated. Court reporter Steve Griffing present. The Court Ordered defense counsel to file the questions posed to Khalid Sheikh Mohammed. Kaplan, J. (ajc) (Entered: 04/16/2014) 04/16/2014 1608 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MEMORANDUM in Support by Sulaiman Abu Ghayth re 1545 MOTION to Take Deposition from Khalid Shaikh Mohammad pursuant to Rule 15.. POST-TRIAL SUPPLEMENT TO EXHIBITS (Attachments: # 1 Exhibit PROPOSED INTERROGATORIES FOR RULE 15 WITNESS)(Cohen, Stanley) Modified on 4/17/2014 (ka). (Entered: 04/16/2014) 04/16/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary held on 4/16/2014. Defendant Fawwazs (15) presence was waived but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor were present. Defendant Barys (17) presence was waived but attorneys Andrew G. Patel, Lauren S. Kessler, and Julie de Almeida present. Defendant Anas al- Libys (21) presence was waived but attorney Bernard V. Kleinman present. AUSAs Sean Buckley, Adam Fee, and Stephen J. Ritchin present. Court reporter Carol Ganley present. Defendant Al Libys motions, other than regarding classified discovery, are due 6/1/14. Trial date remains scheduled for 11/3/14. (ajc) (Entered: 04/16/2014) 04/16/2014 As to Anas Al Liby: Motions due by 6/1/2014. (Signed by Judge Lewis A. Kaplan on 4/16/2014)(ajc) (Entered: 04/16/2014) 04/16/2014 1636 Memorandum and Order with respect to Motion For Modification of the Classified Information Protective Order dated April 15, 2014 as to Khaled Al Fawwaz. (jw) (Entered: 06/23/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 331/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 04/17/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney Stanley Lewis Cohen as to Sulaiman Abu Ghayth to RE-FILE Document 1608 Memorandum in Support of Motion. (ka) (Entered: 04/17/2014) 04/21/2014 1609 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Request for Clarification of Order With Respect to Joint Motion for Issuance of Letters Rogatory re 1607 Order. Document filed by Adel Abdel Bary. (Attachments: # 1 Text of Proposed Order Letters Rogatory to Courts of the United Kingdom)(Kessler, Lauren) Modified on 4/22/2014 (ldi). (Entered: 04/21/2014) 04/21/2014 1610 NOTICE OF ATTORNEY APPEARANCE: Linda Moreno appearing for Adel Abdel Bary. Appearance Type: CJA Appointment. (Moreno, Linda) (Entered: 04/21/2014) 04/21/2014 1611 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Opposition by United States of America as to Khaled Al Fawwaz re 1343 MOTION for Protective Order Modification, Requests for Information, and Enlargement of Time to File CIPA motions.. (Buckley, Sean) Modified on 4/22/2014 (ldi). (Entered: 04/21/2014) 04/22/2014 1612 MEMORANDUM OPINION #104233as to (S14-98-Cr-1023-26) Sulaiman Abu Ghayth. Defendant Sulaiman Abu Ghayth, a spokesman for Usama bin Laden and al Qaeda in the wake of the September 11, 2001 attacks on the World Trade Center and the Pentagon, was arrested abroad by U.S. authorities in 2013 and brought to this district. He ultimately was convicted by a jury of conspiring to kill United States nationals, conspiring to provide material support or resources, knowing or intending that they would be used in preparation for, or in carrying out, a conspiracy to kill United States nationals, and providing such material support or resources. During trial, and after the government had rested, Abu Ghayth moved to take the testimony of Khalid Sheikh Mohammed ("KSM"), who is detained as an enemy combatant at Guantanamo Bay, via live, closed circuit television ("CCTV") or, in the alternative, that his testimony be preserved through deposition pursuant to Rule 15 of the Federal Rules of Criminal Procedure. He argued principally that the so-called Richard Reid shoe-bomb plot played an important role in the government's case and that KSM could provide material, exculpatory evidence, viz. that Abu Ghayth did not have any foreknowledge of the plot. The Court denied the motion from the bench. Within hours of the denial, Abu Ghayth moved to renew and reargue. That motion too was denied from the bench. This opinion sets out the context of and bases for those rulings.... [See this Memorandum Opinion]... Conclusion: The Court denied Abu Ghayth's motions for CCTV testimony by or a Rule 15 deposition of Khalid Sheikh Mohammed and to renew or reargue the CCTV-Rule 15 motion [DI 1545, DI 1562] on the merits and, in the case of the former, as untimely, all as more fully explained above. The motion to compel access to KSM [DI 1468] is denied as moot. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/22/2014)(bw) Modified on 4/23/2014 (ca). (Entered: 04/22/2014) 04/22/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Lauren Sarah Kessler as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth: to RE-FILE Document 1609 MOTION Request for Clarification of Order With Respect to Joint Motion for Issuance of Letters Rogatory re 1607 Order. MOTION Request for Clarification of Order With Respect to Joint Motion for Issuance of Letters Rogatory re 1607 Order. ERROR(S): Incomplete document. NOTE: This document is only a cover page. No signature or s/. (ldi) (Entered: 04/22/2014) 04/22/2014 1613 ENDORSED LETTER as to Khaled Al Fawwaz (15), Adel Abdel Bary (17), Anas Al Liby (21), addressed to Judge Lewis A. Kaplan from AUSAs Sean S. Buckley, Stephen J. Ritchin, Adam Fee dated April 21, 2014 re: The Government respectfully writes, on behalf of all the parties and pursuant to the Court's April 16 oral order, to propose a single, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 332/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 coordinated schedule for filings pursuant to the Classified Information Procedures Act ("CIPA") in the above-referenced case. The parties propose that the Court adopt the following schedule for filings pursuant to CIPA: (i) the Government will file a motion pursuant to Section 4 relating to defendant al Liby by May 22, 2014; (ii) the defendants' Section 5(a) notice, to the extent such notices have not already been submitted, will be submitted 30 days after the Court rules on the Government's Section 4 motion; and (iii) any opposition to the defendants' Section 5(a) notice(s), and/or any motion pursuant to Section 6(a) will be submitted 45 days after the filing of the Section 5(a) notice(s). ENDORSEMENT: Proposed schedule adopted. The parties shall comply with it. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 4/22/2014)(bw) (Entered: 04/22/2014) 04/22/2014 1614 MOTION Substitute and Execute Proposed Letters Rogatory re 1490 Memorandum & Opinion,,,,. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Text of Proposed Order)(Kirby, David) (Entered: 04/22/2014) 04/22/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Sean Stephen Buckley as to Anas Al Liby, Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth: to RE-FILE Document 1611 Memorandum in Opposition to Motion. ERROR(S): Incomplete document. NOTE: This document is only a cover page. No signature or s/. (ldi) (Entered: 04/22/2014) 04/22/2014 1615 ENDORSED LETTER as to Khaled Al Fawwaz (15), Adel Abdel Bary (17), Anas Al Liby (21), addressed to Judge Lewis A. Kaplan from AUSAs Sean S. Buckley, Stephen J. Ritchin, Adam Fee, dated April 21, 2014 re: The Government respectfully writes to inform the Court that it takes no position with respect to the defendants' joint motion for issuance of letters rogatory. See Docket Entry No. 1609. ENDORSEMENT: Motion granted. (Signed by Judge Lewis A. Kaplan on 4/22/2014)(bw) (Entered: 04/22/2014) 04/22/2014 1616 LETTERS ROGATORY TO COURTS OF THE UNITED KINGDOM: as to (S7-98-Cr- 1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17). The District Court for the Southern District of New York, Judge Lewis R. Kaplan presiding, presents its greetings to the Central Authority of the United Kingdom and to the appropriate Court of the United Kingdom and asks assistance in executing this Letters Rogatory to the extent permissible under law. The Underlying Matter: This is a criminal case brought against Khalid Al Fawwaz and Adel Abdel Bary by the United States of America in this Court. Mr. Al Fawwaz and Mr. Abdel Bary are charged in an indictment with four counts of conspiring to kill Americans worldwide and destroy United States embassies and defense utilities. Mr. Abdel Bary is also charged in the indictment with numerous substantive counts. The case is in pre-trial proceedings at present. This Letters Rogatory stems from a request by counsel for Mr. Al Fawwaz and Mr. Abdel Bary for information which this Court has found is relevant and significant for their defense at trial....[See this document]... This Court has found that Mr. Al Fawwaz and Mr. Abdel Bary are unable to afford counsel. Thus, the Court has appointed counsel for them at government expense. This Court assures the Courts of the United Kingdom that government funds are available to pay the reasonable expenses, if any, incurred in executing this request on behalf of indigent defendants such as Mr. Al Fawwaz and Mr. Abdel Bary. The United States District Court present its compliments to the Courts of the United Kingdom and assures those Courts that it stands ready to provide any reciprocal assistance that those Courts might require to the extent permissible under law. (Signed by Judge Lewis A. Kaplan on 4/22/2014)(bw) (Entered: 04/22/2014) 04/23/2014 1617 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/23/2014) 04/24/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Sulaiman Abu Ghayth held on 4/24/2014. Defendant Sulaiman Abu Ghayth (26) did not participate but attorney Stanley Cohen participated. AUSAs Michael Ferrara and https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 333/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Nicholas Lewin participated. Court reporter Jennifer Thun present. Curcio hearing scheduled for 5/1/14 at 10:30am. (jbo) (Entered: 04/25/2014) 04/30/2014 LETTERS OF ROGATORY ISSUED as to Naomi Wood and Abdel Bari Atwan on 4/30/2014 for the United Kingdom as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth. (km) (Entered: 05/01/2014) 05/01/2014 1618 LETTER by United States of America as to Khaled Al Fawwaz, Adel Abdel Bary, Anas Al Liby addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 4/29/2014 re: The government respectfully writes to inform the Court that it takes no position with respect to the defendant Khalid al Fawwaz's motion for issuance of letters rogatory... Document filed by United States of America. (dnd) (Entered: 05/01/2014) 05/01/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio Hearing as to Sulaiman Abu Ghayth held on 5/1/2014. Curcio hearing begun and concluded. Defendant Sulaiman Abu Ghayth present with attorneys Stanley L. Cohen, Geoffrey St. Andrew Stewart, and Zoe Dolan. AUSAs Michael Ferrara and Nicholas Lewin present. Court reporter Bridget Lombardozzi present. Arabic interpreter Andr Codouni present. Defendant chose to keep Mr. Stanley Cohen as his attorney. Defendant remained remanded. Kaplan, J. (ajc) (Entered: 05/01/2014) 05/08/2014 1619 SEALED DOCUMENT placed in vault. (mps) (Entered: 05/08/2014) 05/09/2014 1620 ORDER: As to Anas Al Liby. Al Liby moved by letter to extend the deadline to submit any motions other than those arising out of classified discovery. The application is granted to the extent that al Liby shall submit any motions, except those arising out of classified discovery, on or before June 23, 2014.It is denied in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/9/2014)(dnd) (Entered: 05/09/2014) 05/16/2014 1621 TRANSCRIPT of Proceedings as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary re: Conference held on 4/16/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/9/2014. Redacted Transcript Deadline set for 6/19/2014. Release of Transcript Restriction set for 8/18/2014. (Rodriguez, Somari) (Entered: 05/16/2014) 05/16/2014 1622 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Conference proceeding held on 4/16/14 has been filed by the court reporter/transcriber in the above- captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 05/16/2014) 05/19/2014 1623 SEALED DOCUMENT placed in vault. (rz) (Entered: 05/19/2014) 05/19/2014 1624 SEALED DOCUMENT placed in vault. (rz) (Entered: 05/20/2014) 05/21/2014 1625 UNSEALING ORDER as to (S14-98-Cr-1023(LAK), 12 Mag. 3351) Sulaiman Abu Ghayth (26). Upon the application of the United States, it is ORDERED that Complaint 12 Mag. 3351 and its associated arrest warrant be and hereby are UNSEALED. (Signed by Judge Lewis A. Kaplan on 3/31/2014)(bw) (Entered: 05/21/2014) 05/22/2014 1626 SEALED DOCUMENT placed in vault. (rz) (Entered: 05/22/2014) 05/22/2014 1627 SEALED DOCUMENT placed in vault. (rz) (Entered: 05/22/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 334/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 05/22/2014 1628 MEMORANDUM & OPINION as to Anas Al Liby re: 1484 FIRST MOTION to Dismiss for Lack of Jurisdiction filed by Anas Al Liby. Anas al Liby, an alleged member of al Qaeda, is charged with, among other things,conspiring with Usama Bin Laden and others to kill Americans abroad by, among other means,bombing the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, bombings in which 224 people reportedly were killed and many more injured. A fugitive for many years, al Liby recently was apprehended in Libya and produced in this Court for prosecution on the indictment. Al Liby now moves to dismiss the indictment for lack of jurisdiction on the grounds that his apprehension and treatment prior to being presented to this Court violated (1) the Ker- Frisbie doctrine, (2) the Posse Comitatus Act, and (3) international treaties. The basis of the motion is a declaration from al Libys attorney alleging the following facts upon information and belief. There is no claim that counsel has personal knowledge of any of the matters discussed... For the foregoing reasons, al Libys motion to dismiss the indictment for lack of jurisdiction [DI 1484] is denied in all respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/22/2014)(dnd) (Entered: 05/22/2014) 05/22/2014 1629 ORDER as to Sulaiman Abu Ghayth. At the May 1, 2014 hearing attorney Stanley Cohen relayed the defendant's request to advance his sentencing date. Accordingly, the September 8, 2014 sentencing date is advanced to to July 22, 2014 at 10:00am. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/22/2014)(dnd) (Entered: 05/22/2014) 05/29/2014 1630 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Conference held on 5/1/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/23/2014. Redacted Transcript Deadline set for 7/3/2014. Release of Transcript Restriction set for 9/2/2014. (Rodriguez, Somari) (Entered: 05/29/2014) 05/29/2014 1631 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Conference proceeding held on 5/1/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 05/29/2014) 06/10/2014 1633 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/11/2014) 06/16/2014 1634 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - SECOND MOTION for Discovery Filed by Court Security Officer. Document filed by Anas Al Liby. (Kleinman, Bernard) Modified on 6/17/2014 (ka). (Entered: 06/16/2014) 06/16/2014 1635 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Take Deposition from Classified Filed by Court Security Officer. Document filed by Anas Al Liby. (Kleinman, Bernard) Modified on 6/17/2014 (ka). (Entered: 06/16/2014) 06/17/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bernard V. Kleinman as to Anas Al Liby: to RE- FILE Document 1634 SECOND MOTION for Discovery Filed by Court Security Officer. ERROR(S): Attorney's Signature page missing from document. (ka) (Entered: 06/17/2014) 06/17/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bernard V. Kleinman as to Anas Al Liby: to RE- FILE Document 1635 FIRST MOTION to Take Deposition from Classified Filed by Court Security Officer. ERROR(S): Incomplete PDF. Missing pages, including attorney's signature page. (ka) (Entered: 06/17/2014) 06/24/2014 1637 SEALED DOCUMENT placed in vault. (mps) (Entered: 06/24/2014) 06/27/2014 1638 [FILED UNDER SEAL WITH THE CLASSIFIED INFORMATION SECURITY OFFICER] ORDER WITH RESPECT TO THE GOVERNMENT'S CLASSIFIED MAY https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 335/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 22, 2014 SUBMISSION, dated June 27, 2014: as to (S10-98-Cr-1023-21) Anas Al Liby. (Signed by Judge Lewis A. Kaplan on 6/27/2014)(bw) (Entered: 06/27/2014) 06/27/2014 1639 [FILED UNDER SEAL WITH THE CLASSIFIED INFORMATION SECURITY OFFICER] ORDER WITH RESPECT TO THE GOVERNMENT'S CLASSIFIED JUNE 6, 2014 SUBMISSION, dated June 27, 2014: as to (S7-98-Cr-1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17). (Signed by Judge Lewis A. Kaplan on 6/27/2014)(bw) (Entered: 06/27/2014) 07/07/2014 1640 ENDORSED LETTER as to (S10-98-Cr-1023-21) Anas Al Liby addressed to Judge Lewis A. Kaplan from Attorney Bernard V. Kleinman dated July 7, 2014 re: Counsel for the above-named Defendant currently has three motions outstanding: 1. Motion pursuant to Rule 16; 2. Motion pursuant to Rule 15; 3. Motion seeking Defendant's severance from the scheduled trials of co-defendants Bary and Fawwaz.... As visits with the Defendant necessitate travel to North Carolina, and a two-day period out of my office, I would respectfully request that Defendant be granted until Monday, July 14th, 2014 to file his Replies on all of the above-referenced Motions. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 7/7/2014)(bw) (Entered: 07/07/2014) 07/07/2014 1641 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Extension of Time to File Response/Reply as to 1634 SECOND MOTION for Discovery Filed by Court Security Officer., 1635 FIRST MOTION to Take Deposition from Classified Filed by Court Security Officer. & Motion for Severance. Document filed by Anas Al Liby. (Kleinman, Bernard) Modified on 7/8/2014 (ka). (Entered: 07/07/2014) 07/08/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Bernard V. Kleinman as to Anas Al Liby: to RE-FILE Document 1641 FIRST MOTION for Extension of Time to File Response/Reply as to 1634 SECOND MOTION for Discovery Filed by Court Security Officer., 1635 FIRST MOTION to Take Deposition from Classified Filed by Court Security Officer & Motion. Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 07/08/2014) 07/08/2014 1642 FIRST LETTER MOTION addressed to Judge Lewis A. Kaplan from Attorney Kleinman dated 07/07/2014 re: 1634 SECOND MOTION for Discovery Filed by Court Security Officer., 1635 FIRST MOTION to Take Deposition from Classified Filed by Court Security Officer. re: Extension of time to file Reply on/before 07/14/2014. Document filed by Anas Al Liby. (Kleinman, Bernard) (Entered: 07/08/2014) 07/08/2014 1643 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT MOTION to Continue Sentence Date. Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) Modified on 7/8/2014 (ka). (Entered: 07/08/2014) 07/08/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Stanley Lewis Cohen as to Sulaiman Abu Ghayth: to RE-FILE Document 1643 CONSENT MOTION to Continue Sentence Date. Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 07/08/2014) 07/08/2014 1644 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 7/8/14 re: Continue Sentence . Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 07/08/2014) 07/09/2014 1645 ENDORSED LETTER as to (98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Attorney Stanley L. Cohen dated July 8, 2014 re: I write with the consent of the Government to request a continuance in the sentence date presently set in the above matter, 22 July 2014. ENDORSEMENT: Defendant in this case was convicted on March 26, 2014. Sentencing was set for September 8, 2014. Just over two weeks later, on April14, 2014, defendant's counsel, Mr. Cohen, pled guilty in the Northern District of New York to a felony pursuant to a plea agreement that contained an agreement to a specific sentence of imprisonment and that is conditioned on the acceptance by the judge of that court of the agreement. According to the docket sheet, sentencing was set for August 21, 2014, and the docket sheet does not reflect acceptance of the conditional plea. The Court has been provided also with a copy of the plea minutes of April 14, 2014, which, if correct, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 336/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 reflect a sentencing date of October 21, 2014. This Court subsequently held a Curcio hearing on May 1, 2014, at which defendant made plain his desire to be represented by Mr. Cohen at sentencing, notwithstanding Mr. Cohen's conviction, and waived any conflicts in that regard. On the same date, defendant, through counsel, requested that his sentencing be advanced by about a month. In due course, it was rescheduled for July 22. Now defendant moves to postpone the sentence until after September 4. At this point, it is not entirely clear whether Mr. Cohen would be available to represent the defendant through sentencing if the sentencing in this case were postponed until after September 4. If the Northern District docket sheet is correct in indicating that Mr. Cohen is to be sentenced on August 21, 2014, and the judge in that court accepts the conditional plea, he may be in prison and perhaps have been disbarred or suspended. If, on the other hand, the plea agreement then were rejected, Mr. Cohen's availability in this case might be affected adversely as the Northern District case, which was trial ready when the conditional plea was taken, proceeded to trial. Of course, these possibilities (and any risk that a postponement of Abu Ghayth's sentencing might affect the schedule in the Northern District) apparently would not exist if Mr. Cohen's sentencing in fact has been set for October 21, 2014. In the circumstances, the present application is denied without prejudice to renewal, on or before July 15, 2014, on a more satisfactory showing and on notice to the United States Attorney for the Northern District of New York. (Signed by Judge Lewis A. Kaplan on 7/9/2014)(bw) (Entered: 07/09/2014) 07/11/2014 1646 ORDER WITH RESPECT TO THE GOVERNMENT'S CLASSIFIED JULY 7, 2014 LETTER SUBMISSION, dated July 10, 2014 as to Anas Al Liby. (ft) (Entered: 07/11/2014) 07/14/2014 1647 SEALED DOCUMENT placed in vault. (mps) (Entered: 07/14/2014) 07/14/2014 1648 FILING ERROR - INCOMPLETE PDF FILE ASSOCIATED WITH DOCKET ENTRY - FIRST REPLY MEMORANDUM OF LAW in Support as to Anas Al Liby re: 1634 SECOND MOTION for Discovery Filed by Court Security Officer., 1635 FIRST MOTION to Take Deposition from Classified Filed by Court Security Officer. Classified Filing. (Kleinman, Bernard) Modified on 7/15/2014 (ka). (Entered: 07/14/2014) 07/15/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney Bernard V. Kleinman as to Anas Al Liby to RE-FILE Document 1648 Reply Memorandum of Law in Support of Motion. (ka) (Entered: 07/15/2014) 07/15/2014 1649 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Stanley L. Cohen dated 7/15/14 re: Renew Request for Continuance of Sentence . Document filed by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 07/15/2014) 07/15/2014 1650 ENDORSED LETTER as to Anas Al Liby addressed to Judge Lewis A. Kaplan from Ben Weiser dated 7/15/14 re: In a filing on July 7, 2014 (Docket #1642), Mr. al Liby's lawyer, Bernard V. Kleinman, said he would file by July 14 his "motion seeking Defendant's severance from the scheduled trials of co-defendants Bary and Fawwaz," along with motions related to Rules 15 and 16. An entry for the motions related Rules 15 and 16 is reflected on the docket(# 1648), but there is no entry showing a severance motion on July 14. The docket shows one entry for a sealed filing (#1647). To request that if the sealed filing is al Liby's motion for severance, that it be unsealed. ENDORSEMENT: The parties shall respond to this requests on or before July 21, 2014 at 10:30am and sooner if possible (Signed by Judge Lewis A. Kaplan on 7/15/14)(jw) Modified on 7/15/2014 (Mohan, Andrew). (Entered: 07/15/2014) 07/16/2014 1651 MEMORANDUM AND ORDER: as to (S10-98-Cr-1023-21) Anas Al Liby. The Government moves, ex parte, for a protective order pursuant to the Classified Information Procedures Act ("CIPA"), 18 U.S.C. app. 3 § 4, and Rule 16(d)(1) of the Federal Rules of Criminal Procedure, regarding disclosure of certain classified information in the government's possession. The government seeks a determination that the materials are not discoverable by the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963), or Fed. R. Crim. P. 16, and that they are not "relevant and helpful" under United States v. Aref, 533 F.3d 72, 78 (2d Cir. 2008)....[See this Memorandum And Order]... The Court has reviewed carefully the classified materials in question and the summary substitutions the government https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 337/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 proposes to provide to the defense in place of specific classified information. It has directed the government to supplement the summaries with information the Court found could be material to the defense. It has reviewed the government's supplemental submissions and now concludes that the summaries, as amended, provide al Liby with substantially the same ability to make his defense as would disclosure of the specific classified information. Accordingly, the Court now grants the government's motion by order of even date. As explained in the September 24, 2013 Order with respect to defendants Fawwaz and Bary [DI 1317], the Court need not at this point reach the issue of whether any materials must be disclosed under Brady. The motion and all papers submitted in connection therewith shall be filed under seal and maintained by the Court's Classified Information Security Officer designated in accordance with CIPA and the Security Procedures Established Pursuant to Pub. L. No. 96-456 by the Chief Justice of the United States. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/16/2014)(bw) (Entered: 07/16/2014) 07/16/2014 1652 PROTECTIVE ORDER WITH RESPECT TO CERTAIN DISCOVERY: as to (S10-98-Cr- 1023-21) Anas Al Liby. This matter came before the Court on the government's motion ("Government Motion"), exhibits, and the declarations of various government officials (collectively, "Government Submission"). The Government Submission was filed ex parte, in camera, and through the Court Security Officer, on May 22, 2014, as corrected on June 25, 2014. 1. The Government Submission sought a protective order, pursuant to Section 4 of the Classified Information Procedures Act ("CIPA") and Rule 16(d)(1) of the Federal Rules of Criminal Procedure, regarding disclosure of certain information. After ex parte, in camera consideration of the Government's Submission, this Court finds that the Government's Submission contains and describes classified information that requires protection against unauthorized disclosure. That information is described with particularity in the Government Submission....[See this Protective Order]... Accordingly, it is: ORDERED that the Government's motion for a protective order is granted, such that the Classified Information-1 through Classified Information-17, as defined in the Government Motion and described herein, does not need to be disclosed to the defense; and it is further ORDERED that the Government shall produce to cleared defense counsel Summaries-1 through Summaries-8, as defined in the Government Motion, as amended by the Government's July 7, 2014 and July 15, 2014 letters, and described herein; and it is further ORDERED that the Government's Submission is hereby sealed, and shall remain preserved in the custody of the Classified Information Security Officer, in accordance with established court security procedures, until further order of this Court. SO ORDERED in Chambers this 16 day of July, 2014. (Signed by Judge Lewis A. Kaplan on 7/16/2014)(bw) (Entered: 07/16/2014) 07/16/2014 1653 PROTECTIVE ORDER WITH RESPECT TO CERTAIN DISCOVERY: as to (98-Cr- 1023-) Khaled Al Fawwaz (15), Adel Abdel Bary (17), Anas Al Liby (21). WHEREAS, on September 24, 2013, the Court entered a protective Order pursuant to Section 4 of the Classified Information Procedures Act ("CIPA") and Rule 16(d)(1) of the Federal Rules of Criminal Procedure authorizing the Government to withhold certain classified information from the defense and/or provide summary substitutions to the defense in place of classified information [DI 1318]; WHEREAS, on June 6, 2014, the Government sought to modify the September 2013 Protective Order regarding disclosure of certain additional information; WHEREAS, in support of that application, the Government filed a supplemental letter motion (the "Government Supplemental Motion") ex parte, in camera, and through the Classified Information Security Officer, on June 6, 2014; WHEREAS, after ex parte, in camera consideration of the Government's Supplemental Motion, this Court finds that the Government's Submission contains and describes classified information that requires protection against unauthorized disclosure. That information is described with particularity in the Government Supplemental Motion, as amended by the Government's July 7, 2014 letter;...[See this Protective Order]... Accordingly, it is: ORDERED that the Government's Supplemental Motion for a protective order is granted, such that the Classified Information- A, as defined in the Government's Supplemental Motion and described herein, does not need to be disclosed to the defense; and it is further ORDERED that the Government shall produce to cleared defense counsel Summary-A, as amended by the Government's July 7, 2014 letter, and described herein; and it is further ORDERED that the Government's Supplemental Motion is hereby sealed, and shall remain preserved in the custody of the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 338/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Classified Information Security Officer, in accordance with established court security procedures, until further order of this Court. SO ORDERED in Chambers this 16 day of July, 2014. (Signed by Judge Lewis A. Kaplan on 7/16/2014)(bw) (Entered: 07/16/2014) 07/16/2014 1654 MEMORANDUM AND ORDER: as to (S10-98-Cr-1023-21) Anas Al Liby. Commencing at least as early as February 11, 2014, counsel for defendant al Liby, Bernard V. Kleinman, Esq., made certain disclosures to the Court and the government and requested that they be sealed in order to protect his client's privacy interests, a request that the Court granted on a well-established basis for doing so. He and the government subsequently have filed certain documents dealing with the same subject matter, including a motion by Mr. Kleinman to sever the trial of defendant al Liby from that of the other defendants and the government's response thereto. Mr. Kleinman now has reversed course and seeks to have all of the information of this character unsealed. The New York Times also requested the unsealing of the severance motion....[See this Memorandum And Order]... The information in question did not come to the Court's attention "solely to insure [its] irrelevance." Nonetheless, for the present, and subject to revision when all parties have been heard, the Court has concluded that the presumption of access has at least moderate and probably greater weight in this case. On the other hand, important interests are at stake in determining whether to unseal the materials in question. The defendant has a weighty privacy interest in the confidentiality of the information in question. And while that interest purportedly has been waived, an important unresolved issue remains as to whether the purported waiver was given with the advice of unconflicted counsel or, alternatively, whether any such conflict was knowingly and permissibly waived. The government too has an important stake in having a proper opportunity to be heard on this question. Accordingly, the Court finds that these competing considerations and higher values outweigh the presumption of public access for the limited period necessary to resolve the issues alluded to in a prompt and thorough manner. The materials will remain under seal pending further order of the Court.[* See Footnote 1 *]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/16/2014) [*** Footnote 1: Defendant shall file, under seal, on or before July 21, 2014, a list identifying each paper or portion thereof that he seeks to have unsealed. ***] (bw) (Entered: 07/16/2014) 07/16/2014 1655 MEMO ENDORSEMENT on 1649 CONSENT LETTER MOTION filed by Sulaiman Abu Ghayth (26), addressed to Judge Lewis A. Kaplan from Attorney Stanley L. Cohen dated 7/15/2014 re: Renew Request for Continuance of Sentence. ENDORSEMENT: The Northern District of New York yesterday reset the sentencing of defendant's attorney, Stanley L. Cohen, to September 5, 2014. Defendant's sentencing in this case is adjourned from July 22, 2014 until a date after September 4, 2014 as requested by Mr. Cohen -- specifically, defendant will be sentenced on September 23, 2014 at 9:30a.m. As Mr. Cohen has assured the Court that if he is unavailable for any reason, "Mr. Stewart [will] be in a position to advance our arguments at the sentencing hearing," no further adjournment will be granted absent good cause and circumstances not now foreseeable. All written submissions on behalf of the defendant shall be served and filed no later than August 13, 2014. Any written submissions on behalf of the government shall be served and filed no later than August 25, 2014. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/16/2014) (bw) (Entered: 07/16/2014) 07/16/2014 Set/Reset Deadlines/Hearings as to Sulaiman Abu Ghayth (26): Brief (Defendant's submissions) due by 8/13/2014. Responses (by Government) to Brief due by 8/25/2014. Sentencing set for 9/23/2014 at 09:30 AM before Judge Lewis A. Kaplan. (bw) (Entered: 07/16/2014) 07/16/2014 1656 FILING ERROR - INCOMPLETE PDF FILE ASSOCIATED WITH DOCKET ENTRY - MEMORANDUM in Opposition by United States of America as to Anas Al Liby re 1634 SECOND MOTION for Discovery Filed by Court Security Officer., 1635 FIRST MOTION to Take Deposition from Classified Filed by Court Security Officer., 1126 MOTION to Compel the Government to Produce Discovery In Connection With Mr. El- Hage's Re-Sentencing.. (Unclassified Halfsheet) (Lewin, Nicholas) Modified on 7/17/2014 (ka). (Entered: 07/16/2014) 07/17/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 339/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Attorney Nicholas James Lewin as to Anas Al Liby to RE-FILE Document 1656 Memorandum in Opposition to Motion. (ka) (Entered: 07/17/2014) 07/17/2014 1657 FIRST LETTER by Anas Al Liby addressed to Judge Lewis A. Kaplan from B. Kleinman dated 07/17/2017 re: Oppostion to Govt Curcio Motion (Kleinman, Bernard) (Entered: 07/17/2014) 07/17/2014 1658 SEALED DOCUMENT placed in vault. (mps) (Entered: 07/18/2014) 07/22/2014 1659 SEALED DOCUMENT placed in vault. (rz) (Entered: 07/22/2014) 07/22/2014 1660 ORDER as to (S10-98-CR-1023-21) Anas Al Liby: Denying 1635 LETTER MOTION to Take Deposition from Classified as to Anas Al Liby (21). On June 16, 2014, defendant filed with the Classified Information Security Officer a motion pursuant to Fed. R. Crim. P. 15 for an order authorizing the conduct of a deposition of a person whose identity remains classified. DI 1635. In order to obtain leave to conduct a deposition in a criminal case, a defendant must show that there are "exceptional circumstances" and that such a course would be "in the interest of justice." Fed. R. Crim. P. 15(a)(l). This standard is met where the "testimony is material to the case and... the witness is unavailable to appear at trial." United States v. Johnpoll, 739 F.2d 702, 709 (2d Cir. 1984). In this instance, defendant concedes that the witness is subject to the process of the Court and thus is available. Accordingly, the motion for a Rule 15 deposition [DI 1635] is denied. Any other issues that the parties have raised in connection with the litigation of this motion, if material, may be addressed in the event that the witness's appearance becomes a genuine possibility. (Signed by Judge Lewis A. Kaplan on 7/22/2014) (ft) (Main Document 1660 replaced on 7/23/2014) (bw). Modified on 7/23/2014 (bw). (Entered: 07/22/2014) 07/23/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary held on 7/23/2014. Conference held. Defendant Anas Al Liby (21) participated by video and attorney Bernard V. Kleinman present in person. Defendant Khaled Al Fawwaz (15) not present but attorneys Barbara E. OConnor and David V. Kirby present. Defendant Adel Abdel Bary (17) not present but attorneys Andrew Patel, Linda Moreno and Lauren Kessler present. Arabic interpreters Marwan Abdel Rachman and Fouad El Shiekh present. AUSAs Stephen J. Ritchin, Sean S. Buckley, Nicholas J. Lewin, and Adam Fee present. Court Reporter Carol Ganley present. Curcio hearing as to defendant Al Liby (21) scheduled for 8/14/14 at 12:00pm. Defendant remained detained at the BOP facility. Kaplan, J. (ajc) Modified on 8/13/2014 (Mohan, Andrew). (Entered: 07/31/2014) 07/23/2014 As to Anas Al Liby: Curcio Hearing set for 8/14/2014 at 12:00 PM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 7/23/2014) (ajc) Modified on 8/13/2014 (Mohan, Andrew). (Entered: 07/31/2014) 07/25/2014 1661 [FILED WITH THE CLASSIFIED INFORMATION SECURITY OFFICER] ORDER WITH RESPECT TO CLASSIFIED MOTION FOR DISCOVERY, dated July 25, 2014 as to (S10-98-Cr-1023-21) Anas Al Liby. (bw) (Entered: 07/25/2014) 07/25/2014 1662 ENDORSED LETTER as to (98-Cr-1023-21) Anas Al Liby addressed to Judge Lewis A. Kaplan from Assistant United States Attorneys, Sean S. Buckley, Adam Fee, Nicholas Lewin, Stephen J. Ritchin, dated July 25, 2014 re: In connection with the Court's request for the Government's position with respect to Anas al Liby's application to seal the two court exhibits created during Wednesday's Curcio hearing, the Government has been consulting with others in the United States Government. Those consultations remain ongoing. Accordingly, the Government respectfully requests an extension of time until Monday at noon for the Government to provide its position with respect to the sealing application. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/25/2014)(bw) (Entered: 07/25/2014) 07/28/2014 1663 LETTER from Ben Weiser of The New York Times addressed to Judge Lewis A. Kaplan dated 7/25/2014 Re: New York Times' request for permission to make a filing opposing sealing of the 7/23/2014 court exhibits before any such order is imposed. (Mohan, Andrew) (Entered: 07/28/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 340/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 07/28/2014 1664 LETTER from The United States of America as to Anas Al Liby addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 7/28/2014 Re: The Government's position with respect to Anas al Liby's application to seal the two court exhibits created during the 7/23/14 Curcio hearing. The government respectfully submits that the sealing application should be denied pursuant to the legal standards set for such applications. Document filed by United States of America. (Mohan, Andrew) (Entered: 07/28/2014) 07/28/2014 1665 LETTER by Anas Al Liby addressed to Judge Lewis A. Kaplan from Bernard V. Kleinman, Esq., dated 7/28/2014 Re: In response to the Government's position on unsealing the two court exhibits submitted on 7/23/2014, I will not further oppose the release of the information [in court exhibit A]. However, with regard to the identify of the specific persons named [in court exhibit B], I would request their identity not be made publicly available. (Mohan, Andrew) (Entered: 07/28/2014) 07/28/2014 1666 ORDER as to Anas Al Liby. During proceedings on July 23, 2014, the Court inquired of defendants attorney, Mr. Kleinman, as to the identity of the foreign governmental entity that has been paying for the defense of the defendant and as to the identities of individuals who dealt with Mr. Kleinman on behalf of the foreign entity. The defendant asked that the identities of the governmental entity and the individuals be sealed, so the Court had Mr. Kleinman write down their names and sealed the papers containing them, which were marked as Court Exhibits A and B, pending further submissions as to whether the documents should remain sealed. Copies of Court Exhibits A and B, received during the proceedings on July 23, 2014, are attached to this Order, which will be docketed publicly. (Signed by Judge Lewis A. Kaplan on 7/28/2014) (Attachments: # 1 Exhibit Court Exhibit A, # 2 Exhibit Court Exhibit B) (Mohan, Andrew) (Main Document 1666 replaced on 7/28/2014) (Mohan, Andrew). (Entered: 07/28/2014) 07/29/2014 1667 ORDER as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary setting the schedule for any anonymous jury motion with moving papers due 8/15/14, any oppositions due 8/29/14, any replies due 9/4/14, proposed questionnaire submissions due 9/10/14, jury panel reporting dates for questionnaire completion on 10/22-23/14, and 10 am on 10/29/14 as the deadline for lists to be generated from counsel's review of the completed questionnaires. (Signed by Judge Lewis A. Kaplan on 7/29/2014) (Mohan, Andrew) (Entered: 07/29/2014) 07/29/2014 1668 SEALED DOCUMENT placed in vault. (nm) (Entered: 07/29/2014) 07/29/2014 1669 SEALED DOCUMENT placed in vault. (nm) (Entered: 07/29/2014) 07/31/2014 1670 NOTICE OF ATTORNEY APPEARANCE: Jill R. Shellow appearing for Adel Abdel Bary. Appearance Type: CJA Appointment. (Shellow, Jill) (Entered: 07/31/2014) 08/01/2014 1671 MOTION to Sever Defendant and Sever Counts. Document filed by Adel Abdel Bary. (Attachments: # 1 Affidavit Declaration of Counsel)(Shellow, Jill) (Entered: 08/01/2014) 08/01/2014 1672 MEMORANDUM in Support by Adel Abdel Bary re 1671 MOTION to Sever Defendant and Sever Counts.. (Shellow, Jill) (Entered: 08/01/2014) 08/01/2014 1673 DECLARATION of Jill R. Shellow, Esq. in Support as to Adel Abdel Bary re: 1671 MOTION to Sever Defendant and Sever Counts.. (Shellow, Jill) (Entered: 08/01/2014) 08/01/2014 1674 FILING ERROR - DEFICIENT DOCKET ENTRY - SUPPLEMENTAL MOTION to Sever Defendant Khalid Al-Fawwaz and Motion for Severance of Counts And for Dual Juries. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Affidavit Attorney Declaration)(Sternheim, Bobbi) Modified on 8/1/2014 (ka). (Entered: 08/01/2014) 08/01/2014 1675 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by Khaled Al Fawwaz re 1674 SUPPLEMENTAL MOTION to Sever Defendant Khalid Al- Fawwaz and Motion for Severance of Counts And for Dual Juries.. (Sternheim, Bobbi) Modified on 8/1/2014 (ka). (Entered: 08/01/2014) 08/01/2014 1676 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUPPLEMENTAL MOTION to Sever Defendant & Dual Juries. Document filed by Anas Al Liby. (Kleinman, Bernard) Modified on 8/1/2014 (ka). (Entered: 08/01/2014) 08/01/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 341/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 ENTRY ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1674 SUPPLEMENTAL MOTION to Sever Defendant Khalid Al-Fawwaz and Motion for Severance of Counts And for Dual Juries. ERROR(S): Filing Error of Attachment#1. Supporting Declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents. (ka) (Entered: 08/01/2014) 08/01/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1675 Memorandum in Support of Motion. ERROR(S): Link to incorrect filing of document#1674. (ka) (Entered: 08/01/2014) 08/01/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Bernard V. Kleinman as to Anas Al Liby: to RE-FILE Document 1676 SUPPLEMENTAL MOTION to Sever Defendant & Dual Juries. Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 08/01/2014) 08/01/2014 1677 SUPPLEMENTAL LETTER MOTION addressed to Judge Lewis A. Kaplan from Bernard V. Kleinman dated 01 August 2014 re: 1386 Letter, 1647 Sealed Document re: Severance & Rule 13 . Document filed by Anas Al Liby. (Kleinman, Bernard) (Entered: 08/01/2014) 08/01/2014 1678 DECLARATION of Bobbi C. Sternheim in Support as to Khaled Al Fawwaz re: 1674 SUPPLEMENTAL MOTION to Sever Defendant Khalid Al-Fawwaz and Motion for Severance of Counts And for Dual Juries.. (Sternheim, Bobbi) (Entered: 08/01/2014) 08/01/2014 1679 TRANSCRIPT of Proceedings as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary re: Conference held on 7/23/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014. (Rodriguez, Somari) (Entered: 08/01/2014) 08/01/2014 1680 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Conference proceeding held on 7/23/14 has been filed by the court reporter/transcriber in the above- captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 08/01/2014) 08/03/2014 1681 SECOND MOTION to Take Deposition from Dr. Muhammad Al-Massari . Document filed by Khaled Al Fawwaz. (Kirby, David) (Entered: 08/03/2014) 08/03/2014 1682 DECLARATION of David V. Kirby in Support as to Khaled Al Fawwaz re: 1681 SECOND MOTION to Take Deposition from Dr. Muhammad Al-Massari .. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit C1, # 5 Exhibit C2, # 6 Exhibit C3, # 7 Exhibit C4, # 8 Exhibit D, # 9 Exhibit E1, # 10 Exhibit E2, # 11 Exhibit E3, # 12 Exhibit E4)(Kirby, David) (Entered: 08/03/2014) 08/05/2014 1683 MEMO ENDORSEMENT as to Adel Abdel Bary on the 7/31/14 and 8/4/14 letters of Linda Moreno to Judge Kaplan. Re: Ms. Moreno's request for an order allowing her to bring a phone into the courthouse so that she may photograph items in discovery review in the Attorney Room. "Standing Order M10-468 thus states the policy of the Court with respect to cell phone possession by attorneys in the Courthouse and its environs. It quite deliberately does not confer authority on individual judges to make exceptions." The application is denied. (Signed by Judge Lewis A. Kaplan on 08/05/2014)(Mohan, Andrew) (Entered: 08/05/2014) 08/14/2014 1684 SENTENCING SUBMISSION by Sulaiman Abu Ghayth. (Cohen, Stanley) (Entered: 08/14/2014) 08/14/2014 1685 MEMO ENDORSEMENT as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 342/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Letter dated 8/11/2014 from Bobbi C. Sternheim to Judge Kaplan on behalf of defendants Al Liby, Fawwaz, and Abdel Bary, requesting a 10 day extension of time to comply with CIPA Section 5 Notice filing deadline. Government consents to the modification of the schedule so that Defense filings by 8/25/14 and Government reply by 10/10/2014. Memo endorsed as Granted. (Signed by Judge Lewis A. Kaplan on 8/14/2014) (Mohan, Andrew) (Entered: 08/14/2014) 08/14/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio Hearing as to Anas Al Liby held on 8/14/2014. Defendant Anas Al Liby (21) present with attorney Bernard V. Kleinman. Defendant Khaled Al Fawwaz (15) not present but attorneys Bobbi C. Sternheim, Barbara E. OConnor and David V. Kirby present. Defendant Adel Abdel Bary (17) not present but attorneys Andrew Patel, Linda Moreno and Lauren Kessler present. Arabic interpreters Marwan Abdel Rachman and Fouad El Shiekh present. AUSAs Stephen J. Ritchin, Sean S. Buckley, Nicholas J. Lewin present. Court Reporter Sam Mauro present. Curcio hearing as to defendant Al Liby (21) begun and continued to 9/3/14 at 9:30am. Defendant remained detained. (jbo) (Entered: 08/14/2014) 08/14/2014 1728 CJA 20 as to Anas Al Liby: Appointment of Attorney Arnold Jay Levine for Anas Al Liby. (Appointed by Judge Lewis A. Kaplan on 8/15/14)(ade) (Entered: 09/25/2014) 08/15/2014 1686 ORDER: As to Anas Al Liby. CJA attorney Arnold Levine is appointed to consult with defendant Anas Al Liby in regards to the Curcio hearing begun on August 14, 2014 and continued to September 3, 2014 at 9:30am. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/15/2014)(dnd) (Entered: 08/15/2014) 08/15/2014 1687 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine for an Anonymous Jury and Related Protection Measures. Document filed by United States of America as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. (Lewin, Nicholas) Modified on 8/18/2014 (ka). (Entered: 08/15/2014) 08/15/2014 1688 MEMORANDUM in Opposition by United States of America as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary re 1671 MOTION to Sever Defendant and Sever Counts., 1674 SUPPLEMENTAL MOTION to Sever Defendant Khalid Al-Fawwaz and Motion for Severance of Counts And for Dual Juries., 1676 SUPPLEMENTAL MOTION to Sever Defendant & Dual Juries., 1677 SUPPLEMENTAL LETTER MOTION addressed to Judge Lewis A. Kaplan from Bernard V. Kleinman dated 01 August 2014 re: 1386 Letter, 1647 Sealed Document re: Severance & Rule 13 .. (Lewin, Nicholas) (Entered: 08/15/2014) 08/18/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Nicholas James Lewin as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary: to RE-FILE Document 1687 MOTION in Limine for an Anonymous Jury and Related Protection Measures. Use the document type Memorandum of Law in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 08/18/2014) 08/18/2014 1689 SEALED DOCUMENT placed in vault. (rz) (Entered: 08/18/2014) 08/18/2014 1690 SEALED DOCUMENT placed in vault. (rz) (Entered: 08/18/2014) 08/18/2014 1691 SEALED DOCUMENT placed in vault. (rz) (Entered: 08/18/2014) 08/18/2014 1692 MEMORANDUM in Opposition by United States of America as to Khaled Al Fawwaz re 1681 SECOND MOTION to Take Deposition from Dr. Muhammad Al-Massari .. (Buckley, Sean) (Entered: 08/18/2014) 08/21/2014 1693 FIRST MOTION for Discovery Pursuant to CIPA § 5. Document filed by Anas Al Liby. (Kleinman, Bernard) (Entered: 08/21/2014) 08/21/2014 1694 LETTER MOTION addressed to Judge Lewis A. Kaplan from John Cronan dated August 21, 2014 re: 10-Page Extension for the Government's Sentencing Brief . Document filed by United States of America as to Sulaiman Abu Ghayth. (Cronan, John) (Entered: 08/21/2014) 08/21/2014 1695 NOTICE of CIPA 5 as to Adel Abdel Bary (Kessler, Lauren) (Entered: 08/21/2014) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 343/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 08/22/2014 1696 REPLY MEMORANDUM OF LAW in Support as to Adel Abdel Bary re: 1671 MOTION to Sever Defendant and Sever Counts. . (Kessler, Lauren) (Entered: 08/22/2014) 08/22/2014 1697 ENDORSED LETTER as to (S14-98-Cr-1023-26) Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from AUSAs John P. Cronan, Nicholas J. Lewin, Michael Ferrara, dated August 21, 2014 re: The Government writes to respectfully request a 10-page extension of Your Honor's page limitation for its sentencing brief in the above-referenced case, so that the Government may submit a brief up to 45 pages in length. The additional pages are necessary to summarize the evidence presented at trial, to set forth the Government's position regarding the appropriate sentence, and to respond to certain arguments raised in the defense's sentencing submission. Stanley L. Cohen, Esq., attorney for the defendant, does not object to this request. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 8/22/2014)(bw) (Entered: 08/22/2014) 08/22/2014 1698 REPLY MEMORANDUM OF LAW in Support as to Khaled Al Fawwaz re: 1674 SUPPLEMENTAL MOTION to Sever Defendant Khalid Al-Fawwaz and Motion for Severance of Counts And for Dual Juries. . (Sternheim, Bobbi) (Entered: 08/22/2014) 08/25/2014 1699 SENTENCING SUBMISSION by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 08/25/2014) 08/25/2014 1700 NOTICE of of Intent to Introduce Classified Information at Trial and Discovery Request as to Khaled Al Fawwaz (Kirby, David) (Entered: 08/25/2014) 08/28/2014 1701 ENDORSED LETTER as to Adel Abdel Bary addressed to Judge Denise L. Cote from Andrew G. Patel dated 8/27/2014 re: Extension of Time to File. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/28/2014)(ft) (Entered: 08/28/2014) 08/28/2014 Set/Reset Deadlines/Hearings as to Adel Abdel Bary: Replies due by 9/12/2014. Responses due by 9/5/2014. (ft) (Entered: 08/28/2014) 08/28/2014 1702 REPLY MEMORANDUM OF LAW in Support as to Khaled Al Fawwaz re: 1681 SECOND MOTION to Take Deposition from Dr. Muhammad Al-Massari . . (Kirby, David) (Entered: 08/28/2014) 08/28/2014 1703 REPLY AFFIRMATION of David V. Kirby in Support as to Khaled Al Fawwaz re: 1681 SECOND MOTION to Take Deposition from Dr. Muhammad Al-Massari .. (Kirby, David) (Entered: 08/28/2014) 09/02/2014 1704 LETTER as to Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Debbie Price dated 8/15/2014 re: The United Kingdom Central Authority Document submits letter as a thank you for sending the above mentioned letters of request for mutual legal assistance, issued by you and received by the United Kingdom Central Authority (UKCA) on 8 November 2013, 26 February 2014, 6 May 2014 and 19 May 2014 respectively. (dnd) (Entered: 09/02/2014) 09/02/2014 1705 MEMO ENDORSEMENT as to Khaled Al Fawwaz. Defendant Khalid Al-Fawwaz waives his appearance at the 9/3/14 hearing. Approved by memo endorsement. (Signed by Judge Lewis A. Kaplan on 9/2/2014) (Mohan, Andrew) (Entered: 09/02/2014) 09/03/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio Hearing as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary held on 9/3/2014. Defendant Fawwaz (15) not present but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor were present. Defendant Bary (17) present with attorneys Andrew G. Patel, Lauren S. Kessler, and Linda Moreno. Defendant Anas al-Liby (21) present with attorneys Bernard V. Kleinman and CJA attorney Arnold J. Levine. Arabic interpreters Marwan Abdel Rahman and Fouad Elshiekh. Mr. Mukal Chawla, Q.C. present as was Ms. Sarah Dubs. AUSAs Sean Buckley, Stephen J. Ritchin, Adam Fee, and Nicholas Lewin present. Court reporter Samuel G. Mauro present. Curcio hearing as to defendant Al Liby was continued and concluded. The Court ruled that Mr. Kleinman can continue as counselto defendant Al Liby. All pending severance motions were denied. Defendants Al Liby and Abdel Bary remained in custody. Kaplan, J. (ajc) (Entered: 09/05/2014) 09/03/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 344/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary held on 9/3/2014. Classified hearing held. Defendant Fawwaz (15) not present but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor were present. Defendant Bary (17) not present but attorneys Andrew G. Patel, Lauren S. Kessler, and Linda Moreno present. Defendant Anas al-Liby (21)not present but attorney Bernard V. Kleinman present. Mr. Mukal Chawla, Q.C. present as was Ms. Sarah Dubs. AUSAs Sean Buckley, Stephen J. Ritchin, Adam Fee, and Nicholas Lewin present. Court reporter Samuel G. Mauro present. Kaplan, J. (ajc) (Entered: 09/05/2014) 09/04/2014 1706 ORDER as to (S7-98-Cr-1023-15) Khaled Al Fawwaz. Defendant al Fawwaz again moves pursuant to Rule 15 to depose Dr. Muhammad al Massari and for a letter rogatory. The Court assumes familiarity with its earlier decisions and therefore will not restate the legal standard or facts except as set forth herein....[See this Order]... Accordingly, the motion [DI 1681] is granted to the extent that counsel for al Fawwaz may depose al Massari under the following conditions: The deposition must be taken in London at or about the same time as the deposition of Abdel Bari Atwan. The subject matter of the deposition of al Massari is limited to al Fawwaz's discussion or discussions with al Massari, if any, within approximately 90 days after the 1996 Declaration. Each side will be afforded three hours to question the witness. Counsel shall submit promptly an agreed form of letter rogatory as to al Massari. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/4/2014)(bw) (Entered: 09/04/2014) 09/04/2014 1707 SEALED DOCUMENT placed in vault. (nm) (Entered: 09/04/2014) 09/05/2014 1708 REPLY MEMORANDUM OF LAW in Opposition as to Khaled Al Fawwaz re: 1687 MOTION in Limine for an Anonymous Jury and Related Protection Measures. . (Sternheim, Bobbi) (Entered: 09/05/2014) 09/05/2014 1709 MEMORANDUM in Opposition by Anas Al Liby re 1687 MOTION in Limine for an Anonymous Jury and Related Protection Measures.. (Kleinman, Bernard) (Entered: 09/05/2014) 09/05/2014 1710 MEMORANDUM in Opposition by Adel Abdel Bary re 1687 MOTION in Limine for an Anonymous Jury and Related Protection Measures.. (Patel, Andrew) (Entered: 09/05/2014) 09/09/2014 1711 FILING ERROR - INCOMPLETE PDF FILE ASSOCIATED WITH DOCKET ENTRY - FIRST MOTION to Take Deposition from [REDACTED] . Document filed by Anas Al Liby. (Kleinman, Bernard) Modified on 9/9/2014 (ka). (Entered: 09/09/2014) 09/09/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney Bernard V. Kleinman as to Anas Al Liby to RE-FILE Document 1711 FIRST MOTION to Take Deposition from [REDACTED]. (ka) (Entered: 09/09/2014) 09/10/2014 1712 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED EXAMINATION OF JURORS by Adel Abdel Bary. (Kessler, Lauren) Modified on 9/11/2014 (ka). (Entered: 09/10/2014) 09/10/2014 1713 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED EXAMINATION OF JURORS by United States of America as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al- 'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth. (Lewin, Nicholas) Modified on 9/11/2014 (ka). (Entered: 09/10/2014) 09/11/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Lauren Sarah Kessler as to Adel Abdel Bary: to RE-FILE Document 1712 Proposed Examination of Jurors. Use the document type Proposed Voir Dire Questions found under the document list Trial Documents. (ka) (Entered: 09/11/2014) 09/11/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Lewin, Nicholas as to Anas Al Liby, Mamdouh Mahmud Salim, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 345/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Muhsin Musa Matwalli Atwah, Sheikh Ahmed Salim Swedan, Fahid Mohammed Msalam, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Mustafa Mohamed Fadhil, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Abdullah Ahmed Abdullah, Saif Al Adel, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Jamal Ahmed Mohammed Ali Al-Badawi, Fahd Al-Quso, Sulaiman Abu Ghayth: to RE-FILE Document 1713 Proposed Examination of Jurors,,,. Use the document type Voir Dire Questions found under the document list Trial Documents. (ka) (Entered: 09/11/2014) 09/11/2014 1714 Proposed Voir Dire Questions by Adel Abdel Bary. (Kessler, Lauren) (Entered: 09/11/2014) 09/11/2014 1715 SEALED DOCUMENT placed in vault. (rz) (Entered: 09/11/2014) 09/15/2014 1716 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/16/2014) 09/17/2014 1717 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/18/2014) 09/18/2014 1718 ORDER as to Anas Al Liby. Given the belated and possibly untimely filing yesterday of defendant's motion to suppress and the scheduled start of the trial on November 3, 2014, the Court hereby establishes the following schedule for the motion: The government's opposition, if any, shall be filed no later than September 29, 2014. Defendant's reply, if any, shall be filed no later than October 7, 2014. The Court will hear oral argument on October 8, 2014 at 9:30a.m. In the event an evidentiary hearing is held, it will begin on October 15,2014 at 9:30 a.m. The Court will be available, if need be, also on October 16 in the event any hearing is not completed on October 15. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/18/2014)(dnd) (Entered: 09/18/2014) 09/19/2014 1719 (S15) SUPERSEDING INFORMATION (Felony) filed as to Adel Abdel Bary (17) count(s) 1sss, 2sss, 3sss. (jbo) (Entered: 09/22/2014) 09/19/2014 1720 WAIVER OF INDICTMENT by Adel Abdel Bary. (jbo) (Entered: 09/22/2014) 09/19/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Arraignment as to Adel Abdel Bary (17) Count 1sss,2sss,3sss held on 9/19/2014. Plea entered by Adel Abdel Bary (17) Guilty as to Count 1sss,2sss,3sss. Defendant Adel Abdel Bary present with attorneys Andrew G. Patel and Lauren Kessler as well as Julie De Almeida. AUSA's Sean Buckley, Nicholas J. Lewin, Stephen J. Ritchen, and Adam Fee present. Arabic interpreters Noureddine Charif and Fouad Elshiekh. Court reporter Sam Mauro present. Superseding Information 15 filed in open court. Defendant entered a plea of Guilty as charged in the (S15) Information. The guilty plea is accepted by the Court but the parties may make written submissions to the Court by Monday, 9/29/14 as to why the Court should accept the plea agreement. PSI was not ordered. No sentencing date was set. Defendant remained in custody. (jbo) (Entered: 09/22/2014) 09/22/2014 1721 LETTER by United States of America as to Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 9/17/2014 re: Government response in opposition to the 9/12/14 letter by Bobbi C. Sternheim, attorney to defendant Khalid Al Fawwaz, that requested the Court to broaden the 9/4/14 order regarding the deposition of Dr. Muhammad Al Massari. The Government requests that defendant Al Fawwaz's request be denied. Document filed by United States of America. (Mohan, Andrew) (Entered: 09/22/2014) 09/22/2014 1722 MEMO ENDORSEMENT as to Khaled Al Fawwaz. The 9/12/2014 letter by attorney Bobbi C. Sternheim, counsel to defendant Khalid Al Fawwaz, requesting the Court modify the 9/4/2014 Order regarding the deposition of Dr. Muhammad Al Massari is DENIED. (Signed by Judge Lewis A. Kaplan on 9/22/14) (Mohan, Andrew) (Entered: 09/22/2014) 09/22/2014 1723 MEMO ENDORSEMENT as to Anas Al Liby and Khaled Al Fawwaz. On the 9/19/2014 letter from the Government to Judge Kaplan requesting, with the consent of defendants Al Fawwaz and Al Liby, that regarding the schedule for filings pursuant to the Classified Information Procedures Act ("CIPA") the Government deadline for its Section 5 response and Section 6 filings be extended from Tuesday, 9/23/14 to Friday, 9/26/14 and the defendants' deadlines for their responsive filing be adjourned from Tuesday, 9/30/14 to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 346/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Friday, 10/3/2014 was GRANTED. Signed by Judge Lewis A. Kaplan on 9/22/2014) (Mohan, Andrew) (Entered: 09/22/2014) 09/22/2014 1724 MEMORANDUM in Opposition by United States of America as to Anas Al Liby re 1711 FIRST MOTION to Take Deposition from [REDACTED] .. (Lewin, Nicholas) (Entered: 09/22/2014) 09/23/2014 1725 MEMO ENDORSEMENT as to Anas Al Liby and Khaled Al Fawwaz. Letter dated 9/23/2014 by Bernard V. Kleinman and addressed to Judge Kaplan requesting that the defense CIPA reply date be moved to Monday 10/6/2014 memo endorsed as GRANTED. (Signed by Judge Lewis A. Kaplan on 9/23/2014) (Mohan, Andrew) (Entered: 09/23/2014) 09/23/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 9/23/2014 for (S14-98-Cr-1023-) Sulaiman Abu Ghayth (26) Count 1s,2s,3s. Defendant Sulaiman Abu Ghayth present with attorneys Stanley Cohen, Geoffrey Stewart, and Zoe Dolan along with paralegal Sarah Hogarth. AUSAs Michael Ferrara, John Cronan, and Nicholas J. Lewin present. Court reporter Rebecca Forman present. Arabic interpreters Marwan Abdel-Rahman and Fouad El Shiekh present. Defendant sentenced to LIFE on Count (S14)One, 15 years on Count (S14)Two, and 15 years on Count (S14)Three. The terms on Counts (S14)Two and (S14)Three to run consecutively with each other and concurrently with the term on Count (S14)One. In addition, the defendant shall pay the mandatory special assessment of $300 and forfeit to the United States all assets, foreign and domestic, derived from, involved in, and used in and intended to be used to commit a federal crime of terrorism against the United States, citizens and residents of the United States, and their property. The (S13)indictment is dismissed on motion of the Government. Defendant remained remanded. (bw) (Entered: 09/23/2014) 09/23/2014 DISMISSAL OF COUNTS on Government Motion as to Sulaiman Abu Ghayth (26) Count 1. (bw) (Entered: 09/23/2014) 09/23/2014 1726 JUDGMENT IN A CRIMINAL CASE as to (S14-98-Cr-1023) Sulaiman Abu Ghayth (26). Count(s) 1, Dismissed on motion of the United States. Found guilty on Count(s) 1s, Count(s) 2s, Count(s) 3s, after a plea of not guilty. Count(s) (S13) Indictment is dismissed on the motion of the United States. IMPRISONMENT: LIFE on Count (S14)One, 15 years on Count (S14)Two, and 15 years on Count (S14)Three. The terms on Counts (S14)Two and (S14)Three to run consecutively with each other and concurrently with the term on Count (S14)One. The defendant is remanded to the custody of the United States Marshal. Special Assessment of $300 which is due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: All assets, foreign and domestic, derived from, involved in, and used in and intended to be used to commit a federal crime of terrorism against the United States, citizens and residents of the United States, and their property. See the order signed 9/23/14. (Signed by Judge Lewis A. Kaplan on 9/23/2014)(jw) (Entered: 09/23/2014) 09/23/2014 1727 GENERAL ORDER OF FORFEITURE PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE as to Sulaiman Abu Ghayth. NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT As a result of the offenses charged in Counts One through Three of the Indictment, to which the defendant was found guilty, the defendant shall forfeit all assets foreign and domestic, derived from, involved in, and used and intended to be used to commit a federal crime of terrorism against the United States, citizens and residents of the United States, and their property. Pursuant to Federal Rule of Criminal Procedure 32.2(b) (4), upon entry of this General Order of Forfeiture, this General Order of Forfeiture is final as to the defendant, SULAIMAN ABU GHAYTH, a/k/a "Salman Abu Ghayth," and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith. The Court shall retain jurisdiction to enforce this General Order of Forfeiture, and to amend it as necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e). (Signed by Judge Lewis A. Kaplan on 9/23/14)(jw) (Entered: 09/23/2014) 09/26/2014 1729 ENDORSED LETTER as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Bobbi Sternheim dated 9/26/2014 re: Defense counsel writes to request an enlargement of time until October 10, 2014 to file any defense reply to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 347/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 the Government's CIPA filing now due on September 29th. ENDORSEMENT: The Government's CIPA filing shall be made on or before 9/29/2014. Any defense responses shall be made on or before 10/10/2014. The 10/7/2014 hearing date previously set for the CIPA matter is cancelled. The Court will advise the parties if any appearance will be required to deal with the Government's filing. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/26/2014)(dnd) Modified on 9/26/2014 (dnd). (Entered: 09/26/2014) 09/26/2014 Terminate Deadlines and Hearings as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary: (dnd) (Entered: 09/26/2014) 09/29/2014 1730 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/29/2014) 09/29/2014 1731 LETTER by Sarah Dubs, UK Central Authority Home Office, addressed to Judge Lewis A. Kaplan dated 9/29/2014 re: The letters rogatory dated 10/2/2013, 2/18/2014, 4/22/2014, and 4/30/2014. (Mohan, Andrew) (Main Document 1731 replaced on 9/29/2014) (Mohan, Andrew). (Entered: 09/29/2014) 09/29/2014 1732 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW by Adel Abdel Bary Post Plea Submission. (Patel, Andrew) Modified on 9/30/2014 (ka). (Entered: 09/29/2014) 09/29/2014 1733 FIRST REPLY MEMORANDUM OF LAW in Support as to Anas Al Liby re: 1711 FIRST MOTION to Take Deposition from [REDACTED] . Abdul Hakim Belhaj. (Kleinman, Bernard) (Entered: 09/29/2014) 09/29/2014 1734 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW by United States of America as to Adel Abdel Bary Post Plea Submission. (Buckley, Sean) Modified on 9/30/2014 (ka). (Entered: 09/29/2014) 09/29/2014 1735 MEMORANDUM OF LAW in Opposition by United States of America as to Anas Al Liby (Government's Opposition to Motion to Suppress Statements). (Attachments: # 1 Exhibit Declaration)(Buckley, Sean) (Entered: 09/29/2014) 09/30/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Andrew G. Patel as to Adel Abdel Bary: to RE-FILE Document 1732 Memorandum of Law. Use the document type Letter found under the document list Other Documents. (ka) (Entered: 09/30/2014) 09/30/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Sean Stephen Buckley as to Adel Abdel Bary: to RE-FILE Document 1734 Memorandum of Law. Use the document type Letter found under the document list Other Documents. (ka) (Entered: 09/30/2014) 09/30/2014 1736 LETTER by Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew Patel dated September 29, 2014 re: Post Plea Submission (Patel, Andrew) (Entered: 09/30/2014) 09/30/2014 1737 NOTICE OF APPEAL by Sulaiman Abu Ghayth from 1726 Judgment. (tp) (Entered: 09/30/2014) 09/30/2014 Appeal Remark as to Sulaiman Abu Ghayth re: 1737 Notice of Appeal - Final Judgment. $505.00 APPEAL FEE DUE. ATTORNEY RETAINED. (tp) (Entered: 09/30/2014) 09/30/2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Sulaiman Abu Ghayth to US Court of Appeals re: 1737 Notice of Appeal - Final Judgment. (tp) (Entered: 09/30/2014) 09/30/2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Sulaiman Abu Ghayth re: 1737 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (APPELLANT'S COUNSEL IS RESPONSIBLE FOR THE PHYSICAL SUPPLEMENTAL INDEX FOR ANY AND ALL NON-ECF DOCUMENTS, ONCE THE CASE IS OPENED IN THE SECOND CIRCUIT) (tp) (Entered: 09/30/2014) 09/30/2014 1738 ORDER as to Anas Al Liby, Khaled Al Fawwaz re: 1667 Order. In connection with the jury selection process the Court proposes to give the instruction attached hereto in draft form to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 348/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 each group before it is asked to complete the questionnaires. Any objection to the proposed instruction shall be filed no later than October 13, 2014. Also attached to this order is the questionnaire that will be used. (Signed by Judge Lewis A. Kaplan on 9/30/2014) (Attachments: #(1) Draft Instruction to Prospective Jurors, #(2)Juror Questionnaire) (Mohan, Andrew) (Entered: 09/30/2014) 09/30/2014 1739 MEMORANDUM OPINION #104844 as to (S7 and S15 98-Cr-1023-17) Adel Abdel Bary. Defendant Adel Abdel Bary was indicted in this Court in 2000 for, among other things, conspiring with Usama Bin Laden and others to kill Americans abroad by, among other means, bombing the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, bombings in which 224 people reportedly were killed and many more injured. The matter now is before the Court for decision on whether to accept or reject a plea agreement pursuant to which the government would dismiss the indictment pending against Abdel Bary in exchange for his plea of guilty to a three-count superseding information. The most important practical effect of the plea agreement, were it accepted, would be to limit the maximum term of imprisonment that might be imposed upon Abdel Bary to twenty-five years as compared to the maximum term of life imprisonment were he convicted of all or, indeed, some of the charges in the pending indictment....[See this Memorandum Opinion]... Conclusion: A prosecutor's determination whether to enter into a plea agreement that contemplates the dismissal of some charges in exchange for a plea of guilty to other, lesser charges is a discretionary function of the executive branch of our government. While a court has a role to play in accepting or rejecting such a bargain, that role is not simply to substitute its judgment for that of the prosecutor. The government's decision here was a reasonable one, well within the bounds of its proper function. This Court finds that the charges to which the defendant has pleaded guilty adequately reflect the seriousness of his actual offense behavior for the reasons discussed above and set forth in the government's submission, and that accepting the agreement in all of the circumstances will not undermine the statutory purposes of sentencing or the Sentencing Guidelines. The plea agreement, and defendant's plea of guilty, are accepted. The defendant is hereby informed that, to the extent the plea agreement is of the type specified in Rule 11(c)(1)(A), the agreed disposition will be included in the judgment. The case is set for sentencing on January 12, 2015 at 9:30 a.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/30/2014)(bw) Modified on 10/6/2014 (ca). (Entered: 09/30/2014) 09/30/2014 1740 MEMORANDUM OPINION #104843: as to (S7 and S10 98-Cr-1023) Khaled Al Fawwaz (15), Anas Al Liby (15). Defendants Khalid al Fawwaz and Anas al Liby are to be tried shortly for, among other things, allegedly conspiring to kill Americans abroad by, among other means, bombing the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. The government now moves for an anonymous jury and related juror protections....[See this Memorandum Opinion]... Conclusion: The government's motion for an anonymous jury [DI 1687] is granted in its entirety. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/30/2014)(bw) Modified on 10/6/2014 (ca). (Entered: 09/30/2014) 09/30/2014 1741 ORDER as to (S10-98-Cr-1023-21) Anas Al Liby. Defendant's motion to take the deposition of Abdul Hakim Belhaj pursuant to Rule 15 of the Federal Rules of Criminal Procedure [DI 1711] is denied. Even assuming that Belhaj would not be available - and the Court is unpersuaded of that, especially in light of defense counsel's failure even to claim that he asked Belhaj to testify at trial and was refused -- there has not been a sufficient showing that his deposition testimony would be material or exculpatory. That is so substantially for the reasons set forth in the government's memorandum of law in opposition to the motion. In addition, the motion was filed well after the June 23, 2014 deadline for the filing of such motions, DI 1620, and defendant has offered no excuse for the delay. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/30/2014)(bw) (Entered: 09/30/2014) 09/30/2014 2008 INTERNET CITATION NOTE as to Khaled Al Fawwaz: Material from decision with Internet citation re: 1740 Memorandum & Opinion. (Attachments: # 1 Internet Citation) (vf) (Entered: 03/17/2016) 10/06/2014 1742 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/06/2014) 10/06/2014 1743 FIRST MOTION to Suppress Statement. Document filed by Anas Al Liby. (Kleinman, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 349/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Bernard) (Entered: 10/06/2014) 10/06/2014 1744 REPLY MEMORANDUM OF LAW in Support as to Anas Al Liby re: 1743 FIRST MOTION to Suppress Statement. . (Kleinman, Bernard) (Entered: 10/06/2014) 10/07/2014 1745 TRANSCRIPT of Proceedings as to Adel Abdel Bary re: Plea held on 9/19/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/8/2015. (McGuirk, Kelly) (Entered: 10/07/2014) 10/07/2014 1746 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Adel Abdel Bary. Notice is hereby given that an official transcript of a Plea proceeding held on 9/19/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/07/2014) 10/07/2014 1747 TRANSCRIPT of Proceedings as to Sulaiman Abu Ghayth re: Sentence held on 9/23/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/8/2015. (McGuirk, Kelly) (Entered: 10/07/2014) 10/07/2014 1748 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sulaiman Abu Ghayth. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/23/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/07/2014) 10/07/2014 1749 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Suppress Statement. Document filed by Anas Al Liby. (Kleinman, Bernard) Modified on 10/7/2014 (ka). (Entered: 10/07/2014) 10/07/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bernard V. Kleinman as to Anas Al Liby: to RE- FILE Document 1749 FIRST MOTION to Suppress Statement. ERROR(S): Supporting Delcaration and Memorandum must be filed individually. Event codes located under Replies, Opposition and Supporting Documents. (ka) (Entered: 10/07/2014) 10/07/2014 1750 LETTER by Anas Al Liby addressed to Judge Lewis A. Kaplan from Bernard V Kleinman dated 07 Oct 2014 re: Trial continuance (Kleinman, Bernard) (Entered: 10/07/2014) 10/07/2014 1751 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Continue Commencement of Trial. Document filed by Khaled Al Fawwaz. (Sternheim, Bobbi) Modified on 10/8/2014 (ka). (Entered: 10/07/2014) 10/08/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1751 MOTION to Continue Commencement of Trial. Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 10/08/2014) 10/08/2014 1752 ORDER as to Anas Al Liby re: 1743 FIRST MOTION to Suppress Statement. filed by Anas Al Liby. The Court will conduct an evidentiary hearing on the motion of defendant al Liby to suppress evidence commencing at 9:45 a.m. on October 15, 2014. The time period with respect to which the Court will hear evidence shall be limited to the period from the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 350/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 defendants delivery to the custody of the FBI on October 12, 2013 to and including his request on October 13, 2013 for a lawyer. (Signed by Judge Lewis A. Kaplan on 10/8/2014) (Mohan, Andrew) (Entered: 10/08/2014) 10/08/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Motion Hearing as to Anas Al Liby held on 10/8/2014 re: 1743 FIRST MOTION to Suppress Statement filed by Anas Al Liby. Defendant Anas Al Liby (21) present with attorney Bernard V. Kleinman. Arabic interpreter Noureddine Charif present. AUSAs Stephen J. Ritchin, Sean S. Buckley, Nicholas J. Lewin, and Adam Fee present. Court Reporter Samuel G. Mauro present. Defendant remained detained. (jbo) (Entered: 10/09/2014) 10/08/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Anas Al Liby held on 10/8/2014. Defendant Anas Al Liby (21) present with attorney Bernard V. Kleinman. Defendant Khaled Al Fawwaz (15) not present but attorneys Bobbi Sternheim and David V. Kirby present. Arabic interpreter Noureddine Charif present. AUSAs Stephen J. Ritchin, Sean S. Buckley, Nicholas J. Lewin, and Adam Fee present. Court Reporter Samuel G. Mauro present. Court instructed counsel to be prepared to commence trial on 11/3/14, but decision on the request for a continuance of the trial is reserved till after receipt of a letter from defense counsel on this request. Defendant Al Liby (21) remained detained. (jbo) (Entered: 10/09/2014) 10/08/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Anas Al Liby, Khaled Al Fawwaz held on 10/8/2014. Classified hearing held. Defendant Anas Al-Liby (21) not present but attorney Bernard V. Kleinman present. Defendant Khalid Al Fawwaz (15) not present but attorneys David V. Kirby, Bobbi Sternheim, and Barbara OConnor present. AUSAs Stephen J. Ritchin, Sean S. Buckley, Nicholas J. Lewin, and Adam Fee present. Court Reporter Samuel G. Mauro present. (jbo) (Entered: 10/09/2014) 10/09/2014 1753 LETTER by Khaled Al Fawwaz, Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Sarah Dubs dated 10/6/14 re: Letters of Request dated 2 October 2013, 18 February 2014, 22 April 2014 and 30 April 2014 in the cases of Khalid Al Fawwaz and Adel Abdel Bary. I write now to give further reasons for our decision to refuse to accede to or execute the requests for mutual legal assistance contained in the above-mentioned letters of request date 2 October 2013, 18 February 2014 and 22 April 2014 insofar as they sought evidence held by the UK Security Service. (jw) (Entered: 10/09/2014) 10/10/2014 1754 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim, Esq. dated 10/7/14 re: Continuance of Trial . Document filed by Khaled Al Fawwaz. (Sternheim, Bobbi) (Entered: 10/10/2014) 10/14/2014 1755 B> FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION addressed to Judge Lewis A. Kaplan from LINDA MORENO dated 10/14/14 re: Withdrawal As Counsel.Document filed by Adel Abdel Bary. (Moreno, Linda) Modified on 10/15/2014 (ka). (Entered: 10/14/2014) 10/15/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Linda Moreno as to Adel Abdel Bary: to RE-FILE Document 1755 LETTER MOTION addressed to Judge Lewis A. Kaplan from LINDA MORENO dated 10/14/14 re: Withdrawal As Counsel. ERROR(S): Date of Letter missing from document. (ka) (Entered: 10/15/2014) 10/15/2014 1756 LETTER MOTION addressed to Judge Lewis A. Kaplan from Linda Moreno dated 10/15/14 re: Withdrawal As Counsel . Document filed by Adel Abdel Bary. (Moreno, Linda) (Entered: 10/15/2014) 10/15/2014 1757 ORDER granting 1756 LETTER MOTION MOTION OF LINDA MORENO TO BE RELIEVED as to Adel Abdel Bary (17). (Signed by Judge Lewis A. Kaplan on 10/15/2014) (Kaplan, Lewis) (Entered: 10/15/2014) 10/15/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Evidentiary Hearing as to Anas Al Liby held on 10/15/2014. Evidentiary hearing regarding Docket Item No. 1743 held. Defendant Anas al-Liby present with attorney Bernard Kleinman accompanied by Ms. Kip Bastedo, Esq. And Ms. Shelby Sullivan-Bennis. AUSAs Sean Buckley, Adam Fee, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 351/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Steven J. Ritchin, and Nicholas Lewis present. Arabic interpreters Kareem El Nemr and Noureddine Charif present. Court reporter Sam Mauro present. Courts decision RESERVED. (jbo) (Entered: 10/17/2014) 10/16/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Khaled Al Fawwaz held on 10/16/2014. Conference held in chambers regarding Docket Item No. 1754. Defendant Kahled Al Fawwaz (15) not present but attorneys Bobbi C. Sternheim, David Vance Kirby and Barbara Elizabeth OConner were present along with paralegal Julian Joslin. AUSAs Sean Buckley, Adam Fee, Steven J. Ritchin, and Nicholas Lewis present. Court reporter Sam Mauro present. Courts decision RESERVED. (jbo) (Entered: 10/17/2014) 10/20/2014 1758 MEMORANDUM in Support by Khaled Al Fawwaz re 1754 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim, Esq. dated 10/7/14 re: Continuance of Trial .. Memorandum concerning Letters Rogatory (Kirby, David) (Entered: 10/20/2014) 10/20/2014 1759 NOTICE OF ATTORNEY APPEARANCE: John Jerry Robinson appearing for Khaled Al Fawwaz. Appearance Type: CJA Appointment. (Robinson, John) (Entered: 10/20/2014) 10/20/2014 1760 NOTICE of Change of Address as to Khaled Al Fawwaz. New Address: Law Offices of Bobbi C. Sternheim, 33 West 19th Street -- 4th Floor, New York, NY, 10011, 212-243- 1100. (Robinson, John) (Entered: 10/20/2014) 10/21/2014 1761 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Support as to Khaled Al Fawwaz re: 1754 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim, Esq. dated 10/7/14 re: Continuance of Trial . . (Sternheim, Bobbi) Modified on 10/21/2014 (ka). (Entered: 10/21/2014) 10/21/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1761 Reply Memorandum of Law in Support of Motion. Use the document type Letter found under the document list Other Documents. (ka) (Entered: 10/21/2014) 10/21/2014 1762 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim, Esq. dated 10/21/14 re: Further Support of Motion for Continuance (Sternheim, Bobbi) (Entered: 10/21/2014) 10/21/2014 1763 FIRST MOTION PErmission to Wear Civilian Clothing at Trial . Document filed by Anas Al Liby. (Attachments: # 1 Supplement)(Kleinman, Bernard) (Entered: 10/21/2014) 10/22/2014 1764 TRANSCRIPT of Proceedings as to Anas Al Liby re: Hearing held on 10/15/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/23/2015. (McGuirk, Kelly) (Entered: 10/22/2014) 10/22/2014 1765 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby. Notice is hereby given that an official transcript of a Hearing proceeding held on 10/15/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/22/2014) 10/22/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Anas Al Liby, Khaled Al Fawwaz held on 10/22/2014. Defendant Fawwaz (15) not present but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor were present. Defendant Anas al-Liby (21) not present butattorney Bernard V. Kleinman present. AUSAs Sean S. Buckley, Nicholas J. Lewin,Stephen J. Ritchin, and Adam Fee present. Court https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 352/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 reporter Sam Mauro present. The11/3/14 trial is adjourned until 1/12/2015. A scheduling order will be issued.Kaplan, J. (ajc) (Entered: 10/22/2014) 10/22/2014 1766 ORDER as to (S7 and S10 98-Cr-1023-) Khaled Al Fawwaz (15), Anas Al Liby (21). 1. For the reasons stated on the record on October 22, 2014, the trial will commence January 12, 2015. 2. Prospective jurors will be summoned for the purpose of completing questionnaires on December 17 and 18, 2014. 3. Completed questionnaires will be made available to the government, copied by it, and copies furnished by it to defendant's counsel no later than 10 a.m. on December 19, 2014. 4. No later than 10 a.m. on December 30, 2014 the parties shall furnish a list to the Jury Department, in juror number order, of those prospective jurors whom they agree shall be excused from service in this case; a second list shall be furnished to Chambers of those prospective jurors who claimed a hardship or a prejudice about which the parties could not agree as to whether or not to excuse. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/22/2014)(bw) (Entered: 10/22/2014) 10/22/2014 1767 ORDER as to (S7 and S10 98-Cr-1023-) Khaled Al Fawwaz (15), Anas Al Liby (21). Defendants submitted notices of their intent to disclose classified information pursuant to Section 5(a) of the Classified Information Procedures Act ("CIPA"). The government requests, pursuant to Section 6(a) of CIPA, to address the use, relevance and admissibility of that classified information at an in camera hearing. It seeks also, pursuant to Section 6(b) of CIPA, an in camera hearing concerning classified information that the government intends to introduce in its case-i n-chief. Sections 6(a) and 6(c) of CIPA provide that a hearing must be held in camera if the Attorney General certifies to the Court that a public proceeding may result in the disclosure of classified information. The government submitted the declaration of John P. Carlin, the Assistant Attorney General in charge of the National Security Division of the United States Department of Justice, affirming that a public hearing on any part of this matter may result in the disclosure of classified information. Accordingly, an in camera hearing will take place on November 12 at 9:30 a.m. on the defendants' and the government's respective CIPA motions. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/22/2014)(bw) (Entered: 10/22/2014) 10/24/2014 1768 PROTECTIVE ORDER WITH RESPECT TO TESTIMONY AT IN CAMERA HEARING PURSUANT TO CIPA SECTION 6. FILED WITH THE CLASSIFIED INFORMATION SECURITY OFFICER. As to (S10-98-Cr-1023-) Khaled Al Fawwaz (15), Anas Al Liby (21), Khaled Al Fawwaz (15). KAPLAN, D.J.: dated October 22, 2014. (bw) (Entered: 10/24/2014) 10/24/2014 1769 PROTECTIVE ORDER WITH RESPECT TO TESTIMONY AT IN CAMERA HEARING PURSUANT TO CIPA SECTION 6. FILED WITH THE CLASSIFIED INFORMATION SECURITY OFFICER. As to (S10-98-Cr-1023-) Khaled Al Fawwaz (15), Anas Al Liby (21). KAPLAN, D.J.: dated October 22, 2014. (bw) (Entered: 10/24/2014) 10/28/2014 1770 SEALED DOCUMENT placed in vault. (rz) (Entered: 10/28/2014) 10/29/2014 1771 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/29/2014) 11/03/2014 1772 ORDER as to Anas Al Liby. Defendant Anas al Liby shall be permitted to wear civilian clothing during his trial. (Signed by Judge Lewis A. Kaplan on 11/3/2014) (Mohan, Andrew) (Entered: 11/03/2014) 11/04/2014 1774 SEALED DOCUMENT placed in vault. (nm) Modified on 11/5/2014 (nm). (Entered: 11/05/2014) 11/05/2014 1773 ORDER as to Anas Al Liby and Khaled Al Fawwaz. Counsel for any defendant who intends to call counsel's client as a witness at the CIPA hearing scheduled for November 12, 2014 shall notify the government immediately so that the defendant(s) to be called may be produced. (Signed by Judge Lewis A. Kaplan on 11/5/2014) (Mohan, Andrew) (Entered: 11/05/2014) 11/05/2014 USCA Appeal Fees received $ 505.00, receipt number 465401108944 as to Sulaiman Abu Ghayth on 11/4/2014 re: 1737 Notice of Appeal - Final Judgment filed by Sulaiman Abu Ghayth. USCA Case No. 14-3674-cr. (nd) (Entered: 11/05/2014) 11/07/2014 1775 ENDORSED LETTER as to (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 353/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Lewis A. Kaplan from Attorney Bobbi C. Sternheim/ David V. Kirby/ Barbara E. O'Connor, dated November 6, 2014 re: We write in response to the Court's order, dated November 5, 2014, directing counsel who intend to call their client as a witness at the CIPA hearing to notify the government immediately so that the defendant may be produced. Unless and until the Court modifies the CIPA protective order or the government declassifies material subject to that protective order, we are unable to make an informed decision whether to call Mr. Al Fawwaz as a witness. ENDORSEMENT: The Court notes, but does not adopt, acquiesce in, or approve counsel's position which it will deal with should the need arise. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 11/7/2014) (bw) (Entered: 11/07/2014) 11/07/2014 1776 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of John Robinson by Khaled Al Fawwaz re: 1137 Protective Order. Memorandum of Understanding Regarding Receipt of Classified Information (Robinson, John) Modified on 11/7/2014 (ka). (Entered: 11/07/2014) 11/07/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney John Jerry Robinson as to Khaled Al Fawwaz: to RE-FILE Document 1776 Declaration. Use the document type Memorandum of Law(non- motion) found under the document list Other Documents. (ka) (Entered: 11/07/2014) 11/07/2014 1777 MEMORANDUM OF LAW by Khaled Al Fawwaz re: 1137 Protective Order,,,,,,,, Memorandum of Understanding Regarding Receipt of Classified Information. (Robinson, John) (Entered: 11/07/2014) 11/10/2014 1778 LETTER concerning Defendant (98-Cr-1023-15) Khaled Al Fawwaz, and Defendant (98- Cr-1023-17) Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Sarah Dubs of United Kingdom Central Authority, Home Office (London), dated November 7, 2014 re: Letters of Request (Letters Rogatory) dated 2 October 2013, 18 February 2014, 22 April 2014 and 30 April 2014 In the cases of Khalid Al Fawwaz (a.k.a. Khaled Abdulrahman Hamad Al-Fawaz) and Adel Abdel Bary (Abdel Mohamed Abd-Al Bari). On September 3, 2014, in consequence of your kind invitation, I, together with Mukul Chawla QC appeared in the Southern District of New York. The portion of the proceedings in which Mr Chawla addressed the court were sealed. We respectfully ask that this Court maintain the transcript under seal with the exception that it is unsealed for the limited purpose of permitting the Home Office to reference the substance of those discussions in a closed submission to the High Court in London in connection with the Secretary of State's application for a Closed Material Procedure in the United Kingdom that relates to subjects discussed during the sealed portions of the September 3 proceeding. In all other respects, and for the reasons previously stated on the record on September 3, 2014, the Home Office respectfully requests that the transcript of those September 3 proceedings and the matters discussed during those proceedings remain under seal. (bw) (Entered: 11/10/2014) 11/10/2014 1779 ORDER as to (S7 and S10 98-Cr-1023-) Khaled Al Fawwaz (15), Anas Al Liby (21). Any response to the request, dated November 7, 2014, by the Home Office of the United Kingdom shall be served and filed no later than November 12, 2014. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/10/2014)(bw) (Entered: 11/10/2014) 11/12/2014 1780 ORDER as to Anas Al Liby and Khaled Al Fawwaz. The sealed transcript of the proceedings in this Court on September 3, 2014 is unsealed for the limited purpose of permitting the United Kingdom Home Office to reference the substance of those discussions in a closed submission to the High Court in London in connection with the Secretary of States application for a Closed Material Procedure in the United Kingdom that relates to subjects discussed during the sealed portions of the September 3 proceeding. (Signed by Judge Lewis A. Kaplan on 11/12/2014) (Mohan, Andrew) (Entered: 11/12/2014) 11/12/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Khaled Al Fawwaz (15), Anas Al Liby (21) held on 11/12/2014. Classified hearing held. Defendant Anas Al-Liby (21) not present but attorney Bernard V. Kleinman present. Defendant Khalid Al Fawwaz (15) not present but attorneys David V. Kirby, Bobbi Sternheim, and Barbara O'Connor present. AUSAs Stephen J. Ritchin, Sean S. Buckley, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 354/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Nicholas J. Lewin, and Adam Fee present. Court Reporter Carol Ganley present. (bw) (Entered: 11/12/2014) 11/24/2014 1781 ORDER: As to Khaled Al Fawwaz. IT IS HEREBY ORDERED that the following members of the defense team for Defendant Khalid Al Fawwaz are permitted to enter the Courthouses during off hours and Weekends to utilize Room 1402, which has been designated for their use, in 40 Foley Square and the SCIF located on the 9th Floor at 500 Pearl Street. BOBBI C. STERNHEIM, ESQ. DAVID V. KIRBY, ESQ. BARBARA E. O'CONNOR, ESQ. JOHN ROBINSON, ESQ. JULIAN E. JOSLIN, Paralegal. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/24/2014)(dnd) (Entered: 11/24/2014) 11/24/2014 1782 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/25/2014) 11/25/2014 1783 MEMORANDUM & OPINION #105009 as to Anas Al Liby, Khaled Al Fawwaz re: 1677 SUPPLEMENTAL LETTER MOTION addressed to Judge Lewis A. Kaplan from Bernard V. Kleinman dated 01 August 2014 re: 1386 Letter, 1647 Sealed Document re: Severance & Rule 13 filed by Anas Al Liby. Defendants Khalid al Fawwaz and Anas al Liby were indicted for, among other things, conspiring with Usama Bin Laden and others to kill Americans abroad by, among other means, bombing the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, bombings in which 224 people reportedly were killed and many more injured. This case is now before the Court on defendants renewed motions to sever or, alternatively, to empanel two juries... For the reasons as set forth in this Memorandum and Opinion, the defendant's have failed to demonstrate that a joint trial would compromise a specific trial right or prevent the jury from making a reliable judgment of guilt or innocence. The Court therefore has denied the motions [DI 1674, 1677] to sever or, in the alternative, to empanel multiple juries. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/25/2014)(dnd) Modified on 11/26/2014 (ca). (Entered: 11/25/2014) 11/25/2014 2006 INTERNET CITATION NOTE as to Khaled Al Fawwaz: Material from decision with Internet citation re: 1783 Memorandum & Opinion. (Attachments: # 1 Internet Citation, # 2 Internet Citation) (vf) (Entered: 03/01/2016) 11/26/2014 1784 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/26/2014) 11/26/2014 1785 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/26/2014) 12/01/2014 1786 ENDORSED LETTER as to Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Sarah Dubs dated 11/26/2014 re: Disclosure of transcript. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 12/1/2014)(ft) (Entered: 12/01/2014) 12/02/2014 1787 ENDORSED LETTER as to Anas Al Liby addressed to Judge Lewis A. Kaplan from Bernard V. Kleinman dated 12/3/2014 re: Extension of time to file the juror notices, from the currently calendared date of December 30, 2014, to Monday, January 5th, 2015. ENDORSEMENT: The time for filing/producing this material to the Clerks Office and Chambers is extended until NOON on 1/5/15 and no later. (Signed by Judge Lewis A. Kaplan on 12/2/2014)(ft) (Entered: 12/03/2014) 12/04/2014 1788 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/04/2014) 12/08/2014 1789 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/08/2014) 12/08/2014 1790 ORDER as to Khaled Al Fawwaz re: 1636 Remark filed by Khaled Al Fawwaz. The Memorandum and Order With Respect To Motion For Modification Of The Classified Information Protective Order, dated April 15, 2014, was filed with the Classified Information Security Officer ("CISO"). The Court has been advised by the CISO that the Memorandum and Order subsequently has been reviewed and now may be disclosed publicly. Accordingly, the Clerk shall file the attached copy of the Memorandum and Order in place of the half sheet [DI 1636]. SO ORDERED (Signed by Judge Lewis A. Kaplan on 12/8/14)(jw) (Entered: 12/08/2014) 12/08/2014 1791 ORDER as to Khaled Al Fawwaz. The Order With Respect To Motion For Modification Of The Classified Information Protective Order And Other Relief, dated April15, 2014, was filed with the Classified Information Security Officer ("CISO"). The Court has been advised https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 355/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 by the CISO that the Order subsequently has been reviewed and now may be disclosed publicly. Accordingly, the Clerk shall file the attached copy of the Order in place of the half sheet [DI 1605]. (Signed by Judge Lewis A. Kaplan on 12/8/14)(jw) (Entered: 12/08/2014) 12/08/2014 1792 ORDER as to Khaled Al Fawwaz re: 1606 Order. The Supplemental Order With Respect To Motion For Modification Of The Classified Information Protective Order And Other Relief, dated April 15, 2014, was filed under seal with the Classified Information Security Officer ("CISO"). The Court has been advised by the CISO that the Supplemental Order subsequently has been reviewed and now may be disclosed publicly. Accordingly, the Clerk shall file the attached copy of the Supplemental Order in place of the half sheet [DI 1606]. (Signed by Judge Lewis A. Kaplan on 12/8/14)(jw) (Entered: 12/08/2014) 12/08/2014 1793 ORDER as to Khaled Al Fawwaz, Adel Abdel Bary re: 1607 Order. The Order With Respect To Joint Motion For Issuance of Letters Rogatory, dated April 15, 2014, was filed with the Classified Information Security Officer ("CISO"). The Court has been advised by the CISO that the Order subsequently has been reviewed and now may be disclosed publicly. Accordingly, the Clerk shall file the attached copy of the Order in place of the half sheet [DI 1607]. (Signed by Judge Lewis A. Kaplan on 12/8/14)(jw) (Entered: 12/08/2014) 12/08/2014 1794 ORDER as to Anas Al Liby re: 1661 Order. The Order With Respect To Classified Motion For Discovery, dated July 25, 2014, was filed with the Classified Information Security Officer ("CISO"). The Court has been advised by the CISO that the Order subsequently has been reviewed and now may be disclosed publicly. Accordingly, the Clerk shall file the attached copy of the Order in place of the half sheet [DI 1661]. (Signed by Judge Lewis A. Kaplan on 12/8/14)(jw) (Entered: 12/08/2014) 12/09/2014 1795 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/09/2014) 12/10/2014 1796 ORDER as to Anas Al Liby and Khaled Al Fawwaz re: 1740 Memorandum & Opinion. The United States Marshal for the Southern District of New York shall provide the anonymous jurors transportation to-and-from the courthouse. (Signed by Judge Lewis A. Kaplan on 12/10/2014) (Mohan, Andrew) (Entered: 12/10/2014) 12/11/2014 1797 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/11/2014) 12/11/2014 1798 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/11/2014) 12/11/2014 1799 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/11/2014) 12/12/2014 1800 STIPULATED PROTECTIVE ORDER WITH RESPECT TO THE CLASSIFIED RECORDINGS PURSUANT TO CIPA 6 as to Anas Al Liby, Khaled Al Fawwaz...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 12/11/14)(jw) (Main Document 1800 replaced on 2/10/2015) (Mohan, Andrew). (Entered: 12/12/2014) 12/12/2014 1801 MEMORANDUM AND ORDER WITH RESPECT TO THE GOVERNMENT'S MOTION PURSUANT TO SECTION 6 OF CIPA, as to Anas Al Liby, Khaled Al Fawwaz dated December 11, 2014. (Signed by Judge Lewis A. Kaplan on 12/11/2014)(dnd) (Main Document 1801 replaced on 2/10/2015) (Mohan, Andrew). (Entered: 12/12/2014) 12/12/2014 1802 MEMORANDUM AND ORDER WITH RESPECT TO AL LIBY'S NOTICE OF INTENT TO DISCLOSE CLASSIFIED INFORMATION PURSUANT TO SECTION 5 OF CIPA, as to Anas Al Liby dated December 11, 2014. (Signed by Judge Lewis A. Kaplan on 12/11/2014)(dnd) (Main Document 1802 replaced on 2/10/2015) (Mohan, Andrew). (Entered: 12/12/2014) 12/12/2014 1803 MEMORANDUM & OPINION WITH RESPECT TO AL FAWWAZ'S NOTICE OF INTENT TO DISCLOSE CLASSIFIED INFORMATION PURSUANT TO SECTION 5 OF CIPA, as to Khaled Al Fawwaz #105070 dated December 11, 2014. (Signed by Judge Lewis A. Kaplan on 12/11/2014)(dnd) Modified on 12/16/2014 (ca). (Main Document 1803 replaced on 2/10/2015) (Mohan, Andrew). (Entered: 12/12/2014) 12/12/2014 1804 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine Regarding the Admissibility of Evidence Recovered During the Raid of Usama bin Laden's Abbottabad, Pakistan Compound as Direct Evidence of the Charged Conspiracies or, In the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 356/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Alternative, Pursuant to Rule 404(b) of the Federal Rules of Evidence. Document filed by United States of America as to Anas Al Liby, Khaled Al Fawwaz. (Attachments: # 1 Exhibit Redacted for Public Filing, # 2 Affidavit Declaration of AUSA Nicholas J. Lewin) (Lewin, Nicholas) Modified on 12/15/2014 (ka). (Entered: 12/12/2014) 12/12/2014 1806 SEALED DOCUMENT placed in vault. (rz) (Entered: 12/15/2014) 12/15/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Nicholas James Lewin as to Anas Al Liby, Khaled Al Fawwaz: to RE-FILE Document 1804 MOTION in Limine Regarding the Admissibility of Evidence Recovered During the Raid of Usama bin Laden's Abbottabad, Pakistan Compound as Direct Evidence of the Charged Conspiracies or, In the Alternative, Pursuant to Rule 404(b) of the Federal. ERROR(S): Filing Error of Attachment#2. Supporting Declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents.***NOTE: Separate docket entry for each. (ka) (Entered: 12/15/2014) 12/15/2014 1805 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Assistant United States Attorney Nicholas J. Lewin in Support by United States of America as to Anas Al Liby, Khaled Al Fawwaz re: 1804 MOTION in Limine Regarding the Admissibility of Evidence Recovered During the Raid of Usama bin Laden's Abbottabad, Pakistan Compound as Direct Evidence of the Charged Conspiracies or, In the Alternative, Pursuant to Rule 404(b) of the Federal. (Lewin, Nicholas) Modified on 12/15/2014 (ka). (Entered: 12/15/2014) 12/15/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Nicholas James Lewin as to Anas Al Liby, Khaled Al Fawwaz: to RE-FILE Document 1805 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document#1804.***NOTE: First, re-file Motion In Limine, then link and re-file declaration to Motion in limine. (ka) (Entered: 12/15/2014) 12/15/2014 1807 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Reconsideration re 1634 SECOND MOTION for Discovery Filed by Court Security Officer. filed by Anas Al Liby, 1743 FIRST MOTION to Suppress Statement. filed by Anas Al Liby . Document filed by Anas Al Liby. (Kleinman, Bernard) Modified on 12/15/2014 (ka). (Entered: 12/15/2014) 12/15/2014 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Bernard V. Kleinman as to Anas Al Liby: to RE-FILE Document 1807 FIRST MOTION for Reconsideration re 1634 SECOND MOTION for Discovery Filed by Court Security Officer filed by Anas Al Liby, 1743 FIRST MOTION to Suppress Statement filed by Anas Al Liby . Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 12/15/2014) 12/15/2014 1808 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bernard V Kleinman dated 12/15/2014 re: 1634 SECOND MOTION for Discovery Filed by Court Security Officer., 1743 FIRST MOTION to Suppress Statement. re: Reconsideration of R.16 & R 12 motions . Document filed by Anas Al Liby. (Kleinman, Bernard) (Entered: 12/15/2014) 12/16/2014 1809 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/16/2014) 12/16/2014 1810 ORDER as to (S7 and S10 98-Cr-1023-) Khaled Al Fawwaz (15), Anas Al Liby (21). The government has moved in limine for a determination that six documents recovered during the May 2, 2011 raid of Usama bin Laden's Abbottabad, Pakistan compound are admissible at trial. Defendant al Fawwaz has moved in limine to preclude introduction in evidence of sixteen documents recovered in the same raid, including the six documents that are the subject of the government's motion. Counsel for defendant al Liby evidently intends to oppose the government's motion. In order to facilitate the timely hearing and disposition of these issues in view of the commencement of the trial on January 12, 2015, it is hereby ORDERED, as follows: 1. All papers in opposition to each of these motions, respectively, shall be served and filed no later than December 23, 2014. 2. all reply papers in support of each of these motions, respectively, shall be served and filed no later than December 30, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 357/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 2014. 3. The Court will hear argument on the motions on January 6, 2015, at 10 a.m. 4. Counsel shall make appropriate arrangements by the close of business on December 23, 2014 for the receipt by chambers staff on December 30, 2014, a date on which chambers otherwise will be closed, of any reply papers that are to be filed under seal. (Signed by Judge Lewis A. Kaplan on 12/16/2014)(bw) (Entered: 12/16/2014) 12/17/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Anas Al Liby, Khaled Al Fawwaz held on 12/17/2014. Defendant Fawwaz (15) did not participate but attorneysBobbi C. Sternheim, David Kirby, and Barbara OConnor participated. Defendant Anas al-Liby (21) did not participate but attorney Bernard V. Kleinman participated. AUSA Nicholas J. Lewin participated. Court reporter Rebecca Forman present. (jbo) (Entered: 12/17/2014) 12/18/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Anas Al Liby, Khaled Al Fawwaz held on 12/18/2014. Defendant Al Fawwaz (15) did not participate but attorney Bobbi C. Sternheim participated. Defendant Anas Al Liby (21) did not participate but attorney Bernard V. Kleinman participated. AUSAs Nicholas J. Lewin participated. Court reporter Rebecca Forman, Steven Lewin, and Adam Fee participated. (jbo) (Entered: 12/19/2014) 12/19/2014 1811 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/19/2014) 12/22/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Khaled Al Fawwaz (15), Anas Al Liby (21), held on 12/22/2014. Phone conference held. Defendant Al Fawwaz (15) did not participate but attorney Bobbi C. Sternheim participated. Defendant Anas Al Liby (21) did not participate but attorney Bernard V. Kleinman participated. AUSAs Nicholas J. Lewin, Stephen J. Ritchin, and Adam Fee participated. Court reporter Rebecca Forman present. (bw) (Entered: 12/22/2014) 12/23/2014 1812 SEALED DOCUMENT placed in vault. (rz) (Entered: 12/23/2014) 12/23/2014 1813 MEMORANDUM in Opposition by United States of America as to Anas Al Liby, Khaled Al Fawwaz re 1804 MOTION in Limine Regarding the Admissibility of Evidence Recovered During the Raid of Usama bin Laden's Abbottabad, Pakistan Compound as Direct Evidence of the Charged Conspiracies or, In the Alternative, Pursuant to Rule 404(b) of the Federal. (Lewin, Nicholas) (Entered: 12/23/2014) 12/23/2014 1814 DECLARATION of Assistant United States Attorney Nicholas J. Lewin in Opposition by United States of America as to Anas Al Liby, Khaled Al Fawwaz re: 1804 MOTION in Limine Regarding the Admissibility of Evidence Recovered During the Raid of Usama bin Laden's Abbottabad, Pakistan Compound as Direct Evidence of the Charged Conspiracies or, In the Alternative, Pursuant to Rule 404(b) of the Federal. (Lewin, Nicholas) (Entered: 12/23/2014) 12/30/2014 1815 REPLY MEMORANDUM OF LAW in Opposition by United States of America as to Anas Al Liby, Khaled Al Fawwaz re: 1804 MOTION in Limine Regarding the Admissibility of Evidence Recovered During the Raid of Usama bin Laden's Abbottabad, Pakistan Compound as Direct Evidence of the Charged Conspiracies or, In the Alternative, Pursuant to Rule 404(b) of the Federal . (Fee, Adam) (Entered: 12/30/2014) 12/30/2014 1816 REPLY MEMORANDUM OF LAW by Khaled Al Fawwaz IN SUPPORT OF MOTION IN LIMINE TO PRECLUDE EVIDENCE RECOVERED DURING THE MAY 2, 2011, RAID OF USAMA BIN LADEN'S ABBOTTABAD COMPOUND OR, IN THE ALTERNATIVE, FOR SEVERANCE OR DUAL JURIES. (Robinson, John) (Entered: 12/30/2014) 01/02/2015 1817 SENTENCING SUBMISSION by Adel Abdel Bary. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Patel, Andrew) (Entered: 01/02/2015) 01/02/2015 1818 SENTENCING SUBMISSION by Adel Abdel Bary. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Patel, Andrew) (Entered: 01/02/2015) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 358/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/02/2015 1819 MOTION in Limine to preclude introduction of testimony or evidence related to Khalid Al Fawwaz's March 1994 illegal or wrongful arrest in Nairobi, Kenya. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Exhibit Exhibit A)(Robinson, John) (Entered: 01/02/2015) 01/02/2015 1820 MOTION in Limine to preclude introduction of alleged "Al Qaeda Member List". Document filed by Khaled Al Fawwaz. (Attachments: # 1 Exhibit Exhibit A)(Robinson, John) (Entered: 01/02/2015) 01/03/2015 1821 LETTER by United States of America as to Anas Al Liby addressed to Judge Lewis A. Kaplan from AUSAs Sean S. Buckley, Adam Fee, Nicholas Lewin, & Stephen J. Ritchin dated January 3, 2015 Document filed by United States of America. (Fee, Adam) (Entered: 01/03/2015) 01/03/2015 1822 SENTENCING SUBMISSION by Adel Abdel Bary. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patel, Andrew) (Entered: 01/03/2015) 01/05/2015 1823 ORDER as to Anas Al Liby, Khaled Al Fawwaz. The Court has reviewed the responses to Question 1 (alleged hardship of jury service) for prospective jurors 1 through 200 and hereby overrules, on the basis of the questionnaire responses, the hardship claims of prospective jurors 4, 8, 48, 50, 91, 98, 126, 127, 151, 157, 159, and 193. It notes also that prospective juror 136 did not make a hardship claim. In the absence of any further information, these prospective jurors will not be examined orally with respect to claimed hardship. Time permitting, the Court will review the responses of additional prospective jurors to Question 1 and may overrule additional hardship claims on the basis of those responses by subsequent order. No later than 5 p.m. on January 8, 2014, the parties jointly shall submit to chambers two lists of prospective jurors whom they request be questioned during oral voir dire concerning their respective responses to the questionnaire. The first list shall contain, in numerical order, the numbers of all prospective jurors who claimed that service on the jury in this case would result in hardship (a) who have not been excused by the parties on consent and (b) whose hardship claim has not been overruled by this or a subsequent order. With respect to each prospective juror on the first list, the parties shall indicate whether any party seeks any oral follow up questioning with respect to the prospective juror's response(s) to any question(s) on the questionnaire other than Question 1 and the number of each such question as to which follow up examination is sought. The Court's present intention is to deal individually with all previously unresolved hardship claims and any other questionnaire response based issues individually before the start of general oral voir dire. The second list shall contain, in numerical order, the numbers of all prospective jurors as to whom there is no unresolved hardship claim as to whom any party seeks oral follow up questioning with respect to the prospective juror's response(s) to any other question(s) (other than hardship) on the questionnaire and the number of each question as to which follow up examination is sought. The Court's present intention is to conduct any requested follow up voir dire with respect to questionnaire responses of prospective jurors on the second list only after the completion of general oral voir dire and only with respect to those prospective jurors who have not previously been excused and whom counsel then identify specifically. Counsel therefore should keep track during the general oral voir dire of the extent to which the general oral voir dire resolves any need for follow up questioning with respect to questionnaire responses. At the conclusion of the general oral voir dire, counsel shall be prepared to identify those remaining prospective jurors on the second list as to whom follow up questioning is requested based on responses to the questionnaire. All requests for further oral voir dire relating or arising out of questionnaire responses shall be waived unless specifically brought to the Court's attention at that time. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/5/2015)(ft) (Entered: 01/05/2015) 01/05/2015 1824 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 5, 2015 re: Continuance of Trial Date . Document filed by Khaled Al Fawwaz. (Sternheim, Bobbi) (Entered: 01/05/2015) 01/05/2015 1825 DECLARATION of Akhtar Raja in Support as to Khaled Al Fawwaz re: 1824 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 5, 2015 re: Continuance of Trial Date .. (Sternheim, Bobbi) (Entered: 01/05/2015) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 359/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/05/2015 1826 DECLARATION of Julian E. Joslin in Support as to Khaled Al Fawwaz re: 1824 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 5, 2015 re: Continuance of Trial Date .. (Sternheim, Bobbi) (Entered: 01/05/2015) 01/06/2015 1827 ORDER as to Anas Al Liby, Khaled Al Fawwaz. Late last night, counsel for defendant al Fawwaz filed a motion and two related documents publicly on the Court's CM/ECF system. Soon thereafter, the Court was advised by the government that the defendant's public filings may have contained classified information. Accordingly, the text of the filings, though not the docket entries, were removed from the publicly accessible CM/ECF system. Counsel for defendant al Fawwaz shall file originals and copies of the three papers in question with the Court Information Security Officer as promptly as possible. (Signed by Judge Lewis A. Kaplan on 1/6/2015)(ft) (Entered: 01/06/2015) 01/06/2015 1828 ORDER denying 1820 Motion in Limine as to Khaled Al Fawwaz. The government's motion in limine regarding the admissibility of evidence recovered during the raid of Usama bin Laden's Abbottabad, Pakistan compound as direct evidence of the charged conspiracies or, in the alternative, pursuant to Rule 404(b) of the Federal Rules of Evidence [DI 1804] and defendant al Fawwaz's motion in limine, filed under seal, Dec. 12, 2014, with respect to he same subject are denied as moot. Defendant al Fawwaz' s motion in limine to preclude introduction of alleged "Al Qaeda Member List" [DI 1820] is denied without prejudice to renewal at trial when the exhibit is offered. His oral motion to preclude the government from referring to the exhibit during its opening statement was denied today in open court for reasons there stated. (Signed by Judge Lewis A. Kaplan on 1/6/2015) (jw) (Entered: 01/07/2015) 01/06/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Anas Al Liby, Khaled Al Fawwaz held on 1/6/2015. 1/6/15@ 3:00pm Defendant Al Fawwaz (15) not present but attorneys Bobbi C. Sternheim, Barbara OConnor, and David Vance Kirby present. Counsel to defendant Anas Al Liby (21) Bernard V. Kleinman present. AUSAs Nicholas J. Lewin, Stephen J. Ritchin, Sean Buckley, and Adam Fee present. Court reporter Sam Mauro present. Commencement of trial adjourned until Tuesday, 1/20/15 at 9:30am. Hearing duration was 1 hour. (ajc) (Entered: 01/08/2015) 01/06/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Khaled Al Fawwaz held on 1/6/2015. 1/6/15 @ 4:00pm Classified hearing held. Defendant Al Fawwaz (15) not present but attorneysBobbi C. Sternheim, Barbara OConnor, and David Vance Kirby present. AUSAs Nicholas J. Lewin, Stephen J. Ritchin, Sean Buckley, and Adam Fee participated. Court reporter Sam Mauro present. (ajc) (Entered: 01/08/2015) 01/07/2015 1829 SENTENCING SUBMISSION by Adel Abdel Bary. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Kessler, Lauren) (Entered: 01/07/2015) 01/07/2015 1830 ORDER as to Khaled Al Fawwaz. The Court has reviewed the responses to Question 1 (alleged hardship of jury service) for prospective jurors 201 through 400 and hereby overrules, on the basis of the questionnaire responses, the hardship claims of prospective jurors 225, 253, 261, 266, 280, 296, 299, 305, 314, 317, 319, 334, 337, 338, 355, 365, and 368. It notes also that prospective juror 294 did not make a hardship claim. In the absence of any further information, these prospective jurors will not be examined orally with respect to claimed hardship. Time permitting, the Court will review the responses of additional prospective jurors to Question 1 and may overrule additional hardship claims on the basis of those responses by subsequent order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/7/2015)(ft) (Entered: 01/07/2015) 01/08/2015 1831 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/08/2015) 01/08/2015 1832 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/08/2015) 01/08/2015 1833 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/08/2015) 01/08/2015 1834 ORDER as to Anas Al Liby, Khaled Al Fawwaz. The Court appreciates that counsel have https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 360/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 many responsibilities. It nevertheless would be grateful for the prompt submission of proposed jury instructions and, in any case, requires their submission no later than January 20, 2015. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/8/2015)(ft) (Entered: 01/08/2015) 01/09/2015 1835 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 9, 2015 re: 1828 Order on Motion in Limine,,, re: Reconsideration of order denying without prejudice motion in limine to preclude "Al Qaeda Member List" . Document filed by Khaled Al Fawwaz. (Robinson, John) (Entered: 01/09/2015) 01/09/2015 1836 REPLY MEMORANDUM OF LAW in Opposition by United States of America as to Khaled Al Fawwaz re: 1819 MOTION in Limine to preclude introduction of testimony or evidence related to Khalid Al Fawwaz's March 1994 illegal or wrongful arrest in Nairobi, Kenya. . (Lewin, Nicholas) (Entered: 01/09/2015) 01/10/2015 1837 SENTENCING SUBMISSION by United States of America as to Adel Abdel Bary. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X)(Buckley, Sean) (Entered: 01/10/2015) 01/10/2015 1838 ORDER as to (S7-98-Cr-1023-15) Khaled Al Fawwaz, (S10-98-Cr-1023-21) Anas Al Liby. Any reply to the government's papers in opposition to al Fawwaz's motion for further adjournment of the trial shall be served and filed no later than January 13, 2015. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/10/2015)(bw) (Entered: 01/12/2015) 01/12/2015 1839 REPLY MEMORANDUM OF LAW in Opposition by United States of America as to Khaled Al Fawwaz re: 1835 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 9, 2015 re: 1828 Order on Motion in Limine,,, re: Reconsideration of order denying without prejudice motion in limine to preclude "Al Qaeda Member Li . (Attachments: # 1 Exhibit Al Qaeda Member List and Draft Translation) (Lewin, Nicholas) (Entered: 01/12/2015) 01/12/2015 1840 DECLARATION of Assistant U.S. Attorney Nicholas J. Lewin in Opposition by United States of America as to Khaled Al Fawwaz re: 1835 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 9, 2015 re: 1828 Order on Motion in Limine,,, re: Reconsideration of order denying without prejudice motion in limine to preclude "Al Qaeda Member Li. (Lewin, Nicholas) (Entered: 01/12/2015) 01/12/2015 1841 ORDER denying 1835 LETTER MOTION Defendant Khaled Al Fawwaz (15) moves for reconsideration of the Courts order (DI 1828) denying without prejudice his motion in limine (DI 1820) to preclude receipt in evidence of the so-called al Qaeda membership list on the ground that the government will be unable to lay a foundation for its receipt or, alternatively, to preclude the government from referring to the document during its opening statement. Defendant has pointed to no facts or controlling authority that the Court is said to have overlooked. He simply reiterates points that, his motion for reconsideration expressly recognizes, he made before.. (Signed by Judge Lewis A. Kaplan on 1/12/2015) (Mohan, Andrew) (Entered: 01/12/2015) 01/12/2015 1842 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/12/2015) 01/12/2015 1843 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/12/2015) 01/12/2015 1844 SEALED DOCUMENT placed in vault. (nm) (Entered: 01/12/2015) 01/12/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Khaled Al Fawwaz held on 1/12/2015. Phone conference held. Defendant Al Fawwaz (15) did not participate but attorney BobbiC. Sternheim participated. AUSAs Nicholas J. Lewin particapted. Court reporter Ellen Fordpresent. Conference held and transcript sealed. Kaplan, J. (ajc) (Entered: 01/13/2015) 01/12/2015 1845 MEMORANDUM AND ORDER WITH RESPECT TO THE GOVERNMENT'S MOTION PURSUANT TO SECTION 6(C) OF CIPA, dated January 12, 2015: as to (S7- https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 361/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 98-Cr-1023-15) Khaled Al Fawwaz. (Lewis A. Kaplan, District Judge) (bw) (Entered: 01/13/2015) 01/13/2015 1846 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY by Adel Abdel Bary re: 1837 Sentencing Submission,, filed by United States of America . (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh C, # 4 Exhibit Exh D) (Patel, Andrew) Modified on 1/13/2015 (ka). (Entered: 01/13/2015) 01/13/2015 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Andrew G. Patel as to Adel Abdel Bary: to RE-FILE Document 1846 Reply. Use the document type Letter found under the document list Other Documents. (ka) (Entered: 01/13/2015) 01/13/2015 1847 LETTER by United States of America as to Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Stephen J. Ritchin dated 1/5/2015 re: The Government consents to, and requests itself, a brief trial adjournment - not of 60 days, but of one week. Document filed by United States of America. (ft) (Entered: 01/13/2015) 01/14/2015 1848 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY TO RESPONSE to Motion by Khaled Al Fawwaz re 1819 MOTION in Limine to preclude introduction of testimony or evidence related to Khalid Al Fawwaz's March 1994 illegal or wrongful arrest in Nairobi, Kenya.. (Sternheim, Bobbi) Modified on 1/14/2015 (ka). (Entered: 01/14/2015) 01/14/2015 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Bobbi C Sternheim as to Khaled Al Fawwaz: to RE-FILE Document 1848 Reply to Response to Motion. Use the document type Letter found under the document list Other Documents. (ka) (Entered: 01/14/2015) 01/14/2015 1849 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 14, 2015 re: Reply in support of motion in limine to preclude testimony or evidence related to Mr. Al Fawwaz's March 1994 illegal or wrongful arrest in Nairobi, Kenya (Sternheim, Bobbi) (Entered: 01/14/2015) 01/14/2015 1850 ORDER as to Anas Al Liby, Khaled Al Fawwaz. On January 12, 2015, defendant al Fawwaz moved for a change of venue to another district, to discharge the jury panel, and for a postponement of at least sixty days. Al Fawwaz's counsel filed the motion under seal, stating that she did so to avoid publicity that could affect jury selection. The motion of January 12, 2015 is denied in all respects. The Court will file the opinion giving the reasons for this ruling under seal today. The Clerk will be instructed to unseal that opinion upon the swearing of the jury in this case, which is likely to occur next week, or as otherwise ordered. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/14/2015)(ft) Modified on 1/14/2015 (ft). (Entered: 01/14/2015) 01/14/2015 1851 ORDER as to Anas Al Liby, Khaled Al Fawwaz. Follows oral order of 1/14/2015. For the reasons stated on the record on January 14, 2015, to be supplemented by an opinion in the fullness of time, the January 5, 2015 motion of defendant al Fawwaz to vacate the currently scheduled trial date and for a 60-day postponement is moot to the extent that it relates to the postponement from January 12, 2015 until January 20, 2015. It is denied on the merits in all other respects. (Signed by Judge Lewis A. Kaplan on 1/14/2015) (Mohan, Andrew) (Entered: 01/14/2015) 01/14/2015 1852 LETTER by Adel Abdel Bary addressed to Judge Lewis A. Kaplan from Andrew Patel dated January 13, 2015 re: Reply (Patel, Andrew) (Entered: 01/14/2015) 01/14/2015 1853 MOTION in Limine To Preclude Testimony Pursuant to Federal Rules of Evidence 702, 401 and 403. Document filed by United States of America as to Khaled Al Fawwaz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lewin, Nicholas) (Entered: 01/14/2015) 01/14/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Khaled Al Fawwaz held on 1/14/2015. Classified hearing held. Defendant Al Fawwaz (15) was not present but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 362/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 present. AUSAs Nicholas J. Lewin, Adam Fee, and Sean Buckley present. Court reporter Linda Fisher present. (ajc) (Entered: 01/15/2015) 01/14/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Khaled Al Fawwaz held on 1/14/2015. Conference held. Defendant Al Fawwaz (15) was not present but attorneys Bobbi C. Sternheim, David Kirby, and Barbara OConnor present. AUSAs Nicholas J. Lewin, Adam Fee and Sean Buckley present. Court reporter Linda Fisher present. Trial remains scheduled to begin Tuesday, 1/20/2015. (ajc) (Entered: 01/15/2015) 01/14/2015 2005 INTERNET CITATION NOTE as to Khaled Al Fawwaz: Material from decision with Internet citation re: 1864 Order, Set Deadlines. (Attachments: # 1 Internet Citation, # 2 Internent Citation) (vf) (Entered: 02/26/2016) 01/15/2015 1854 TRANSCRIPT of Proceedings as to Anas Al Liby re: Hearing held on 8/14/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/9/2015. Redacted Transcript Deadline set for 2/20/2015. Release of Transcript Restriction set for 4/20/2015. (Rodriguez, Somari) (Entered: 01/15/2015) 01/15/2015 1855 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby. Notice is hereby given that an official transcript of a Hearing proceeding held on 8/14/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 01/15/2015) 01/15/2015 1856 TRANSCRIPT of Proceedings as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary re: Hearing held on 9/3/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/9/2015. Redacted Transcript Deadline set for 2/20/2015. Release of Transcript Restriction set for 4/20/2015. (Rodriguez, Somari) (Entered: 01/15/2015) 01/15/2015 1857 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby, Khaled Al Fawwaz, Adel Abdel Bary. Notice is hereby given that an official transcript of a Hearing proceeding held on 9/3/14 has been filed by the court reporter/transcriber in the above- captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 01/15/2015) 01/15/2015 1858 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/15/2015) 01/15/2015 1859 LETTER by Anas Al Liby addressed to Judge Lewis A. Kaplan from Ben Weiser dated 1/5/15 re: I hereby request the unsealing of all court records - letters and other documents, as well as transcripts of hearings and conferences - pertaining to health issues concerning Abu Anas ai-Libi, the defendant who passed away on Friday evening. (jw) (Entered: 01/15/2015) 01/15/2015 1860 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/15/2015) 01/15/2015 1861 LETTER by Anas Al Liby addressed to Judge Lewis A. Kaplan from Bernard V. Kleinman dated 1/7/15 re: With regard to the January sh, 2015letter from The New York Times, in which Mr. Weiser requested the unsealing of the correspondence and sealed proceedings related to my late client's health issues, after conferring with Mr. al Raghies's family members in Tripoli, it is my position that, except for the redaction of individual physician's names or third parties, there is no objection to the unsealing of these letters. (jw) (Entered: 01/15/2015) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 363/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/15/2015 1862 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim, dated 1/12/2015, re: Counsel for Khalid Al Fawwaz join in Bernard Kleinman's letter, dated January 7, 2015, in regard to The New York Times' request for unsealing of correspondence and transcripts of proceedings relating to health issues of the late Anas Al Liby. Document filed by Khaled Al Fawwaz. (Mohan, Andrew) (Entered: 01/15/2015) 01/15/2015 1863 LETTER by United States of America as to Anas Al Liby addressed to Judge Lewis A. Kaplan from AUSA Sean S. Buckley dated 1/12/2015 re: The 1/5/2015 letter of The New York Times seeking the unsealing of court records pertaining to health issues concerning defendant Anas al Liby. The Government has no objection to the unsealing of court records that relate to defendant Anas al Liby's health. Accordingly, we ask that if the application is granted, the Government be permitted a brief period of time to redact such information from the records that will be made public. Document filed by United States of America. (Mohan, Andrew) (Entered: 01/15/2015) 01/15/2015 1864 ORDER as to Anas Al Liby, Khaled Al Fawwaz re: 1853 MOTION in Limine To Preclude Testimony Pursuant to Federal Rules of Evidence 702, 401 and 403. filed by United States of America. As to Anas Al Liby, Khaled Al Fawwaz( Replies due by 2/6/2015. Responses due by 1/27/2015). The government has moved to preclude the proposed expert testimony of Emile George Joffe under Federal Rules of Evidence 702, 401 and 403. The motion, moreover, must be considered and resolved by the close of the governments case which, based on the governments most recent evidence, could be as soon as the week of February 23. Accordingly, the Court fixes the following briefing schedule: Defendant al Fawwazs papers, if any, in opposition to the motion shall be served and filed no later than January 27, 2015. The governments reply papers, if any, shall be served and filed no later than February 6, 2015. It would helpful to the Court to have, and al Fawwaz would be well advised to provide, clear, unambiguous statements of each of the opinions Professor Joffe proposes to give and of the bases and reasons for each. The material provided should include a marked copy of the 1999 report that indicates those portions to which Professor Joffe proposes to testify in this case and those portions to which he does not propose to testify. (Signed by Judge Lewis A. Kaplan on 1/15/2015) (Mohan, Andrew) (Entered: 01/15/2015) 01/15/2015 1865 ORDER as to Anas Al Liby and Khaled Al Fawwaz. The Court previously ordered that these cases would be tried jointly. It is informed, however, that defendant al Liby passed away on January 2, 2015. [T]he Court directs the parties to show cause, at or before 9:30 a.m. on January 20, 2015, why these indictments should not be severed.( Show Cause Response due by 1/20/2015.). (Signed by Judge Lewis A. Kaplan on 1/15/2015)(Mohan, Andrew) (Entered: 01/15/2015) 01/15/2015 1866 ORDER as to Anas Al Liby and Khaled Al Fawwaz re: 1859 a Letter by Ben Wieser of the New York Times. This matter is before the Court on the recent request of The New York Times for the unsealing of all court records pertaining to health issues concerning [defendant] Abu Anas al-Libi, who died on January 2, 2015. Al Libys former counsel and al Fawwazs counsel have no objection. Nor does the government, subject to its wish to redact information that implicates the privacy interests of third parties, a wish to which neither al Fawwazs counsel nor al Libys former counsel takes exception. In order to move forward, Mr. Kleinman, on or before February 4, 2015, shall serve the government with (and provide to the Court) (1) a list of sealed documents that he contends his client on September 3, 2014 consented to having unsealed and (2) a separate list of any subsequent sealed documents to which he contends al Libys consent extended. On or before February 18, 2015, the government shall serve Mr. Kleinman with (and provide to the Court) (1) copies of sealed documents on both lists served by Mr. Kleinman redacted as proposed by the government, and (2) any response to any contention by Mr. Kleinman that al Libys consent extended beyond September 3, 2014. (Signed by Judge Lewis A. Kaplan on 1/15/2015) (Mohan, Andrew) (Entered: 01/15/2015) 01/20/2015 1867 ENDORSED LETTER as to (S10-98-Cr-1023-21) Anas Al Liby addressed to Judge Lewis A. Kaplan from Attorney Bernard V. Kleinman dated January 15, 2015 re: As you are well aware my client, Mr. al Liby, passed away on the evening of January 2nd, 2015. The Government, while planning on filing a nolle prosequai, has not done so as yet. Hence, I believe that I am still technically a part of this case. In order to clarify my position, I would https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 364/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 respectfully request that the Court formally excuse my appearance in any calendared proceedings going forward, unless the Court otherwise specifically directs me to so appear. I make this request especially in light of the fact that my client was referenced to the prospective veniremen on December 17 and 18, 2014. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/20/2015)(bw) (Entered: 01/20/2015) 01/20/2015 1868 Request To Charge by United States of America as to Khaled Al Fawwaz. (Lewin, Nicholas) (Entered: 01/20/2015) 01/20/2015 1869 MOTION in Limine To Preclude Admission of the Deposition Testimony of Two Witnesses. Document filed by United States of America as to Khaled Al Fawwaz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fee, Adam) (Entered: 01/20/2015) 01/20/2015 1870 Proposed Jury Instructions by Khaled Al Fawwaz. (Robinson, John) (Entered: 01/20/2015) 01/20/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Selection as to Khaled Al Fawwaz held on 1/20/2015. Jury selection begun. Defendant Al Fawwaz (15) present with attorneys Bobbi C. Sternheim, David Kirby, John Robinson, and Barbara OConnor present. AUSAs Nicholas J. Lewin, Adam Fee, Stephen Ritchin, and Sean Buckley present. Court reporters Sam Mauro and Rebecca Forman present. Jury selection begun. (jbo) (Entered: 01/26/2015) 01/20/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Voir Dire held on 1/20/2015 as to Khaled Al Fawwaz. (jbo) (Entered: 03/02/2015) 01/21/2015 1871 ORDER as to Anas Al Liby, Khaled Al Fawwaz. Accordingly, the order or orders providing for a joint trial of the two indictments encaptioned above are vacated. S7 98 Crim. 1023, which is in the midst of jury selection, will proceedto trial as scheduled as against Khalid al Fawwaz alone. S 10 98 Crim. 1023 remains pending. The Court assumes that the government will submit the nolle prosequi as to Anas al Liby as soon as that is possible. (Signed by Judge Lewis A. Kaplan on 1/21/15)(jw) (Entered: 01/21/2015) 01/21/2015 1872 Request To Charge by United States of America as to Khaled Al Fawwaz. (Lewin, Nicholas) (Entered: 01/21/2015) 01/21/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 1/21/2015. Jury selection continued. (jbo) (Entered: 01/26/2015) 01/22/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 1/22/2015. Jury selection continued and concluded. (jbo) (Entered: 01/26/2015) 01/22/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 1/22/2015. Jury trial begun: Defendant Al Fawwaz (15) present with attorneys Bobbi C. Sternheim, David Kirby, John Robinson, and Barbara OConnor present. AUSAs Nicholas J. Lewin, Adam Fee, Stephen Ritchin, and Sean Buckley present. Court reporters Sam Mauro and Rebecca Forman present. Jury of 12 jurors and 6 alternates sworn. Openings heard and testimony begun. Juror #9 excused and Alternate Juror #1 became Juror #9. Trial adjourned until Monday, 1/26/15. (jbo) (Entered: 01/26/2015) 01/23/2015 1873 SEALED DOCUMENT placed in vault. (rz) (Entered: 01/23/2015) 01/23/2015 1874 SEALED DOCUMENT placed in vault. (rz) (Entered: 01/23/2015) 01/23/2015 1875 MEMORANDUM AND ORDER (Corrected) as to (S7-98-Cr-1023-15) Khaled Al Fawwaz, (S10-98-Cr-1023-21) Anas Al Liby. Defendant al Fawwaz here stands indicted for conspiring to kill Americans, among other offenses. Jury selection began in December when a large number of prospective jurors completed an extensive questionnaire which both sides have reviewed. On the basis of those questionnaire responses, various prospective jurors already have been excused. Trial now is scheduled -- after several postponements, some at al Fawwaz's request -- to proceed on January 20, 2015 with the commencement of oral voir dire. Nevertheless, on January 12, 2015, after the first part of jury selection had been completed, al Fawwaz moved for a change of venue to another district and for other relief. The motion notes that Al Qaeda in the Arabian Peninsula ("AQAP") on or about January 8, 2015, according to some web sites, urged "Muslim https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 365/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 brothers" to take "revenge" for the death in custody of Anas al Liby, who was to have been tried jointly with al Fawwaz. This, al Fawwaz says, (1) makes each juror in this case "a potential victim and... personally invested in the outcome," and (2) links AQAP to al Liby and the Embassy bombings.(See Footnote 2 on page 2 of Order). Moreover, he claims that there has been "massive publicity surrounding [what he characterizes as] the controversy of Mr. Al Liby's death [which] has resurrected the embassy bombings in the minds of the public."(See Footnote 3 on page 2 of Order). He therefore urges "[r]emoval of this case to a federal district court less inextricably tied to the 9/11 tragedy... [to] ameliorate the damage to Mr. Al Fawwaz's defense and reduce the potential for any danger to the Court, its staff, the jurors, or the parties."(See Footnote 4 on page 2 of Order). The premise seems to be that a jury in another district would be less likely to know that al Fawwaz and al Liby" were once charged together."(See Footnote 5 on page 2 of Order). In the event the Court does not transfer the case to another district, al Fawwaz asks that it dismiss the current venire, call a new panel, and delay the case for 60 days "to allow for the publicity of the AQAP threat to dissipate."(See Footnote 6 on page 2 of Order). The motion is entirely without merit and is denied, just as Judge O'Toole today denied a comparable motion in the so-called Boston Marathon case.(See Footnote 7 on page 2 of Order)....[See this Order]... Conclusion: For the foregoing reasons, al Fawwaz's motion for a change of venue, to strike the current jury venire, and to continue the trial date [DI 1844] is denied in all respects. This is without prejudice to al Fawwaz's other pending motion for a postponement on other grounds, which will be decided in due course. SO ORDERED. Dated: January 14, 2015. Corrected: January 20, 2015. (Signed by Judge Lewis A. Kaplan on 1/20/2015)(bw) (Entered: 01/23/2015) 01/23/2015 1876 LETTER by (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Attorney Bobbi C. Sternheim dated January 19, 2015 re: The defense writes not to request a continuance, but rather a mere professional courtesy: that openings not begin before Monday, January 25th. (bw) (Entered: 01/23/2015) 01/23/2015 1877 LETTER by (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Attorney Bobbi C. Sternheim dated January 19, 2015 re: As we commence jury selection in this matter, we respectfully request the following: -increased peremptory challenges for the parties (16 for defense; 10 for prosecution); -inclusion in the oral voir dire of the jury, a question asking prospective jurors to disclose the primary source of their daily news; -individual questioning of jurors, to the extent the Court deems it appropriate, to follow up on answers to the questionnaire by particular prospective jurors outside the presence of other prospective jurors; -direction to the government to provide a witness list for the first two weeks of trial, including the order in which it intends to call said witnesses and on-going witness lists each week thereafter. (bw) (Entered: 01/23/2015) 01/23/2015 1878 LETTER by United States of America as to (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from AUSA Nicholas J. Lewin dated January 20, 2015 re: The Government writes to request permission to publish to the jury two exhibits ("Exhibits") during the Government's opening statement. The two Exhibits were recovered by British police in a September 1998 search of the defendant's home at 94 Dewsbury Road, in London. One Exhibit---introduced in both prior trials of this Indictment as Government Exhibit 1628---is comprised of eighteen printed copies of Usama bin Laden's 1996 "Declaration of Jihad against the Americans Who Occupy the Land of the Two Holy Sites" ("Declaration of Jihad"). These copies of the Declaration of Jihad were found inside a desk drawer in the defendant's home. See Exhibit A. The other Exhibit is comprised of three 3.5 inch computer floppy disks, containing multiple electronic files of the Declaration of Jihad. These disks were found on a shelf during the same search of the defendant's home. See Exhibit B. (bw) (Entered: 01/23/2015) 01/23/2015 1879 LETTER by United States of America as to (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from AUSA Adam Fee dated January 21, 2015 re: The Government writes to address the defendant's request for additional peremptory challenges and to provide relevant authorities in support of its position. By letter dated January 19, 2015, the defense requested six additional challenges for the defense, while allowing four additional challenges for the Government. Def.'s Jan. 19, 2015 ("Def.'s Ltr."), at 1. As a justification, the defense claims that it requires additional challenges "[i]n view of recent terrorism-related events." Id. The Government objects to the defense request for additional https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 366/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 peremptory challenges. This request runs contrary to the plain language of Federal Rule of Criminal Procedure 24(b)(2). Rule 24(b)(2) provides simply that "[e]ach side is entitled to the number of peremptory challenges to prospective jurors specified below" -- namely, 6 for the Government and 10 for the defendant. Fed. R. Crim. P. 24(b)(2). The Rule also provides for a narrow and carefully restricted exception: "[t]he court may allow additional peremptory challenges to multiple defendants." Id.(bw) (Entered: 01/23/2015) 01/23/2015 1880 LETTER by United States of America as to (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from AUSA Nicholas J. Lewin dated January 21, 2015 re: The Government writes in response to the Court's invitation to further brief the qualification of Juror 11 ("Juror"). See Transcript of Jury Selection dated January 20, 2015 ("Tr.") at 206.(bw) (Entered: 01/23/2015) 01/23/2015 1881 LETTER by (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Attorney Bobbi C. Sternheim dated January 21, 2015 re: We write in further support of our motion to strike Juror 11 for cause. Juror 11 indicated on his questionnaire that he would be more likely to believe a witness solely by reason of the fact that the witness works in law enforcement. Questionnaire at 6, 15. He expressly indicated this bias in favor of law enforcement on his questionnaire. Id. (bw) (Entered: 01/23/2015) 01/23/2015 1882 LETTER by United States of America as to (98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from AUSA Sean S. Buckley dated January 21, 2015 re: The Government respectfully submits this letter in further support of its argument that defense counsel should be precluded from arguing in its opening statement that: (i) the Government is choosing to introduce only evidence it thought would help its case; (ii) the Government declined to introduce evidence that it thought would help the defendant's case; (iii) the defendant has been (or will be) prohibited from introducing prior statements that are favorable to him; or (iv) suggesting that otherwise inadmissible or unprovable evidence would be favorable to the defendant if introduced. Each of these points constitutes improper argument to the jury and therefore has no place in an opening statement. (bw) (Entered: 01/23/2015) 01/23/2015 1883 LETTER by United States of America as to (98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from AUSA Sean S. Buckley, Adam Fee, Nicholas J. Lewin, Stephen J. Ritchin, dated January 5, 2015 re: Pursuant to the Court's Order of October 22, 2014 (DI 1766), enclosed please find a list of "prospective jurors who[] claimed a hardship or a prejudice about which the parties could not agree as to whether or not to excuse." Also enclosed is a second list enumerating those jurors the parties agreed should be stricken, which has also been provided to the Jury Department. (bw) (Entered: 01/23/2015) 01/26/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 1/26/2015. 1/26/15 Trial continued. Trial duration this day was 6 hours. (ajc) (Entered: 02/05/2015) 01/27/2015 1884 RESPONSE in Opposition by Khaled Al Fawwaz re: 1853 MOTION in Limine To Preclude Testimony Pursuant to Federal Rules of Evidence 702, 401 and 403.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robinson, John) (Entered: 01/27/2015) 01/28/2015 1885 SEALED DOCUMENT placed in vault. (nm) (Entered: 01/28/2015) 01/28/2015 1886 SEALED DOCUMENT placed in vault. (nm) (Entered: 01/28/2015) 01/28/2015 1887 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 28, 2015 re: Preclusion of Victim Testimony at Trial . Document filed by Khaled Al Fawwaz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sternheim, Bobbi) (Entered: 01/28/2015) 01/28/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 1/28/2015. 1/28/15 Trial continued from 1/26/2015. Trial duration this day was 6 hours. (ajc) (Entered: 02/05/2015) 01/29/2015 1888 MEMO ENDORSEMENT denying 1819 Motion in Limine as to Khaled Al Fawwaz (15). ENDORSEMENT: Denied as moot given ruling discovery trial on 1/28/15. (Signed by Judge Lewis A. Kaplan on 1/29/2015) (ft) (Entered: 01/29/2015) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 367/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 01/29/2015 1889 MEMO ENDORSEMENT terminating 1754 LETTER MOTION Continuance of Trial as to Khaled Al Fawwaz (15). ENDORSEMENT: The Clerk shall terminate this motion, as it has been resolved. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/29/2015) (ft) (Entered: 01/29/2015) 01/29/2015 1890 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 29, 2015 re: Motion to Preclude Victim Testimony (Sternheim, Bobbi) (Entered: 01/29/2015) 01/29/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 1/29/2015. 1/29/15 Trial continued. Trial adjourned until 2/2/2015. (ajc) (Entered: 02/05/2015) 01/30/2015 1891 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Opposition by United States of America as to Khaled Al Fawwaz re: 1887 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 28, 2015 re: Preclusion of Victim Testimony at Trial . . (Lewin, Nicholas) Modified on 1/30/2015 (ka). (Entered: 01/30/2015) 01/30/2015 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Nicholas James Lewin as to Khaled Al Fawwaz: to RE-FILE Document 1891 Reply Memorandum of Law in Opposition to Motion. Use the document type Letter found under the document list Other Documents. (ka) (Entered: 01/30/2015) 01/30/2015 1892 ORDER granting in part and denying in part 1887 LETTER MOTION filed by Khaled Al Fawwaz (15), addressed to Judge Lewis A. Kaplan from Attorney Bobbi C. Sternheim dated January 28, 2015 re: Preclusion of Victim Testimony at Trial. Document filed by Khaled Al Fawwaz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sternheim, Bobbi). ORDER: The motion of defendant al Fawwaz to preclude the testimony of certain witnesses and for other relief [DI 1887] is granted in part and denied in part for the reasons stated on the record on January 30, 2015. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/30/2015) (bw) (Entered: 02/02/2015) 02/02/2015 1893 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RESPONSE by Khaled Al Fawwaz re: 1868 Request to Charge filed by United States of America, 1872 Request to Charge filed by United States of America . (Robinson, John) Modified on 2/3/2015 (ka). (Entered: 02/02/2015) 02/02/2015 1894 RESPONSE in Opposition by Khaled Al Fawwaz re: 1869 MOTION in Limine To Preclude Admission of the Deposition Testimony of Two Witnesses.. (Attachments: # 1 Exhibit A Massari Part 1, # 2 Exhibit A Massari Part 2, # 3 Exhibit B Atwan)(Robinson, John) (Entered: 02/02/2015) 02/02/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/2/2015. 2/2/15 Trial continued. Court reporters Rebecca Forman and Carol Ganley present. (ajc) (Entered: 02/05/2015) 02/03/2015 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney John Jerry Robinson as to Khaled Al Fawwaz: to MANUALLY RE-FILE Document Document No. 1893 Deft's Objections to Government's Request to Charge and Supplemental Proposed Jury Instructions. This document is not filed via ECF. (ka) (Entered: 02/03/2015) 02/03/2015 1895 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated February 3, 2015 re: Ex Parte Request for Approval of Travel Expenses for Defense Fact Witness (Sternheim, Bobbi) (Entered: 02/03/2015) 02/03/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Khaled Al Fawwaz held on 2/3/2015. 2/3/15 Trial continued. (ajc) (Entered: 02/05/2015) 02/04/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Khaled Al Fawwaz held on 2/4/2015. 2/4/15 Trial continued. (ajc) (Entered: 02/05/2015) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 368/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 02/05/2015 1896 TRANSCRIPT of Proceedings as to Anas Al Liby, Khaled Al Fawwaz re: Conference held on 1/6/15 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015. (McGuirk, Kelly) (Entered: 02/05/2015) 02/05/2015 1897 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby, Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Conference proceeding held on 1/6/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/05/2015) 02/05/2015 1898 TRANSCRIPT of Proceedings as to Anas Al Liby, Khaled Al Fawwaz re: Conference held on 10/22/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015. (McGuirk, Kelly) (Entered: 02/05/2015) 02/05/2015 1899 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anas Al Liby, Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Conference proceeding held on 10/22/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/05/2015) 02/05/2015 1900 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Conference held on 10/16/14 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015. (McGuirk, Kelly) (Entered: 02/05/2015) 02/05/2015 1901 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Conference proceeding held on 10/16/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/05/2015) 02/05/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/5/2015. Trial continued and adjourned until 2/9/15. (jbo) (Entered: 03/02/2015) 02/06/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 2/6/2015 for Adel Abdel Bary (17) Count 1sss,2sss,3sss. Defendant Adel Abdel Bary (17) present with attorneys Andrew G. Patel, Lauren S. Kessler, and Jill Shellow. AUSAs Sean S. Buckley, Nicholas J. Lewin and Stephen J. Ritchinpresent. Arabic interpreters Kareem El Nemr and Marwan Abdel-Rahman present. Patrica Nielsen present. Defendant sentenced to 120 months on each of counts (S15)One and (S15)Two and 60 months on Count (S15)Three, the terms to be served consecutively, for an aggregate term of imprisonment of 300 months. The defendant shall pay the mandatory special assessment of $300 and that he pay restitution in the aggregate amount of $33,816,561.75 payable to the Clerk of the Court, $7,516,561.75 which shall be distributed to the families of the victims of the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 369/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Embassy bombings in accordance with a schedule to be attached to the written judgment and $26,300,000 of which shall be payable to the United States. The restitution obligation shall be joint and several with the obligations of the other defendants for restitution under other judgments in this case. The restitution will be payable in monthly installments commencing on the first day of the second month following the month in which the defendant is released from the term of imprisonment. Each monthly payment shall be equal to the sum of the Earned Income Amount and the Other Income Amount. The term Earned Income means remuneration for personal services. The term OtherIncome means revenues from all other sources, except public assistance and unemployment insurance compensation. The term Earned Income Amount is defined as 10% of the defendants Earned Income, up to $2,000, plus 20% of Earned Income in excess of $2,000 or up to $3,000, plus 30% of Earned Income in excess of $3,000 and up to $5,000, plus 45% of Earned Income in excess of 5,000, in each case for the preceding month. The term Other Income Amount is defined as 80% of the defendants Other Income for the preceding month. The Court makes no recommendation whether or not the Defendant Abdel Bary should be designated to the supermax facility in Florence, Colorado, but if the defendant is designated to a more conventional facility the Court recommends he be designated to a facility in the Northeast Region. Upon motion of the Government, all underlying indictments as to this defendant are dismissed. Defendant remained remanded. Kaplan, J. (ajc) (Entered: 02/06/2015) 02/06/2015 1906 LETTER by United States of America as to (S7-98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from AUSA Nicholas J. Lewin dated January 27, 2015 re: The Government writes respectfully with regard to Government exhibits 2201 A through L, the admissibility of which are sub judice. See Trial Transcript, dated Jan. 27, 2015 ("Tr."), at 257: 18-25. Specifically, the Government writes to provide to the Court the Arabic -to-English translations of Government Exhibits 2201 A through L. The parties have stipulated that these translations are fair and accurate. (bw) (Entered: 02/09/2015) 02/06/2015 DISMISSAL OF COUNTS on Government Motion as to Adel Abdel Bary (17) Count 1,1s,1ss,2ss,3s,3,3ss,4s,4,4ss,5s,5,5ss,6s,6,6ss,7,7s,7ss-8ss,8s,8,9s,9,9ss,10s,10, 10ss,11- 223,11s-223s,11ss-234ss,224-234,224s-234s,235-275,235s-275s,235ss-279ss,276, 276s,277-278,277s-279s,279,280-281,280s-282s,280ss- 283ss,282,283,283s,284,284s,284ss, 285,285s,285ss-286ss,286,286s,287ss-305ss,306ss- 308ss. (bw) (Entered: 02/13/2015) 02/07/2015 1902 REPLY MEMORANDUM OF LAW in Support by United States of America as to Khaled Al Fawwaz re: 1869 MOTION in Limine To Preclude Admission of the Deposition Testimony of Two Witnesses. . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Buckley, Sean) (Entered: 02/07/2015) 02/07/2015 1903 REPLY MEMORANDUM OF LAW in Support by United States of America as to Khaled Al Fawwaz re: 1887 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 28, 2015 re: Preclusion of Victim Testimony at Trial ., 1853 MOTION in Limine To Preclude Testimony Pursuant to Federal Rules of Evidence 702, 401 and 403., 1869 MOTION in Limine To Preclude Admission of the Deposition Testimony of Two Witnesses. . (Buckley, Sean) (Entered: 02/07/2015) 02/07/2015 1904 REPLY MEMORANDUM OF LAW in Support by United States of America as to Khaled Al Fawwaz re: 1853 MOTION in Limine To Preclude Testimony Pursuant to Federal Rules of Evidence 702, 401 and 403., 1835 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 9, 2015 re: 1828 Order on Motion in Limine,,, re: Reconsideration of order denying without prejudice motion in limine to preclude "Al Qaeda Member Li . (Buckley, Sean) (Entered: 02/07/2015) 02/08/2015 1905 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated February 8, 2015 re: Monday Conclusion of Testimony Early (Sternheim, Bobbi) (Entered: 02/08/2015) 02/09/2015 1907 ORDER as to (S7-98-Cr-1023-15) Khaled Al Fawwaz. With defendant's consent, the government filed a classified document, dated February 6, 2015, requesting certain relief.

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 370/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 The government's request is granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/9/2015)(bw) (Entered: 02/10/2015) 02/09/2015 1908 ORDER as to (S7 and S10 98-Cr-1023-) Khaled Al Fawwaz (15), Anas Al Liby (21). The Memorandum and Order with Respect to the Government's Motion Pursuant to Section 6 of CIPA, dated December 11, 2014, was filed under seal with the Classified Information Security Officer ("CISO"). The Court has been advised by the CISO that the attached copy of that Memorandum and Order, reviewed and redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet [DI 1801]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/9/2015)(bw) (Entered: 02/10/2015) 02/09/2015 1909 ORDER as to (S10 98-Cr-1023-21) Anas Al Liby. The Memorandum and Order with Respect to Al Liby's Notice of Intent to Disclose Classified Information Pursuant to Section 5 of CIPA, dated December 11, 2014, was filed with the Classified Information Security Officer ("CISO"). The Court has been advised by the CISO that the attached copy of that Memorandum and Order, reviewed and redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet [DI 1802]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/9/2015)(bw) (Entered: 02/10/2015) 02/09/2015 1910 ORDER as to (S7 and S10 98-Cr-1023-) Khaled Al Fawwaz (15), Anas Al Liby (21). The Stipulated Protective Order with Respect to CIPA § 6, dated December 11, 2014, was filed with the Classified Information Security Officer ("CISO"). The Court has been advised by the CISO that the attached copy of that Stipulated Protective Order, reviewed and redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet [DI 1800]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/9/2015)(bw) (Entered: 02/10/2015) 02/09/2015 1911 ORDER as to (S7 98-Cr-1023-15) Khaled Al Fawwaz. The Memorandum Opinion with Respect to Al Fawwaz' s Notice of Intent to Disclose Classified Information Pursuant to Section 5 of CIPA, dated December 11, 2014, was filed with the Classified Information Security Officer ("CISO"). The Court has been advised by the CISO that the attached copy of that Memorandum Opinion, reviewed and redacted by the appropriate authorities in accordance with the Classified Information Procedures Act, now may be filed on the public record. Accordingly, the Clerk shall file the attached copy in place of the half sheet [DI 1803]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/9/2015)(bw) (Entered: 02/10/2015) 02/09/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/9/2015. Trial continued. (jbo) (Entered: 03/02/2015) 02/10/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/10/2015. Trial continued and adjourned until 2/12/15. (jbo) (Entered: 03/02/2015) 02/12/2015 1912 JUDGMENT In A Criminal Case (S15-98-Cr-1023-17). Date of Imposition of Judgment: February 6, 2015. Defendant Adel Abdel Bary (17) pleaded guilty to Count(s) 1sss, 2sss, 3sss. Count(s) all underlying indictments as to this defendant are dismissed on the motion of the United States. IMPRISONMENT: 120 months on each of counts (S15)One and (S15)Two and 60 months on Count (S15)Three, the terms to be served consecutively, for an aggregate term of imprisonment of 300 months. The court makes the following recommendations to the Bureau of Prisons: The Court makes no recommendation whether Defendant Abdel Bary is designated to the facility in Florence, Colorado, but if the defendant is designated to a more conventional facility the Court recommends he be designated to a facility in the Northeast Region. -The defendant is remanded to the custody of the United States Marshal. ASSESSMENT: $300.00, due immediately. RESTITUTION: $33,816,561.75. Name of Payee: Families of Victims (see schedule A filed under seal), Restitution Order: $7,516,561.75; United States of America, Restitution Ordered: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 371/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 26,300,000. Special instructions regarding the payment of criminal monetary penalties: See the attached additional Schedule of Payments page. Joint and Several: The defendant's restitution obligation is joint and several with all other defendants under the 1:98-cr- 1023(LAK) docket number that include restitution obligations. Schedule of Payments (See page 5 of Judgment). (Signed by Judge Lewis A. Kaplan on 2/12/2015)(bw) (Entered: 02/13/2015) 02/12/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/12/2015. Trial continued and adjourned until 2/17/15. Government rested. (jbo) (Entered: 03/02/2015) 02/13/2015 1913 MANDATE of USCA (certified copy) as to Wadih El Hage re: 1203 Notice of Appeal - Final Judgment, USCA Case Number 13-1755-cr. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 2/13/2015. (tp) (Entered: 02/13/2015) 02/13/2015 Transmission of USCA Mandate/Order to the District Judge re: 1913 USCA Mandate - Final Judgment Appeal. (tp) (Entered: 02/13/2015) 02/17/2015 1914 ORDER as to (S7 98-Cr-1023-15) Khaled Al Fawwaz. The government moves to preclude the proposed testimony of defendant's prposed expert, Emile George Howard Joffe pursuant to Fed. R. Evid. 702, 401 and 403. The substance of the proposed testimony is set forth to a substantial extent in (1) Mr. Joffe's 1999 report submitted in another litigation, highlighted to show which portions defendant proposes to offer here (DI 1884-1)(the "Report"), (2) a letter from defendant's counsel (DI 1853-2)(the "Letter"), and (3) defendant's opposition to the government's motion (DI 1884)("Opp."). As an initial matter, the Court is entirely mindful that, as defendant has put it: "It is central to the theme of the defense... that Mr. Al Fawwaz was a peaceful dissident; that he met Bin Laden in Afghanistan; that they were both members of the ARC and shared an interest in peaceful reform in Saudi Arabia; and that when Bin Laden turned violent against the West, Mr. Al Fawwaz was distressed and did not support that change in focus." Opp. at 19-20. It is mindful also that the defense contends that the ARC was a peaceful Saudi dissident organization that shared some views with UBL, but not his violent approach to the United States. In each case, of course, the government argues that the evidence proves something else entirely -- a conspiracy, among others, knowingly joined by the defendant to kill Americans and that ARC was an al Qaeda "front" or tool. Defendant is entitled to offer admissible evidence in support of his contention. The questions presented by the proposed testimony of Mr. Joffe relate to whether that testimony is admissible. The Court has considered the parties' submissions and rules now, on the basis of those submissions, that certain portions of Mr. Joffe's proposed testimony would not be admissible, even assuming that the witness were qualified to give it and that those portions satisfied the requirements of Fed. R. Evid. 702. It has scheduled a hearing to take testimony from Mr. Joffe with respect to his qualifications, methodology, and reliability concerning the balance of the proposed testimony for February 17, 2015, and will rule on the admissibility of all or part of the remainder of the proposed testimony subsequently. This order should not be construed as determining that any portion of the proposed testimony not ruled upon here necessarily is relevant or not excludable under Rule 403. The rulings made at this time are set forth below....[See this Order for complete details]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/14/2015)(bw) (Entered: 02/17/2015) 02/17/2015 1915 MEMORANDUM AND ORDER as to (S7 98-Cr-1023-15) Khaled Al Fawwaz. The government moves in limine to preclude the admission of the deposition testimony of Mohammad al Massari and Abdel Bari Abu Atwan on the grounds, among others, that (1) statements attributed by the witnesses to defendant al Fawwaz all are hearsay, (2) those statements are admissible neither as statements of al Fawwaz' s then-existing state of mind nor as circumstantial evidence thereof, (3) opinions by Massari and Atwan as to al Fawwaz's statement of mind are not admissible under Fed. R. Evid. 701, (4) much of the testimony of these witnesses that al Fawwaz seeks to offer is incompetent and/or irrelevant, and (5) nearly all of the proffered testimony, at least of Massari, was taken in contravention of orders of this Court that limited the scope of the deposition and thus foreclosed the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 372/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 examination that elicited much of the proffered testimony....[See this Memorandum And Order]... There are three additional points that warrant brief mention. First, al Fawwaz contends that any objection that the government did not make on the record of the deposition was waived in light of Fed. R. Crim. P. 15(g). This Court construes Rule 15(g) as requiring a party to assert at a deposition on pain of waiver only objections to matters that could be cured at the deposition, as by rephrasing an objectionable question. See United States v. Bertoli, 854 F. Supp. 957, 1021 (D. N.J.)("[o]bjections to form should have been made at the time the objectionable question") (construing prior version of Rule 15(g) that was designated 15(f)), aff'd in part, vacated in part on other grounds, 40 F.3d 1384 (3d Cir. 1994); Fed.R.Crim.P. 15(f), Advisory Comm. Note (discussing 1974 Amendment). Second, the Court is quite surprised at the extent to which defendant's counsel ignored express limitations on the scope of these depositions. It considers that all testimony obtained by examination in violation of those limitations is properly excludable, regardless of whether it would have been admissible absent the Court's prior orders. Nonetheless, the Court, in the exercise of discretion and in the interests of affording al Fawwaz a fair trial, has allowed some designated testimony that was obtained in violation of the Court's orders. Third, during Atwan's deposition, defense counsel appears to have sought to lay a foundation for the reception in evidence of one or more prior statements by Atwan as past recollections recorded, but the prior statement or statements were not provided to the Court. This ruling is without prejudice to an offer of any such statements and, to the extent appropriate for foundational purposes, relevant portions of Atwan's testimony that otherwise have been excluded. Accordingly, the government's motion to preclude [DI 1869] is granted in part and denied in part as set forth in this order and the materials referred to herein. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/17/2015)(bw) (Entered: 02/17/2015) 02/17/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/17/2015. Trial continued. Defendant rested. (jbo) (Entered: 03/02/2015) 02/18/2015 1916 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/18/2015) 02/18/2015 1917 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/18/2015) 02/18/2015 1918 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/18/2015) 02/18/2015 1919 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated 2/17/2015 re: The defense has decided not to call Professor Joffe to the stand. (ft) (Entered: 02/18/2015) 02/18/2015 1920 LETTER by United States of America as to Khaled Al Fawwaz, Anas Al Liby addressed to Judge Lewis A. Kaplan from Sean S. Buckley, Adam Fee, Nicholas J. Lewin and Stephen J. Ritchin dated 10/20/14 re: The Government respectfully writes pursuant to the Court's Order that the parties address the impact of the judicial review proceeding in London on whether the Court should delay the trial in the above-referenced case Document filed by United States of America. For the reasons set forth below, the Court should not delay this trial because of the pendency of the judicial proceedings in the U.K. on the remote possibility that the evidence sought in such proceedings (if it exists) will be obtained, especially since it is not at all clear that the defense could use the evidence it seeks consistent with the rules against hearsay. In addition, we write to address briefly certain claims made by counsel for Fawwaz in their supplemental submissions seeking a continuance, dated October 17 and 20,2014. (jw) (Entered: 02/19/2015) 02/18/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/18/2015. Trial continued. Government closing arguments heard. (jbo) (Entered: 03/02/2015) 02/19/2015 1921 MEMORANDUM OPINION REGARDING DENIAL OF MOTION TO ADJOURN TRIAL #105273 as to Khaled Al Fawwaz re: 1824 LETTER MOTION addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated January 5, 2015 re: Continuance of Trial Date filed by Khaled Al Fawwaz. For the foregoing reasons, Al Fawwazs motion was denied to the extent he sought a postponement of the trial beyond January 20, 2015. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 373/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 (Signed by Judge Lewis A. Kaplan on 2/19/15)(jw) Modified on 2/24/2015 (ca). (Entered: 02/19/2015) 02/19/2015 1922 Supplemental Memorandum Regarding Denial of Motion to Adjourn Trial, dated February 19, 2015 as to Khaled Al Fawwaz. (jw) (Entered: 02/19/2015) 02/19/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/19/2015. Trial continued and adjourned until 2/23/15. Defense closing arguments and Government rebuttal arguments heard. (jbo) (Entered: 03/02/2015) 02/20/2015 1923 SEALED DOCUMENT placed in vault. (rz) (Entered: 02/20/2015) 02/23/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/23/2015. Trial continued. Jury charged and jury deliberations began. (jbo) (Entered: 03/02/2015) 02/24/2015 1924 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/24/2015) 02/24/2015 1925 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/24/2015) 02/24/2015 1926 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/24/2015) 02/24/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/24/2015. Trial continued. Jury deliberations continued. (jbo) (Entered: 03/02/2015) 02/25/2015 1927 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 2/2/2015 re: The Government respectfully requests that the Court deliver the instruction as written at page 38 of the Abu Ghayth Jury Instructions. (ft) (Entered: 02/25/2015) 02/25/2015 1928 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated February 25, 2015 re: Juror No. 25 (Robinson, John) (Entered: 02/25/2015) 02/25/2015 1929 LETTER MOTION addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated February 25, 2015 re: remedy if juror in seat number six is excused . Document filed by United States of America as to Khaled Al Fawwaz. (Buckley, Sean) (Entered: 02/25/2015) 02/25/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/25/2015. Trial continued. Jury deliberations adjourned until 2/26/15. (jbo) (Entered: 03/02/2015) 02/26/2015 1930 ORDER terminating 1929 LETTER MOTION request for brief as to Khaled Al Fawwaz (15). (Signed by Judge Lewis A. Kaplan on 2-27-2015) (Kaplan, Lewis) (Entered: 02/26/2015) 02/26/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Khaled Al Fawwaz held on 2/26/2015. Trial continued. Jury deliberations continued and concluded. A verdict of guilty as charged in the (S7) indictment. Sentencing scheduled for May 15, 2015 at 10:00am. The defense sentencing submission is due 5/1/15. PSI was ordered. Defendant remained detained. (jbo) (Entered: 03/02/2015) 02/26/2015 JURY VERDICT as to Khaled Al Fawwaz (15) Guilty on Count 1s,3s,5s,6s. (jbo) (Entered: 03/02/2015) 02/26/2015 Set/Reset Hearings as to Khaled Al Fawwaz: Sentencing set for 5/15/2015 at 10:00 AM before Judge Lewis A. Kaplan. (jbo) (Entered: 03/02/2015) 02/26/2015 Order of Referral to Probation for Presentence Investigation and Report as to Khaled Al Fawwaz. (Signed by Judge Lewis A. Kaplan on 2/26/15)(jbo) (Entered: 03/02/2015) 03/04/2015 1931 ENDORSED LETTER as to (S7 98 Cr. 1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Attorney Bobbi C. Sternheim dated March 4, 2015 re: With the consent of the government (by AUSA Sean Buckley), we request an enlargement of time to April 1, 2015 to file any post-verdict motions. ENDORSEMENT: Granted. Government https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 374/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 response due 4/15/2015. Reply if any due 4/22/2015. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/4/2015)(bw) (Entered: 03/04/2015) 03/13/2015 1932 NOTICE of Change of Address as to Adel Abdel Bary. New Address: Law Offices of Jill R. Shellow, 40 Fulton Street, 23rd Floor, New York, NY, USA 10038, (212) 792-4911. (Shellow, Jill) (Entered: 03/13/2015) 03/17/2015 1933 TRANSCRIPT of Proceedings as to Adel Abdel Bary re: Sentence held on 2/6/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/10/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/18/2015. (McGuirk, Kelly) (Entered: 03/17/2015) 03/17/2015 1934 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Adel Abdel Bary. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/6/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/17/2015) 03/18/2015 1935 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 1/22/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1936 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 1/22/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1937 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 1/26/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1938 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 1/26/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1939 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 1/26/2015 corrected trial before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 375/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 03/18/2015 1940 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 1/26/2015 corrected trial has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1941 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 1/28/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1942 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 1/28/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1943 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 1/29/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1944 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 1/29/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1945 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 1/30/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1946 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 1/30/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1947 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/2/15 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 376/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1948 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/2/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1949 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/3/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1950 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/3/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1951 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/4/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1952 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/4/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1953 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/5/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1954 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/5/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1955 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/5/15 corrected trial before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 377/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1956 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/5/15 corrected trial has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1957 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/9/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1958 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/9/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1959 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/9/2015 corrected trial before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1960 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/9/2015 corrected trial has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1961 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/10/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1962 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/10/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1963 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/12/15 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 378/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1964 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/12/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1965 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/17/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1966 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/17/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1967 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/19/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1968 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/19/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1969 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/23/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1970 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/23/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1971 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/24/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 379/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1972 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/24/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1973 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/25/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1974 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/25/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1975 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Trial held on 2/26/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/19/2015. (McGuirk, Kelly) (Entered: 03/18/2015) 03/18/2015 1976 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Trial proceeding held on 2/26/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/18/2015) 04/09/2015 1977 NOLLE PROSEQUI ENTERED as to Anas Al Liby. Anas Al Liby (21) Count 1, 1s, 2s, 3, 3s, 4s, 5, 5s, 6, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s- 305s, 306s-308s. Upon the foregoing recommendation, I hereby direct, with leave of the Court, that an order of nolle prosequi be filed as to defendant ANAS AL LIBY. (Signed by Judge Lewis A. Kaplan on 4/9/2015)(ft) (Entered: 04/09/2015) 04/09/2015 1978 LETTER by Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated 4/9/2015 re: The Government respectfully writes to clarify its position with regard to the defendant's request for an adjournment of sentencing, dated April 7, 2015. (ft) (Entered: 04/09/2015) 04/09/2015 1979 ENDORSED LETTER as to Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from Bobbi C. Sternheim dated 4/7/2015 re: Adjournment of Sentencing. ENDORSEMENT: The application is denied. Reference should be made to the transcript of proceedings this date. (Signed by Judge Lewis A. Kaplan on 4/6/2015)(ft) (Entered: 04/09/2015) 05/01/2015 1980 SENTENCING SUBMISSION by Khaled Al Fawwaz. (Sternheim, Bobbi) (Entered: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 380/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 05/01/2015) 05/06/2015 1981 MEMORANDUM OPINION #105507 as to (S7-98-Cr-1023-15) Khaled Al Fawwaz. On August 7, 1998, the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania were bombed, killing 224 individuals and injuring thousands more. Defendant Khalid al Fawwaz was indicted for, among other things, conspiring with Usama bin Laden and others to kill Americans abroad by bombing the United States embassies in Nairobi and Dar es Salaam and by other means. A five-week trial commenced on January 20, 2015. After the jury was charged, told that it would receive a copy of the indictment, and retired to deliberate, al Fawwaz for the first time raised concerns regarding the scope of the indictment to be provided to the jury. Al Fawwaz argued principally that the government should redact from the 148-page indictment any allegations that had not been subject to proof at trial. When the government acquiesced and redacted the portions of the indictment that it had not attempted to prove at trial, al Fawwaz then claimed that the submission of a shorter, redacted version of that indictment would unduly prejudice him. Ultimately, the Court elected not to provide the jury with either the original indictment or a redacted version of it. It instead read aloud to the jury certain overt acts from the indictment that al Fawwaz agreed had been subject to proof at trial. Al Fawwaz immediately moved for a mistrial, which the Court denied from the bench. This opinion sets out the context and bases for that ruling....[See this Memorandum Opinion]... Conclusion: For the foregoing reasons, as well as those stated on the record on February 24, 2015, al Fawwaz's motion for a mistrial was denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/6/2015) (bw) Modified on 5/12/2015 (ca). (Entered: 05/06/2015) 05/08/2015 1982 SENTENCING SUBMISSION by United States of America as to Khaled Al Fawwaz. (Buckley, Sean) (Entered: 05/08/2015) 05/13/2015 1983 SENTENCING SUBMISSION by Khaled Al Fawwaz. (Sternheim, Bobbi) (Entered: 05/13/2015) 05/15/2015 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 5/15/2015 for (S7-98-Cr-1023-) Khaled Al Fawwaz (15) Count 1s,3s,5s,6s. Sentencing hearing held. Defendant al-Fawwaz present with attorneys Bobbi Sternheim, David V. Kirby, and Barbara E. O'Connor. AUSAs Sean S. Buckley, Nicholas J. Lewin, Stephen J. Ritchin, and Adam Fee present. Court reporter Tom Murray present. The defendant is sentenced to a term of LIFE imprisonment on each of Counts (S7)One, (S7)Three, and (S7)Five, and a term of imprisonment of 120 months on Count (S7)Six, the terms to run concurrently, and that you pay the mandatory special assessment of $400. Defendant Fawwaz shall pay restitution in the aggregate amount of $33,816,561.75, of which $26,300,000 is payable to United States and $7,516,561.75 is payable to the Clerk of this district court for distribution to the victims of the East Africa embassy bombings and their families. The obligation to pay restitution is joint and several with other defendants under indictment No. 98 Cr. 1023 who have been and may hereafter be ordered to pay such restitution jointly and severally. The restitution shall be payable in monthly installments at the rate of 20 percent of any revenue you receive in the preceding month. Defendant Fawwaz remained remanded. (bw) (Entered: 05/15/2015) 05/19/2015 1984 ORDER as to Anas Al Liby. The Court is in receipt of a letter from a reporter, Mr. Adam Klasfeld, who requests the unsealing of a supposed motion to suppress, said to have been filed under seal on December 12, 2014, on behalf of this deceased defendant, Anas al Liby. Mr. Klasfeld's application is denied on the ground that he did not serve the government, which was entitled to notice of his application and an opportunity to be heard with respect to it. Mr. Klasfeld of course may file a new application with proof of service on the government. Should he do so, he would be well advised first to give careful attention to materials already on the public record, especially materials filed during the period December 12, 2014 through January 6, 2015, as these may well inform any new application. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/19/2015)(ft) (Entered: 05/19/2015) 05/19/2015 1985 Email by Andrew Mohan, Courtroom Deputy, as to Khaled Al Fawwaz addressed to Counsel dated May 7, 2015 re: Judge Kaplan has asked me to relay to counsel that they should be prepared at sentencing to advise the Court of whether and to what extent the time https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 381/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 served by the defendant from his September 1998 arrest to the date of sentencing will be credited to the sentence to be imposed. (Mohan, Andrew) (Entered: 05/19/2015) 05/19/2015 1986 Email by Andrew Mohan, Courtroom Deputy as to Khaled Al Fawwaz addressed to Counsel dated May 7, 2015 re: Judge Kaplan has asked me relay to counsel that they should be prepared at sentencing to advise the Court also whether the defendant would be eligible to receive "good time" with respect to time served in British custody, assuming that time served in British custody would be credited against the sentence to be imposed. Document filed by United States of America. (Mohan, Andrew) (Entered: 05/19/2015) 05/19/2015 1987 Email by Andrew Mohan, Courtroom Deputy as to Khaled Al Fawwaz addressed to Counsel dated May 14, 2015 re: Judge Kaplan has requested that the government respond in writing, preferably by the close of business today, to the assertion in Ms. Sternheim's letter dated May 13, 2015, that the defendant would "receive 'good time' credit with respect to the approximately fourteen years that he served in the United Kingdom" (on the assumptions there stated). Document filed by United States of America. (Mohan, Andrew) (Entered: 05/19/2015) 05/19/2015 1988 Sentencing Letter by United States of America as to Khaled Al Fawwaz addressed to Hon. Lewis A. Kaplan from Sean S. Buckley, AUSA dated 5/14/2015 re: The Government respectfully submits this letter in advance of sentencing and pursuant to the Court's directive for the parties to address: (i) whether and to what extent the time served by the defendant in the United Kingsom from his September 1998 arrest to the date of sentencing will be credited against the sentence to be imposed, and, if so, (ii) whetehr the defendant would be eligible to receive "good time" credit with respect to time served in British custody. (Mohan, Andrew) (Entered: 05/19/2015) 05/19/2015 1989 JUDGMENT In A Criminal Case (S7-98-Cr-1023-15). Date of Imposition of Judgment: May 15, 2015. Defendant Khaled Al Fawwaz (15) as found guilty on Count(s) 1s, 3s, 5s, 6s, after a plea of not guilty. IMPRISONMENT: LIFE imprisonment on each of Counts (S7)One, (S7)Three, and (S7)Five, and a term of imprisonment of 120 months on Count (S7)Six, the terms to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court makes no recommendation as to the type of facility the defendant should be designated, but if the defendant is designated to a conventional facility, rather than an ADMAX facility, the Court recommends he be designated to a facility in the Northeast Region. The Court makes the following recommendation to the Department of Justice: The Court is mindful of the fact that defendant may have the ability to apply to the U.S. Department of Justice under the international prisoner transfer program to be allowed to serve some or all of his sentence in another nation. Although a decision on any such application, if one is made, would be up to the Department of Justice, the Court strongly recommends that any such application be denied. The defendant has been convicted of very serious crimes against American citizens. His punishment ought to be served in, and more particularly, always remain under the control of the United States of America. -The defendant is remanded to the custody of the United States Marshal. ASSESSMENT: $400, due immediately. RESTITUTION: $33,816,561.75. Special instructions regarding the payment of criminal monetary penalties: The restitution shall be payable in monthly installments at the rate of 20% of any revenue the defendant receives in the preceding month. Joint and Several: The obligation to pay restitution is joint and several with other defendants under indictment No. 98 Cr. 1023 who have been and may hereafter be ordered to pay such restitution jointly and severally. (Signed by Judge Lewis A. Kaplan on 5/19/2015)(bw) (Entered: 05/19/2015) 05/20/2015 1990 ENDORSED LETTER as to (98-Cr-1023-15) Khaled Al Fawwaz addressed to Judge Lewis A. Kaplan from AUSAs Sean S. Buckley, Adam Fee, Nicholas J. Lewin, Stephen J. Ritchin dated May 19, 2015 re: The Government respectfully writes to request that the Court dismiss without prejudice any open counts and/or underlying indictments with respect to defendant Khalid al Fawwaz only. ENDORSEMENT: Application granted. So Ordered: (Signed by Judge Lewis A. Kaplan on 5/20/2015)(bw) (Entered: 05/20/2015) 05/20/2015 DISMISSAL OF COUNTS on Government Motion as to Khaled Al Fawwaz (15) Count 1,1ss,1sss,2sss,3ss,3,3sss,4,4sss,5ss,5,5sss,6,6ss,6sss,7sss-8sss,9sss,10sss,11sss-234sss, 235sss-279sss,280sss-283sss,284sss,285sss-286sss,287sss-305sss,306sss-308sss. [*** https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 382/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 NOTE: Refer to Endorsed Letter, Doc.# 1990 , filed on 5/20/2015. ***] (bw) (Entered: 05/20/2015) 05/21/2015 1991 SEALED DOCUMENT placed in vault. (mps) (Entered: 05/21/2015) 05/21/2015 1992 SEALED DOCUMENT placed in vault. (mps) (Entered: 05/21/2015) 05/21/2015 1993 SEALED DOCUMENT placed in vault. (mps) (Entered: 05/21/2015) 05/27/2015 1994 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Sentence held on 5/15/2015 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Thomas Murray, (212) 805- 0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/22/2015. Redacted Transcript Deadline set for 7/2/2015. Release of Transcript Restriction set for 8/28/2015. (McGuirk, Kelly) (Entered: 05/27/2015) 05/27/2015 1995 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/15/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/27/2015) 05/27/2015 1996 NOTICE OF APPEAL by Khaled Al Fawwaz from 1989 Judgment. [NoA filed by CJA appointed attorney on behalf of the defendant]. (nd) (Entered: 05/27/2015) 05/27/2015 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Khaled Al Fawwaz to US Court of Appeals re: 1996 Notice of Appeal - Final Judgment. (nd) (Entered: 05/27/2015) 05/27/2015 1997 TRANSCRIPT REQUEST FORM B Filed by Khaled Al Fawwaz for a Sentence proceeding held on 05/15/2015 before Judge Lewis A. Kaplan Transcript due by 6/11/2015. (nd) (Entered: 05/27/2015) 06/01/2015 1998 ORDER as to Anas Al Liby. Applicant may make a second renewed request provided it is accompanied by evidence that the request was served on the United States Attorney's Office and, as this latest request may seek access to materials relating to defendant al Fawwaz, on counsel for al Fawwaz as well. Should such a request be served upon it, the government and al Fawwaz shall respond no later than seventeen days following the date of the request. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/1/2015)(ft) (Entered: 06/01/2015) 06/02/2015 1999 ORDER as to Anas Al Liby. Accordingly, the renewed request is denied for failure to provide any evidence that the applicant served counsel for al Fawwaz and, at best, ambiguous evidence with respect to the possibility of service on the government, both of which are entitled to notice of and an opportunity to respond to the request. Applicant may make a second renewed request provided it is accompanied by evidence that the request was served on the United States Attorney's Office and on counsel for al Fawwaz as well. Should such a request be served upon it, the government and al Fawwaz shall respond no later than seventeen days following the date of the request. (Signed by Judge Lewis A. Kaplan on 6/2/2015)(jw) (Entered: 06/03/2015) 06/17/2015 Appeal Record Sent to USCA (Electronic File). USCA Case Number 15-1731, Certified Indexed record on Appeal Electronic Files as to Khaled Al Fawwaz re: 1996 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (APPELLANT'S COUNSEL IS RESPONSIBLE FOR THE PHYSICAL SUPPLEMENTAL INDEX FOR ANY AND ALL NON-ECF DOCUMENTS). (nd) (Entered: 06/17/2015) 06/26/2015 2000 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/26/2015) 07/27/2015 2001 SEALED DOCUMENT placed in vault. (mps) (Entered: 07/27/2015) 08/13/2015 Payment of Special Assessment from Khaled Al Fawwaz in the amount of $400.00. Date Received: 8/13/2015. (moh) (Entered: 08/13/2015) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 383/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 11/13/2015 2002 TRANSCRIPT of Proceedings as to Khaled Al Fawwaz re: Initial Appearance held on 10/6/12 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/7/2015. Redacted Transcript Deadline set for 12/17/2015. Release of Transcript Restriction set for 2/14/2016. (do) (Entered: 11/13/2015) 11/13/2015 2003 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Khaled Al Fawwaz. Notice is hereby given that an official transcript of a Initial Appearance proceeding held on 10/6/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (do) (Entered: 11/13/2015) 02/19/2016 2004 NOTICE OF ATTORNEY APPEARANCE: Thomas Francis Dunn appearing for L'Houssiane Kherchtou. Appearance Type: CJA Appointment. (Dunn, Thomas) (Entered: 02/19/2016) 03/16/2016 2007 LETTER by Wadih El Hage addressed to Dear Sir/Madam from Wadih El Hage dated 3/7/2016 re: Appealing my sentencing (jw) (Entered: 03/17/2016) 03/21/2016 2009 MEMORANDUM AND ORDER as to Wadih El Hage. Defendant Wadih El-Hage was convicted of various offenses relating to the 1998 al Qaeda bombings of the United States Embassies in Dar es Salaam, Tanzania, and Nairobi, Kenya.He is serving a life sentence at the United States Penitentiary, Administrative Maximum Facility, commonly known as "Super Max." He now seeks the appointment of counsel for the purpose of preparing a motion, pursuant to 28 U.S.C. § 2255, to vacate or set aside his sentence on the basis of unspecified "Attorney Ineffective Assistance" and an order directing such counsel to file such a motion on his behalf. The application for the appointment of counsel for purposes of making a Section 2255 application is denied. This ruling is without prejudice to the filing of a new application (1) setting forth the claims that El-Hage makes and, to the extent he is able to do so, the basis for them, and (2) accompanied by an affidavit or declaration establishing his current financial eligibility. The Clerk shall mail a copy of this order to defendant. The defendant of course is free to file a Section 2255 pro se. The defendant should be aware that the Anti-terrorism and Effective Death Penalty Act requires, with some exceptions, that a Section 2255 motion must be filed within one year of the date upon which the judgment of conviction attacked became final. Although I do not now decide what that date is in this case, it appears preliminarily that it may well be June 8, 2016. (*Chambers mailed a copy of this order on March 21, 2016*) (Signed by Judge Lewis A. Kaplan on 3/21/2016)(jw) (Entered: 03/21/2016) 03/21/2016 2010 INTERNET CITATION NOTE as to Wadih El Hage: Material from decision with Internet citation re: 2009 Order. (Attachments: # 1 Internet Citation, # 2 Internet Citation) (vf) (Entered: 03/29/2016) 03/29/2016 2011 NOTICE of Change of Address as to Mamdouh Mahmud Salim. New Address: Law Offices of Allan Haber, 111 Broadway, 19th Floor, New York, NY, United States 10006-1, 2122334411. (Haber, Allan) (Entered: 03/29/2016) 04/04/2016 2012 Docket Annotation as to Wadih el-Hage: Defendant's copy of DI No. 2009 returned to sender by USPS. Copy of DI No. 2009 re-mailed today to the defendant at USP Florence ADMAX, U.S. Penitentiary, PO BOX 8500, Florence, CO 81226. (Mohan, Andrew) (Entered: 04/04/2016) 04/14/2016 2013 NOTICE of Change of Address as to Adel Abdel Bary. New Address: Law Offices of Jill R. Shellow, 80 Broad Street, Suite 1900, New York, NY, USA 10004, (212) 792-4911. (Shellow, Jill) (Entered: 04/14/2016) 04/26/2016 2014 ORDER as to Wadih El Hage. This defendant recently moved for the appointment of counsel for the purpose of filing a motion pursuant to 28 U.S.C. § 2255. In a memorandum and order dated March 21, 2016, the Court denied the motion without prejudice to renewal https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 384/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 on a showing of the claims that defendant proposes to raise and an affidavit establishing financial eligibility under the Criminal Justice Act. The Court now is in receipt of a letter from the defendant together with a financial affidavit and a clear statement of the grounds for the proposed 2255 motion. The Court has approved the affidavit, which establishes financial eligibility. Inasmuch as the statement of the grounds for the proposed 2255 motion suffice for thefiling of such a motion, the Court directs the Clerk to docket the papers just received from the defendantunder a new civil action number and to treat those papers as a motion for relief under Section 2255. The papers thus docketed shall be filed in this criminal action and in the new civil action. The Clerk promptly shall send a copy of this order and the papers thus docketed to the United States Attorney. The government shall respond to the motion within thirty days of the date of this order. The Court reserves decision on defendant's motion for the appointment of CJA counsel pending receipt of the government's response. (Signed by Judge Lewis A. Kaplan on 4/26/2016)(jw) (Entered: 04/27/2016) 04/26/2016 2015 LETTER by Wadih El Hage addressed to Clerk of the Court from Wadih El Hage dated 4/15/2016 re: To review my application for the appointment of counsel for 2255 application (jw) (Entered: 04/27/2016) 04/27/2016 2016 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Wadih El Hage. (laq) Civil case 1:16-cv-03119 opened. (Entered: 04/27/2016) 04/27/2016 Docket Annotation as to Wadih El Hage: Copy of Docket Item No. 2014 mailed to Wadih el-Hage on April 27, 2016 at USP Florence ADMAX, U.S. Penitentiary, PO BOX 8500, Florence, CO 81226 (Mohan, Andrew) (Entered: 06/09/2016) 05/26/2016 2017 MEMORANDUM in Opposition by United States of America as to Wadih El Hage re 2016 MOTION to Vacate under 28 U.S.C. 2255. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Buckley, Sean) (Entered: 05/26/2016) 06/14/2016 2018 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Ahmed Khalfan Ghailani. (sac) Civil case 1:16-cv-04444 opened. (rdz). (Entered: 06/14/2016) 06/21/2016 2019 ORDER as to (98-Cr-1023-09) Ahmed Khalfan Ghailani. The government shall respond to DI 2018, petitioner's motion to vacate his sentence pursuant to 28 U.S.C. § 2255, within thirty (30) days of the date of this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/21/2016) [*** NOTE: Also docketed in related Civil Case 16-cv-4444(LAK), Doc.#3. ***](bw) (Entered: 06/21/2016) 06/30/2016 2020 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Wadih El Hage. Civil case 1:16-cv-05417 opened. (sac) (Entered: 07/08/2016) 07/12/2016 2021 ORDER as to Wadih El Hage. In accordance with the procedure established in Liriano v. United States, 95 F.3d 119 (2d Cir. 1996), the present application must be transferred to the Court of Appeals. The Clerk shall transfer the application and this order to the Court of Appeals. She shall take whatever steps are appropriate with respect to the docketing fee. (As further set forth in this Order) Refer to 16cv5417 (LAK) (Signed by Judge Lewis A. Kaplan on 7/12/2016)(jw) (Entered: 07/12/2016) 07/14/2016 2022 ORDER as to (98-Cr-1023-01) Wadih El Hage. Wadih El-Hage filed a letter dated April 15, 2016, seeking both (1) relief pursuant to 28 U.S.C. § 2255 and (2) the appointment of counsel to assist with his Section 2255 motion. Both motions currently are pending before the Court. El-Hage subsequently filed a letter, dated June 17, 2016, seeking to reserve his right to file an additional Section 2255 motion seeking relief pursuant to the Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015), "as soon as the court decides [his] motion for appointment of CJA counsel." DI 1. The Court elected to treat the June 17 letter as a new Section 2255 motion and transferred it to the Court of Appeals as a "second or successive" motion for habeas relief (the "Transfer Order"). DI 2. Doing so, however, was error for two reasons. First, the June 17 letter did not seek relief under Section 2255 but rather, sought only to reserve the right to file a Section 2255 motion seeking relief under Johnson in the future. Second, even if the Court construed El-Hage's letter as a Section 2255 motion, it as not "successive" because the prior motion has not been https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 385/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 "'decided on the merits.'" Carranza v. United States, 794 F.3d 237, 240 (2d Cir. 2015) (per curiam) (quoting Vu v. United States, 648 F.3d 111, 113 (2d Cir. 2011) (per curiam)). Accordingly, the Court vacates the Transfer Order and will consider the June 17 letter in due course. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/14/2016) [*** NOTE: Also docketed in related Civil Case 16-CV-5417(LAK), Doc.#3. See related civil case for copy mailed to defendant Wadih El Hage. ***] (bw) (Entered: 07/15/2016) 07/20/2016 2023 ORDER as to Wadih el Hage. For the foregoing reasons, el Hage's renewed motion for the appointment of counsel [DI 2016] is denied except as to Claim Two as to which it is granted. An appointment will be made in a subsequent order. El Hage's Section 2255 motion [DI 2016] is denied with respect to Claims One, Three, Four, and Five. El Hage's motion for the appointment of counsel to pursue a Section 2255 motion seeking relief under Johnson [DI 2020] also is denied. A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of28 U.S.C. § 1915(a)(3). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/20/2016) (ft) (Entered: 07/20/2016) 07/20/2016 2024 ORDER as to Wadih El Hage. Having determined that el Hage is financially eligible, the Court appoints Alan M. Nelson as counsel to represent el Hage in litigating the Coercion Claim. The government shall respond no later than thirty days after the date el Rage's affidavit is filed. The government's response shall include, at a minimum, affidavits from Joshua L. Dratel, Sam A. Schmidt, and any other attorney mentioned in el Hage's affidavit. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/20/2016)(ft) (Entered: 07/20/2016) 07/25/2016 2025 LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson, Esq. dated 7/25/2016 re: Application for:(1) Authorization for Funds Pursuant to the CJA Act to Travel to visit Petitioner; & (2) Appointment of Associate Counsel . Document filed by Wadih El Hage. (Nelson, Alan) (Entered: 07/25/2016) 07/25/2016 2026 ORDER granting 2025 LETTER MOTION Approve expenses and assoc. counsel as to Wadih El Hage (1). (Signed by Judge Lewis A. Kaplan on 7/25/2016) (Kaplan, Lewis) (Entered: 07/25/2016) 07/26/2016 2027 NOTICE OF ATTORNEY APPEARANCE: Ezra Spilke appearing for Wadih El Hage. Appearance Type: CJA Appointment. Associate counsel (Spilke, Ezra) (Entered: 07/26/2016) 07/28/2016 2028 MOTION for Extension of Time to Allow for Issuance of Proposed Order and Execution of Informed Consent (Also Filed as DI #5 in 16 Civ. 4444 (LAK)). Document filed by United States of America as to Ahmed Khalfan Ghailani. (Attachments: # 1 Text of Proposed Order and Informed Consent)(Lewin, Nicholas) (Entered: 07/28/2016) 08/01/2016 2029 LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson, Esq. dated 8/1/2016 re: Application to Unseal Specified Documents Concerning the Defendant's Competency Evaluation . Document filed by Wadih El Hage. (Nelson, Alan) (Entered: 08/01/2016) 08/02/2016 2030 LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson, Esq. dated 8/2/2016 re: Application to Unseal Specified Documents Concerning the Defendant's Competency Evaluation- Docket entry Identification . Document filed by Wadih El Hage. (Nelson, Alan) (Entered: 08/02/2016) 08/02/2016 2031 ORDER as to Ahmed Khalfan Ghailani. Ahmed Khalfan Ghailani has filed a motion under 28 U.S.C. § 2255 seeking post conviction relief on several grounds including ineffective assistance of counsel. The government, after reviewing Ghailani's motion, has concluded that the testimony of Ghailani's former counsel, Peter E. Quijano, Esq., will be needed in order to respond to certain aspects of the 2255 motion. Accordingly, Mr. Quijano shall give sworn testimony, in the form of an affidavit or affirmation, addressing certain factual allegations made by Ghailani. The government shall have 45 days from the date of this order to obtain sworn testimony from Mr. Quijano and file its opposition and any supporting papers with this Court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/2/2016)(ft) (Entered: 08/02/2016) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 386/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 08/03/2016 2032 SEALED DOCUMENT placed in vault. (rz) (Entered: 08/03/2016) 08/15/2016 2037 PETITIONER'S OBJECTION TO THE GOVERNMENT'S REQUEST FOR PETITIONER'S ATTORNEY TO FILE AFFIDAVIT. Document as to (S10-98-Cr-1023- 09) Ahmed Khalfan Ghailani. [*** NOTE: Also docketed in related Civil Case 16-Cv- 4444(LAK), Doc.#8. ***] (bw) (Entered: 09/13/2016) 08/22/2016 2033 ORDER as to (98-Cr-1023-09) Ahmed Khalfan Ghailani. The Court treats movant's objection [DI 8] as an application for reconsideration of the Court's order of August 2, 2016 [DI 7]. The application for reconsideration is granted. On reconsideration, the Court adheres to its August 2, order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/21/2016) [*** NOTE: Also docketed in related Civil Case 16-cv-4444(LAK), Doc.#10. ***] (bw) (Entered: 08/22/2016) 08/24/2016 2034 LETTER by Wadih El Hage addressed to Clerk of Court from Wadih El-Hage dated 8/4/2016 re: I have not heard from my attorney. (ft) (Entered: 08/25/2016) 09/01/2016 2035 AFFIDAVIT of Wadih El-Hage in Support as to Wadih El Hage re 113 Motion to DismissMotion for Miscellaneous ReliefMotion for Bill of ParticularsMotion for Joinder. Affidavit In support of Petition Pursuant to 28 U.S.C. 2255 (Nelson, Alan) (Entered: 09/01/2016) 09/12/2016 2036 ORDER as to (98-Cr-1023-01) Wadih El Hage. Movant has applied for an order "unsealing all documents relating to docket entries 146, 316, 317 and 376" in 98-cr-1023 in the belief that they may contain information pertinent to his mental state at the time he elected not to testify in his own defense at trial. Understandably, his counsel has been unable to specify particular documents to which the application might apply. The Court therefore has reviewed all sealed documents docketed in 98-cr-1023 for the period ending November 22, 2000, the date of the order docketed as number 376, to the extent the documents are available. The Court has determined that the following sealed documents are or may be relevant to docket entries 146, 316, 317 and 376: 98-cr-1023 docket entries 104, 125, 126, 172, 260, 279, 303, 305, 323, 324, 325, and 330 (collectively, the "Sealed Documents"). Accordingly, movant's counsel, Alan Nelson, Esq., shall be permitted to examine and obtain copies of the Sealed Documents, provided, however, that those documents shall remain under seal unless otherwise ordered. The government and movant shall advise the Court no later than October 10, 2016 whether it objects to the unsealing of any of the Sealed Documents. The Clerk's Office has been unable to find the documents corresponding to 98-cr-1023 docket entries 142, 241, 283, 311, 333 and 348. If the government is able to identify and provide the Court with copies of any of those documents, it shall do so no later than October 10, 2016. This order resolves movant's letter motions, 98-cr-1023, DI 2029 and 2030. The Clerk shall terminate those motions. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/12/2016) [*** NOTE: Also docketed in related Civil Case 16-cv- 3119(LAK), Doc.#13. ***] (bw) (Entered: 09/12/2016) 09/14/2016 2038 LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson, Esq. dated 9/14/2016 re: 2036 Order, Set Deadlines/Hearings,,,,,,,,,,,,,, re: Application to Extend Scope of Unsealing Order . Document filed by Wadih El Hage. (Nelson, Alan) (Entered: 09/14/2016) 09/15/2016 2039 ORDER granting 2038 LETTER MOTION extend scope of sealing order as to Wadih El Hage (1). (Signed by Judge Lewis A. Kaplan on 9/15/2016) (Kaplan, Lewis) (Entered: 09/15/2016) 09/16/2016 2040 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Extension of Time to Respond to Petition. Document filed by United States of America as to Ahmed Khalfan Ghailani. (Lewin, Nicholas) Modified on 9/19/2016 (ka). (Entered: 09/16/2016) 09/16/2016 2041 MEMO ENDORSEMENT granting 2040 MOTION for Extension of Time to Respond to Petition, filed by United States of America as to (S10-98-Cr-1023-09) Ahmed Khalfan Ghailani. The Government writes to request an additional sixty days--until November 14, 2016--to respond to petitioner-defendant Ahmed Khalfan Ghailani's ("defendant") petition filed pursuant to 28 U.S.C. § 2255 ("Defendant's Petition"). ENDORSEMENT: Application https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 387/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 granted. SO ORDERED: (Signed by Judge Sidney H. Stein on 9/16/2016, Part I) [*** NOTE: Also docketed in related Civil Case 16-Cv-4444(LAK), Doc.#12. ***] (bw) (Entered: 09/16/2016) 09/16/2016 Set/Reset Deadlines/Hearings as to Ahmed Khalfan Ghailani (9): Responses (By Government) due by 11/14/2016. [*** NOTE: Refer to Memo Endorsement, doc.#2041. ***] (bw) (Entered: 09/16/2016) 09/29/2016 2042 LETTER MOTION addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated September 29, 2016 re: 2016 MOTION to Vacate under 28 U.S.C. 2255, 2024 Order,, 2020 MOTION to Vacate under 28 U.S.C. 2255 re: entry of an Order finding waiver of the attorney-client privilege and directing the defendant to execute an informed consent waiver . Document filed by United States of America as to Wadih El Hage. (Attachments: # 1 Text of Proposed Order Regarding Waiver and Informed Consent)(Buckley, Sean) (Entered: 09/29/2016) 10/03/2016 2043 ORDER granting 2042 a LETTER MOTION as to Wadih el Hage (1). IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of anaffidavit or affirmation, addressing certain factual allegations made by the Petitioner-Defendant, as directed by the Courts July 20, 2016 Order in this matter (16 Civ. 3119 (LAK), DI 5); and IT IS FURTHER ORDERED that Petitioner-Defendant Wadih el Hage execute andreturn to this Court within 30 days from todays date the companying Attorney-Client Privilege Waiver (Informed Consent) form. If the document is not received by the Court within 30 days from todays date, the Court will deny the Motion, on the ground that the movant failed to authorize the disclosure of information needed to permit the Government to respond to aspects of the Motion; and 3IT IS FURTHER ORDERED that the Government shall be permitted until November 14, 2016 to obtain sworn testimony from Counsel and file its opposition and any additional supporting papers with this Court(Signed by Judge Lewis A. Kaplan on 10/3/2016)(Mohan, Andrew) (Entered: 10/03/2016) 10/24/2016 2044 NOTARIZED AUTHORIZATION of Wadih El-Hage in response to docket item 2043 Order re: Attorney-Client Privilege Waiver (informed Consent). Document filed by Wadih El Hage (Nelson, Alan). Modified on 10/24/2016 (ka). Modified on 11/9/2016 at the direction of Judge Kaplan (Mohan, Andrew). (Entered: 10/24/2016) 10/24/2016 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Alan Mitchel Nelson as to Wadih El Hage: to MANUALLY RE-FILE Document No. 2044 Attorney-Client Privilege Waiver (Informed Consent). This document is not filed via ECF. (ka) (Entered: 10/24/2016) 10/28/2016 2045 MEMORANDUM in Opposition by United States of America as to Ahmed Khalfan Ghailani re 2018 MOTION to Vacate under 28 U.S.C. 2255. (Attachments: # 1 Exhibit A (Def Rule 29/33 Mot), # 2 Exhibit B (Def 2d Cir Brief), # 3 Exhibit C (DCO Docket Sheet), # 4 Exhibit D (10th Cir Docket Sheet), # 5 Exhibit E (Quijano Aff), # 6 Exhibit F (Lewin Decl))(Lewin, Nicholas) (Entered: 10/28/2016) 11/09/2016 2046 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STATUS REPORT Regarding Acquisition of Sealed Documents for Court Inspection from Government by Wadih El Hage. (Nelson, Alan) Modified on 11/10/2016 (ka). (Entered: 11/09/2016) 11/10/2016 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Wadih El Hage: Notice to Attorney Alan Mitchel Nelson to RE-FILE Document 2046 Status Report. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 11/10/2016) 11/10/2016 2047 LETTER by Wadih El Hage addressed to Judge Lewis A. Kaplan from Alan M. Nelson, Esq. dated 11/9/2016 re: Letter Regarding Acquisition of Sealed Documents for Court Inspection from the Government (Nelson, Alan) (Entered: 11/10/2016) 11/12/2016 2048 SECOND LETTER MOTION addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated November 12, 2016 re: adjournment of deadline within which to file opposition

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 388/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 papers . Document filed by United States of America as to Wadih El Hage. (Buckley, Sean) (Entered: 11/12/2016) 11/13/2016 2049 ORDER granting 2048 LETTER MOTION extension as to Wadih El Hage (1). (Signed by Judge Lewis A. Kaplan on 11/13/2016) (Kaplan, Lewis) (Entered: 11/13/2016) 11/18/2016 Docket Annotation as to Wadih El Hage: Original Attorney-Client Privilege Waiver (Informed Consent) filed in Open Records - docket item 2044. (Mohan, Andrew) (Entered: 11/18/2016) 11/21/2016 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Mamdouh Mahmud Salim held on 11/21/2016. Defendant not present, but attorney Allan Paul Haber present. AUSA Nicholas Lewin present. Defense counsel's request that a new CJA attorney be appointed is granted. A new CJA attorney will be substituted. (Court Reporter Linda Fisher)(Mohan, Andrew) (Entered: 11/22/2016) 11/28/2016 2050 Certificate of Service of 2045 Memorandum in Opposition to Motion, by United States of America as to Ahmed Khalfan Ghailani. Document was served on Ahmed Khalfan Ghailani on 10/28/2016. Service was made by Mail. (Lewin, Nicholas) (Entered: 11/28/2016) 12/02/2016 2051 ORDER as to (98-Cr-1023-09) Ahmed Khalfan Ghailani. This matter is before the Court on movant's June 3, 2016 motion, pursuant to 28 U.S.C. § 2255, to vacate, set aside, or correct his sentence. The government has responded to the motion. Movant has not replied to the government's response although the time within which to have done so has expired....[See this Order]... Conclusion: The motion for relief pursuant to 28 U.S.C. § 2255 [98-cr-1023 DI 2018, 16-cv-4444 DI 1] is denied in all respects. A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. §l915(a)(3). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/2/2016) [*** NOTE: Also docketed in related Civil Case 16-cv-4444(LAK), Doc.#15. ***] (bw) (Entered: 12/02/2016) 12/06/2016 Docket Annotation as to Ahmed Khalfan Ghailani: A copy of Docket Item 2051 was mailed by first class mail today to AHMED KHALFAN GHAILANI, Reg No. 02476-748, USP Florence ADMAX, U.S. PENITENTIARY, PO BOX 8500, FLORENCE, CO 81226(Mohan, Andrew) (Entered: 12/06/2016) 12/12/2016 2052 ORDER as to Mamdouh Mahmud Salim. Order Appointing Attorney Louis V. Fasulo for Mamdouh Mahmud Salim., and terminating attorney Allan Paul Haber as Attorney of Record for Mamdouh Mahmud Salim. (Signed by Judge Lewis A. Kaplan on 12/12/2016) (Mohan, Andrew) (Main Document 2052 replaced on 12/12/2016) (Mohan, Andrew). (Entered: 12/12/2016) 12/12/2016 2053 THIRD LETTER MOTION addressed to Judge Lewis A. Kaplan from Sean S. Buckley dated December 12, 2016 re: 2049 Order on Letter Motion re: adjournment of date within which to file a response . Document filed by United States of America as to Wadih El Hage. (Buckley, Sean) (Entered: 12/12/2016) 12/13/2016 2054 ORDER granting 2053 LETTER MOTION Granting the Government's request for an additional 30 days until January 14, 2017, within which to file its response to the petition of Wadih El Hage (1). (Signed by Judge Lewis A. Kaplan on 12/12/2016) Copies Mailed By Chambers. (Mohan, Andrew) (Entered: 12/13/2016) 12/13/2016 2055 LETTER by Ahmed Khalfan Ghailani addressed to Judge Lewis A. Kaplan from Ahmed K. Ghailani dated 12/05/2016 re: To inform the Court that petitioner has difficulties receiving his mail from the Court. He has only received two pieces of mail from the Court since filing the motion. Please inform petitioner of the status of his case. (Mohan, Andrew) (Entered: 12/13/2016) 12/13/2016 2056 ORDER as to Ahmed Khalfan Ghailani re: 2055 Letter, filed by Ahmed Khalfan Ghailani. The Court is in receipt of a letter from movant in which he complains that he has had difficulties receiving [his] mail from the Court. (Italics added) Specifically, he states that the only pieces of mail from the Court since he filed his Section 2255 motion are an August 2, 2016 order [16-cr-4444, DI 7] and a copy of the docket sheet. Significantly, he does not https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 389/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 deny receipt from the government of its opposition to his Section 2255 motion, which was served on him by mail on October 28, 2016. [16-cv-4444, DI 16]. The Court notes, moreover, that its order of December 2, 2016 denying his 2255 motion, according to the docket sheet, was mailed to him on December 6, the day after the date of movants letter... In all the circumstances, the Court sees nothing that properly should be done even on the assumption that copies of the three orders referred to above did not reach movant. (Signed by Judge Lewis A. Kaplan on 12/13/2016) Copies Mailed By Chambers. (Mohan, Andrew) (Entered: 12/13/2016) 12/14/2016 Docket Annotation as to Ahmed Khalfan Ghailani: Copy of Docket Item 2056 mailed by first class mail to AHMED KHALFAN GHAILANI, Reg No. 02476-748, USP Florence ADMAX, U.S. PENITENTIARY, PO BOX 8500, FLORENCE, CO 81226 (Mohan, Andrew) (Entered: 12/14/2016) 12/19/2016 2057 LETTER by Mamdouh Mahmud Salim addressed to Judge Lewis A. Kaplan from Allan P. Haber dated 11/1/2016 re: Request for a new attorney to be appointed to represent the defendant. (Mohan, Andrew) (Entered: 12/19/2016) 01/10/2017 2058 NOTICE OF APPEAL by Ahmed Khalfan Ghailani from 2051 Order. (tp) (Entered: 01/11/2017) 01/11/2017 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ahmed Khalfan Ghailani to US Court of Appeals re: 2058 Notice of Appeal. (tp) (Entered: 01/11/2017) 01/11/2017 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ahmed Khalfan Ghailani re: 2058 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 01/11/2017) 01/11/2017 2059 MOTION for Reconsideration Pursuant to Rule 59(e) and Rule 60(b). Document filed by Ahmed Khalfan Ghailani. Motion also filed under 16 Civ. 4444(LAK). (Mohan, Andrew) (Entered: 01/11/2017) 01/12/2017 Updated Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ahmed Khalfan Ghailani re: 2058 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 01/12/2017) 01/16/2017 2060 MEMORANDUM in Opposition by United States of America as to Wadih El Hage re 2016 MOTION to Vacate under 28 U.S.C. 2255. (Attachments: # 1 Exhibit 1 (Schmidt Declaration), # 2 Exhibit 2 (Dratel Declaration), # 3 Exhibit 3 (Bar Admission), # 4 Exhibit 4 (factual background), # 5 Exhibit 5 (Schmidt summation))(Buckley, Sean) (Entered: 01/16/2017) 01/18/2017 2061 LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson, Esq. dated 1/18/2017 re: Application to File Supplemental Memorandum of Law in Support of Claim Two of the Petition by March 20, 2017 . Document filed by Wadih El Hage. (Nelson, Alan) (Entered: 01/18/2017) 01/19/2017 2062 MEMO ENDORSEMENT as to Wadih El Hage re: 2061 LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson, Esq. dated 1/18/2017 re: Application to File Supplemental Memorandum of Law in Support of Claim Two of the Petition by March 20, 2017 , filed by Wadih El Hage. Granted. (Signed by Judge Lewis A. Kaplan on 1/19/2017) (Mohan, Andrew) (Entered: 01/19/2017) 02/06/2017 2063 REPLY MEMORANDUM OF LAW in Opposition by United States of America as to Ahmed Khalfan Ghailani re: 2059 MOTION for Reconsideration. . (Lewin, Nicholas) (Entered: 02/06/2017) 02/21/2017 2064 MEMO ENDORSEMENT on MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL as to Ahmed Khalfan Ghailani. ENDORSEMENT: The motion to proceed in forma pauperis is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/21/2017)(ft) (Entered: 02/22/2017) 02/21/2017 2065 DECLARATION OF INMATE FILING by Ahmed Khalfan Ghailani. (ft) (Entered: 02/22/2017) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 390/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2

02/22/2017 2066 CORRECTED MEMO ENDORSEMENT on MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL as to Ahmed Khalfan Ghailani. ENDORSEMENT: The motion to proceed in forma pauperis is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/22/2017) Copies Mailed By Chambers. (Mohan, Andrew) (Main Document 2066 replaced on 2/22/2017) (Mohan, Andrew). (Entered: 02/22/2017) 03/07/2017 2067 LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson, Esq. dated 3/7/2017 re: Request for Extension of time to file Supplemental Memorandum of Law . Document filed by Wadih El Hage. (Nelson, Alan) (Entered: 03/07/2017) 03/07/2017 2068 ORDER granting 2067 LETTER MOTION extension as to Wadih El Hage (1). (Signed by Judge Lewis A. Kaplan on 3/7/2017) (Kaplan, Lewis) (Entered: 03/07/2017) 03/07/2017 2069 ORDER terminating 2059 Motion for Reconsideration as to Ahmed Khalfan Ghailani (9). (Signed by Judge Lewis A. Kaplan on 3/7/2017) (Kaplan, Lewis) (Entered: 03/07/2017) 03/28/2017 2070 MEMO ENDORSEMENT as to (98-Cr-1023-09) Ahmed Khalfan Ghailani on "Motion To Amend Notice Of Appeal (Fed. R. App. P. 4(B)(ii))" filed by Defendant Ahmed Khalfan Ghailani dated March 15, 2017. ENDORSEMENT: Movant moves to amend his notice of appeal, said by him to have been filed on December 28, 2016, from this Court's December 2, 2016 order denying his Section 2255 motion "to include the denial of his Motion for Reconsideration." I am aware of no authority that authorizes a district court to amend a notice of appeal. In my understanding, an appellant may file an amended notice of appeal within the time limits established by Fed. R. App. P. 4. E.g., Peter F. Gaito Architecture, LLC v. Simone Dev. Corp., 602 F.3d 57, 62 (2d Cir. 2009). As the order denying movant's motion for reconsideration was filed on March 7, 2017, there appears to be no occasion to treat his pro se motion as a motion to extend the time within which to file a notice or amended notice of appeal. In the circumstances, the motion is denied for want of authority without prejudice to whatever rights movant, assuming that the Court of Appeals treats his motion as simply an amended notice of appeal. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/28/2017) [*** NOTE: Also docketed in related Civil Case 16-Cv-4444(LAK), Doc.#26. ***] (bw) (Entered: 03/28/2017) 03/29/2017 2071 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson dated March 29, 2017, re: requesting an extension of time for the filing of Mr. El-Hage's supplemental memorandum of law . Document filed by Wadih El Hage. (Spilke, Ezra) (Entered: 03/29/2017) 03/31/2017 2072 ORDER granting 2071 LETTER MOTION Extension as to Wadih El Hage (1). (Signed by Judge Lewis A. Kaplan on 3/31/2017) (Kaplan, Lewis) (Entered: 03/31/2017) 04/13/2017 2073 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Alan M. Nelson & Ezra Spilke dated April 13, 2017, re: requesting an extension of time for the filing of Mr. El-Hage's supplemental memorandum of law . Document filed by Wadih El Hage. (Spilke, Ezra) (Entered: 04/13/2017) 04/14/2017 2074 ORDER granting 2073 LETTER MOTION as to Wadih El Hage (1). (Signed by Judge Lewis A. Kaplan on 4/14/2017) (Kaplan, Lewis) (Entered: 04/14/2017) 04/20/2017 2075 MEMORANDUM in Support by Wadih El Hage re 2016 MOTION to Vacate under 28 U.S.C. 2255. Supplemental Memorandum of Law (Spilke, Ezra) (Entered: 04/20/2017) 05/04/2017 2076 LETTER by Mamdouh Mahmud Salim addressed to Judge Lewis A. Kaplan from B. Kleinman dated 04 May 2017 re: CJA Appointment (Kleinman, Bernard) (Entered: 05/04/2017) 06/02/2017 2077 MEMO ENDORSEMENT as to (98-Cr-1023-12) Mamdouh Mahmud Salim on re: 2076 LETTER by Mamdouh Mahmud Salim addressed to Judge Lewis A. Kaplan from B. Kleinman dated 04 May 2017 re: CJA Appointment. ENDORSEMENT: I see no reason either to substitute Mr. Kleinman for the Panel attorney appointed 6 months ago today to succeed Mr. Haber nor to use CJA funds to add a second attorney for this defendant at public expense. Application denied. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 5/16/2017)(bw) (Entered: 06/02/2017) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 391/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 08/24/2017 2078 MANDATE of USCA (Certified Copy) as to Khaled Al Fawwaz re: 1996 Notice of Appeal - Final Judgment. USCA Case Number 15-1731-cr. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/24/2017. (tp) (Entered: 08/24/2017) 08/24/2017 Transmission of USCA Mandate/Order to the District Judge re: 2078 USCA Mandate - Final Judgment Appeal. (tp) (Entered: 08/24/2017) 10/19/2017 2079 MANDATE of USCA (Certified Copy) as to Sulaiman Abu Ghayth re: 1737 Notice of Appeal. USCA Case Number 14-3674. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/19/2015. (nd) (Entered: 10/19/2017) 11/01/2017 2080 MANDATE of USCA (Certified Copy) as to Ahmed Khalfan Ghailani re: 2058 Notice of Appeal. USCA Case Number 17-111. Appellant, pro se, moves for a certificate of appealability. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED because Appellant has not shown that "jurists of reason would find it debatable whether the district court was correct in its procedural ruling" as to the untimeliness of Appellant's motion filed pursuant to 28 U.S.C. § 2255. Slack v. McDaniel, 529 U.S. 473, 478 (2000).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/01/2017. [This document also entered in case: 16- cv-4444].(nd) (Entered: 11/01/2017) 10/02/2018 2081 ORDER as to Sulaiman Abu Ghayth. In a letter dated 9/26/2018 addressed to the Court, Ms. Zoe Dolan applied to serve as counsel to the defendant by appointment under CJA. The application is denied without prejudice to renewal for at least the following reasons (see order). (Signed by Judge Lewis A. Kaplan on 10/2/2018)(Mohan, Andrew) (Entered: 10/02/2018) 10/02/2018 2082 LETTER by Sulaiman Abu Ghayth addressed to Judge Lewis A. Kaplan from Zoe Dolan dated 9/26/2018 re: Requesting that Zoe Dolan's CJA appointment in the Circuit be continued in the Southern District, nunc pro tunc to 9/18/2018. (Mohan, Andrew) (Entered: 10/02/2018) 10/10/2018 Docket Annotation as to Sulaiman Abu Ghayth: Copies of DI nos. 2081 and 2082 mailed to Sulaiman Abu Ghayth (91969-054), USP Florence ADMAX, U.S. PENITENTIARYPO BOX 8500, FLORENCE, CO81226. (Mohan, Andrew) (Entered: 10/10/2018) 11/01/2018 2083 DEFENDANT'S PRO SE MOTION. Document filed by Mamdouh Mahmud Salim. (ft) (Entered: 11/02/2018) 11/26/2018 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Defendant Mamdouh Mahmud Salim (12) not present, but attorney Louis V. Fasulo present. AUSA Michael Ferrara present. Status Conference as to Mamdouh Mahmud Salim held on 11/26/2018. The Government shall submit a letter regarding the status of the speedy trial clock and identify the most relevant indictment within two weeks. (Court Reporter Rose Prater) (Mohan, Andrew) (Entered: 11/28/2018) 12/06/2018 2084 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated 6 Dec. 2018 re: Extension of Time . Document filed by United States of America as to Mamdouh Mahmud Salim. (Ferrara, Michael) (Entered: 12/06/2018) 12/07/2018 2085 ORDER granting 2084 LETTER MOTION Extension as to Mamdouh Mahmud Salim (12). (Signed by Judge Lewis A. Kaplan on 12/6/2018) (Kaplan, Lewis) (Entered: 12/07/2018) 12/07/2018 2086 MEMO ENDORSEMENT as to Mamdouh Mahmud Salim. 12/6/2018 Letter from AUSA Michael Ferrara to Hon. Lewis A. Kaplan. On 11/26/18, the Court asked the Government whether it intended to proceed against defendant Mamdouh Mahmud Salim on the S10 indictment and to submit a letter by 12/10/2018. The Government, with the consent of defense counsel, requested an extension until 1/14/2019 that was Granted. (Signed by Judge J. Paul Oetken, Part I, on 12/7/2018)(Mohan, Andrew) Modified on 12/7/2018 (Mohan, Andrew). (Entered: 12/07/2018) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 392/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 12/07/2018 2087 TRANSCRIPT of Proceedings as to Mamdouh Mahmud Salim re: Conference held on 11/21/16 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019. (McGuirk, Kelly) (Entered: 12/07/2018) 12/07/2018 2088 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Mamdouh Mahmud Salim. Notice is hereby given that an official transcript of a Conference proceeding held on 11/21/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) Modified on 1/7/2019 (Mohan, Andrew). (Entered: 12/07/2018) 01/07/2019 2089 MEMO ENDORSEMENT as to Mamdouh Mahmud Salim's 12/11/2018 pro se motion for a restraining order to prevent Louis Fasulo for any futher contact with the defendant. The Court is aware that defendant Salim has requested replacement of Mr. Fasulo as his assigned counsel. That request [DI 283] is under consideration, as the Court is awaiting further information from the government as to whether and how it intends to proceed with this case. In the meantime, the defendant should understand that Mr. Fasulo is his assigned lawyer unless and until the Court determines otherwise. It is entirely up to the defendant as to whether he wishes to communicate with Mr. Fasulo. But it quite likely would be in his interest to do so. Among other things, Mr. Fasulo may (or may not) have information to convey to the defendant that the defendant would be well advised to learn. Moreover, as long as Mr. Fasulo is defendants counsel of record, the government the Court will communicate with the defendant only through Mr. Fasulo. In any case, there is no basis for the issuance of a restraining order barring Mr. Fasulo from trying to communicate with the defendant, who is his client, or to recuse himself, unless and until otherwise ordered. (Signed by Judge Lewis A. Kaplan on 1/7/2019) Copies Mailed By Chambers. (Mohan, Andrew) (Entered: 01/07/2019) 01/11/2019 2090 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from USA dated 1.11.19 re: Extension of Time . Document filed by United States of America as to Mamdouh Mahmud Salim. (Houle, Amanda) (Entered: 01/11/2019) 01/12/2019 2091 ORDER granting 2090 LETTER MOTION extension as to Mamdouh Mahmud Salim (12). (Signed by Judge Lewis A. Kaplan on 1/12/2019) (Kaplan, Lewis) (Entered: 01/12/2019) 02/27/2019 2092 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from USA dated 02.27.2019 re: Extension of Time . Document filed by United States of America as to Mamdouh Mahmud Salim. (Houle, Amanda) (Entered: 02/27/2019) 02/28/2019 2093 MEMO ENDORSEMENT as to Mamdouh Mahmud Salim (12) granting 2092 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from USA dated 02.27.2019 re: Extension of Time. ENDORSEMENT: Granted. Adjourned to 3/25/19. (Signed by Judge Lewis A. Kaplan on 2/28/2019) (ap) Modified on 3/1/2019 (ap). (Entered: 02/28/2019) 03/20/2019 2094 ORDER as to Wadih El Hage. The petitioner, by letter dated March 3, 2019, objects to the conditions of his confinement, which include being housed in solitaiy confinement and subject to special administrative measures. The Court construes the letter as a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The petitioner is incarcerated at ADX Florence in Fremont County, Colorado. Accordingly, the Comt hereby transfers the application to the United States District Court for the District of Colorado. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/20/19) (jbo) (Entered: 03/20/2019) 03/21/2019 2095 LETTER by Wadih El Hage addressed to Judge Lewis A. Kaplan from Wadih El-Hage dated 3/3/2019 re: Petitioner's solitary confinement and his request for relief under the recent S.Ct. Dimaya case, 138 S. Ct. 1204 (2018). (Mohan, Andrew) (Entered: 03/21/2019) 03/21/2019 2096 ORDER as to Wadih El Hage: The Court issues this order to clarify its order dated March 20, 2019 [DI 30]. In that order, the Court transferred to the United States District Court for https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 393/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 the District of Colorado only the petition for a writ of habeas corpus made in petitioner's letter dated March 3, 2019. The petitioner's original motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255 [DI 2] shall not transfer. (Signed by Judge Lewis A. Kaplan on 3/21/2019) (Docketed in 16cv3119) (Copies Mailed by Chambers) (ap) (Entered: 03/21/2019) 03/22/2019 2097 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from USA dated 03.22.2019 re: Extension of Time . Document filed by United States of America as to Mamdouh Mahmud Salim. (Houle, Amanda) (Entered: 03/22/2019) 03/25/2019 2098 MEMO ENDORSEMENT as to Mamdouh Mahmud Salim on the 3/22/2019 letter of the Government to Judge Kaplan (DI 2097). The extension is granted, but the parties should not assume that further extensions will be available. The government and defense counsel should report to the Court, no later than April 15, 2019 whether the defendant and his counsel have resolved communications issues. (Signed by Judge Lewis A. Kaplan on 3/25/2019)(Mohan, Andrew) (Entered: 03/25/2019) 03/26/2019 2099 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Khaled Al Fawwaz. (rdz) Civil case 1:19-cv-02708 opened. (Entered: 03/26/2019) 03/29/2019 2100 ORDER as to Khaled Al Fawwaz: Defendant moves to vacate, set aside, or correct sentence under 28 U.S.C. 2255. The government shall respond to the motion within thirty days of the date of this order. (Response due by 4/29/2019.) (Signed by Judge Lewis A. Kaplan on 03/28/2019) Copies Mailed By Chambers. (Mohan, Andrew) (Entered: 03/29/2019) 04/03/2019 2101 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Sulaiman Abu Ghayth. (sac) Civil case 1:19-cv-02994 opened. (sac). (Entered: 04/04/2019) 04/08/2019 2102 ORDER as to Sulaiman Abu Ghayth re: 2101 MOTION to Vacate under 28 U.S.C. 2255 filed by Sulaiman Abu Ghayth. The government shall respond to the movant's Section 2255 motion no later than June 7, 2019. (Responses due by 6/7/2019) (Signed by Judge Lewis A. Kaplan on 4/8/2019) (ap) (Entered: 04/08/2019) 04/08/2019 2103 ORDER as to Sulaiman Abu Ghayth. The application by attorney Zoe Dolan to "continue her CJA appointment in the Circuit" [DI 2082] is denied. (Signed by Judge Lewis A. Kaplan on 4/8/2019) Copies Mailed By Chambers. (Mohan, Andrew) (Entered: 04/08/2019) 04/09/2019 2104 MEMO ENDORSEMENT as to Khaled Al Fawwaz on re: APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. ENDORSEMENT: Approved. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/1/2019) (Copies Mailed by Chambers) (ap) Modified on 4/9/2019 (ap). (Entered: 04/09/2019) 04/09/2019 2105 MEMO ENDORSEMENT as to Khaled Al Fawwaz on re: APPLICATION FOR THE COURT TO REQUEST COUNSEL PURSUANT TO 18 U.S.C. § 3006A(g). ENDORSEMENT: motion denied without prejudice to renew following receipt of government's response to the motion. insufficient merit. (Signed by Judge Lewis A. Kaplan on 4/1/2019) (Copies Mailed by Chambers) (ap) (Entered: 04/09/2019) 04/15/2019 2106 LETTER by Mamdouh Mahmud Salim addressed to Judge Lewis A. Kaplan from Louis V. Fasulo dated 4/15/2019 re: Update to the Court (Fasulo, Louis) (Entered: 04/15/2019) 04/26/2019 2107 NOTICE OF ATTORNEY APPEARANCE Peter John Davis appearing for USA. (Davis, Peter) (Entered: 04/26/2019) 04/26/2019 2108 LETTER MOTION addressed to Judge Lewis A. Kaplan from Peter J. Davis dated April 26, 2019 re: Extension of Time . Document filed by United States of America as to Khaled Al Fawwaz. (Davis, Peter) (Entered: 04/26/2019) 04/27/2019 2109 ORDER granting 2108 LETTER MOTION 30-day extension as to Khaled Al Fawwaz (15). (Signed by Judge Lewis A. Kaplan on 4/27/2019) (Kaplan, Lewis) (Entered: 04/27/2019) 04/29/2019 2110 ENDORSED LETTER as to Wadih El Hage addressed to Judge Lewis A. Kaplan from Wadih El-Hage dated 4/3/2019 re: Defendant writes to request that this Court appoint CJA https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 394/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 counsel. ENDORSEMENT: The movant recently filed what the Court construed as a motion with respect to the conditions of his confinement at ADX Florence, which is located in Colorado. The Court construed the motion as one pursuant to 28 U.S.C. § 2241 and transferred it (but not el Rage's pending 2255 motion) to the District of Colorado. 16-cv- 3119, DI 30, 32. The attached letter asks that this Court broaden the CJA appointment of Alan Nelson, Esq., to include the motion that the Court just transferred to Colorado. Accordingly, the current request is denied without prejudice. The question of whether to appoint counsel in the matter sent to Colorado and, if so, who must be taken up with that Court. The Clerk shall mail a copy of this Order to the movant. (Signed by Judge Lewis A. Kaplan on 4/29/2019)(ap) (Entered: 04/29/2019) 04/30/2019 2111 MEMORANDUM OPINION as to Wadih El Hage. Having reviewed the allegations of the motion and accepted the well-pleaded allegations of fact as true for purposes of this analysis, the Court concludes that the defendant is not entitled to relief and there are no issues of fact that require an evidentiary hearing. The motion is denied. A certificate of appealability is denied. The Court concludes that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915. (Signed by Judge Lewis A. Kaplan on 4/30/2019) (See ORDER set forth) (ap) (Entered: 04/30/2019) 05/08/2019 2112 NOLLE PROSEQUI entered as to Mamdouh Mahmud Salim. (Ferrara, Michael) (Entered: 05/08/2019) 05/08/2019 2113 LETTER by Mamdouh Mahmud Salim addressed to Judge Lewis A. Kaplan from Mamdouh Mahmud Salim dated 4/23/2019 re: Plase consider any action from Fasulo on my behalf since June 20, 2018 upto forever to be invalid and nullified and void until you assign me a lawyer. (Mohan, Andrew) (Entered: 05/08/2019) 05/08/2019 2114 NOLLE PROSEQUI ENTERED as to Mamdouh Mahmud Salim (12). (Signed by Judge Lewis A. Kaplan on 5/8/2019) (lnl) (Entered: 05/08/2019) 05/08/2019 2115 MOTION To terminate Liability For Restitution Document filed by Mohamed Sadeek Odeh. (jw) (Entered: 05/09/2019) 05/16/2019 2116 MEMO ENDORSEMENT 2115 Motion as to Mohamed Sadeek Odeh...ENDORSEMENT...The government shall SHOW CAUSE, on or before June 16, 2019, why an order should not be entered, pursuant to 18 U.S.C. § 3613(b), terminating defendant's liability to make restitution payments. The Clerk shall mail a copy of this order to the defendant and a copy of this order and the defendant's "petition" to the United States Attorney's Office. (Signed by Judge Lewis A. Kaplan on 5/16/19) (jw) (Entered: 05/16/2019) 05/28/2019 2117 MEMORANDUM in Opposition by United States of America as to Khaled Al Fawwaz re 2099 MOTION to Vacate under 28 U.S.C. 2255. (Davis, Peter) (Entered: 05/28/2019) 05/30/2019 2118 ORDER as to Khaled Al Fawwaz: Any reply papers in support of defendant's motion under 28 U.S.C. § 2255 shall be filed no later than June 30, 2019. The clerk shall mail a copy of this order to the defendant. (Replies due by 6/30/2019) (Signed by Judge Lewis A. Kaplan on 5/30/2019) (Docketed in 19cv2708) (ap) (Entered: 05/30/2019) 05/31/2019 2119 LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated May 31, 2019 re: Extension of Time . Document filed by United States of America as to Sulaiman Abu Ghayth. (Ferrara, Michael) (Entered: 05/31/2019) 06/04/2019 2120 MEMO ENDORSEMENT as to Sulaiman Abu Ghayth (26) granting 2119 LETTER MOTION addressed to Judge Lewis A. Kaplan from Michael Ferrara dated May 31, 2019 re: Extension of Time. ENDORSEMENT: Application granted. (Signed by Judge Alison J. Nathan, Part I on 6/4/2019) (ap) (Main Document 2120 replaced on 6/4/2019 and copies mailed to Abu Ghayth by chambers.) (Mohan, Andrew). (Entered: 06/04/2019) 06/17/2019 2121 NOTICE OF ATTORNEY APPEARANCE Jacob Gutwillig appearing for USA. (Gutwillig, Jacob) (Entered: 06/17/2019) 06/17/2019 2122 LETTER by United States of America as to Mohamed Sadeek Odeh addressed to Judge Lewis A. Kaplan from USA dated June 17, 2019 Document filed by United States of https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 395/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 America. (Gutwillig, Jacob) (Entered: 06/17/2019) 07/01/2019 2123 REPLY TO RESPONSE to Motion by Khaled Al Fawwaz re 2099 MOTION to Vacate under 28 U.S.C. 2255. Request for more time to file Reply and to reconsider appointment of counsel. (Kirby, David) (Entered: 07/01/2019) 07/15/2019 2124 MEMO ENDORSEMENT as to Khaled Al Fawwaz. Time extended to and including August 31, 2019. Request for reconsideration of appointment of counsel denied in view of extremely limited prospects. (Signed by Judge Lewis A. Kaplan on 7/11/2019) Copies Mailed By Chambers. (Mohan, Andrew) (Entered: 07/15/2019) 08/09/2019 2125 MEMORANDUM in Opposition by United States of America as to Sulaiman Abu Ghayth re 2101 MOTION to Vacate under 28 U.S.C. 2255. (Attachments: # 1 Exhibit A (Decl. of Michael Ferrara))(Ferrara, Michael) (Entered: 08/09/2019) 09/03/2019 2126 REPLY IN SUPPORT OF PETITION TO VACATE CONVICTION AND SENTENCE UNDER TITLE 28 U.S.C. SECTION 2255 AND RENEWED REQUEST FOR APPOINTMENT OF COUNSEL PURSUANT TO THE CRIMINAL JUSTICE ACT. Document filed by (S7-98-Cr-1023-15) Khaled Al Fawwaz. [*** NOTE: Also docketed in related civil case 19-Cv-2708(LAK), Doc.#12. ***] (bw) (Entered: 09/04/2019) 09/17/2019 2127 ORDER as to Sulaiman Abu Ghayth ( Replies due by 10/8/2019.) Any reply by the movant to the government's opposition to his Section 2255 motion shall be filed no later than October 8, 2019. The Clerk shall mail a copy of this order, marked Legal Mail, to the movant. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/17/2019)(jw) (Entered: 09/17/2019) 10/02/2019 2129 MEMORANDUM AND ORDER as to (98-Cr-1023-15) Khaled Al Fawwaz. Movant was convicted of (1) conspiracy to murder United States nationals, in violation of 18 U,S.C. § 2332(b); (2) conspiracy to murder officers or employees of the United States, in violation of 18 U.S.C. § 1114; (3) conspiracy to damage or destroy United States property, in violation of 18 U.S.C. § 844(11); and (4) destruction of national defense material, in violation of 18 U.S.C, § 2155(a), and sentenced to life imprisonment. His conviction was affirmed on appeal and certiorari was denied.(See Footnote 1 on this Memorandum And Order). He now moves, pursuant to 28 U.S.C. § 2255, for relief from the judgment and sentence....[See this Memorandum And Order]... As the foregoing demonstrates, each of the grounds advanced by the movant is demonstrably without merit. Accordingly, I cannot in good conscience say that any of the claims "appear to have [even] some chance of success." So while the movant's position with respect to appointment of counsel is supported by factors such as language issues, incarceration, lack of legal training and other circumstances, these all are outweighed by the predominant apparent lack of merit to his claims. In all the circumstances, the Section 2255 motion(See Footnote 28 on this Memorandum And Order) and the request for appointment of counsel are denied. A certificate of appealability is denied. The Court certifies that any appeal from would not be taken in good faith within the meaning of 28 U.S.C. §1915(a)(3). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/2/2019); Also docketed in related civil case 19-Cv-2708(LAK), Doc.#13. (bw) (Entered: 10/21/2019) 10/15/2019 2128 ORDER as to Sulaiman Abu Ghayth: Movant's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is denied substantially for the reasons set forth in the government's opposition (filed only on the criminal docket) to which no reply has been filed within the time provided by the Court's scheduling order or a reasonable time thereafter (to take account of the "mailbox rule"). A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915(a)(3). (Signed by Judge Lewis A. Kaplan on 10/15/2019) (Docketed in Case No. S14 98-cr-1023(LAK)) (lnl) (Entered: 10/15/2019) 10/18/2019 Docket Annotation as to Sulaiman Abu Ghayth: A copy of DI# 2128 was mailed to Sulaiman Abu Ghayth, ID No. 91969-054, U.S. Penitentiary MAX, P.O. Box 8500,Florence, CO 81226-8500 by First Class Mail. (Mohan, Andrew) (Entered: 10/18/2019) 11/06/2019 2130 NOTICE OF APPEAL by Khaled Al Fawwaz from 2129 Memorandum & Order. [This https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 396/397 11/12/2019 SDNY CM/ECF NextGen Version 1.2 document also entered in related civil case: 19-cv-2708]. (nd) (Entered: 11/07/2019) 11/07/2019 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Khaled Al Fawwaz to US Court of Appeals re: 2130 Notice of Appeal. (nd) (Entered: 11/07/2019)

PACER Service Center Transaction Receipt 11/12/2019 10:51:53 PACER michael.loadenthal Client Code: Login: Search 1:98-cr-01023- Description: Docket Report Criteria: LAK Billable Pages: 30 Cost: 3.00

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?501691698156086-L_1_0-1 397/397