ECF

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00395-JGK-1


Case title: USA v. Sattar et al

Date Filed: 04/09/2002

Date Terminated: 10/25/2006

Assigned to: Judge John G. Koeltl
Appeals court case number: 03-1507(L),03-1508i(CON),

Defendant (1)
Ahmed Abdel Sattar
TERMINATED: 10/25/2006
also known as
Abu Omar
TERMINATED: 10/25/2006
also known as
Dr. Ahmed
TERMINATED: 10/25/2006
represented byBarry M. Fallick
Rochman Platzer Fallick & Rosmarin
666 Third Avenue
New York, NY 10017
(212)697-4090
LEAD ATTORNEY
Designation: CJA Appointment

Kathy Manley
Law Office of Kathy Manley
26 Dinmore Road
Selkirk, NY 12158
518-635-4005
Fax: 518-635-4005
Email: mkathy1296@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kenneth Alan Paul
Kenneth A. Paul
140 Broadway, Suite 4610
New York, NY 10005
(212) 587-8000
Fax: (212) 500-7975
Email: kpaul@kennethpaulesq.com
LEAD ATTORNEY
Designation: CJA Appointment

Kenneth Alan Paul
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Steven P. Ragland
The Tigar Law Firm
626C Admiral Drive, #321
Annapolis, MD 21401
(888) 868-4427
LEAD ATTORNEY
Designation: Retained

Robin L. Baker
(See above for address)

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
60 months imprisonment to run concurrently. 3 years supervised release with supervision, to run concurrently.
CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT
(2s)
288 months imprisonment to run concurrently. 5 years supervised release with supervision, to run concurrently.
SOLICIT/COMMIT CRIME OF VIOLENCE
(3s)
240 months imprisonment to run concurrently. 5 years supervised release with supervision, to run concurrently.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:2383.F REBELLION OR INSURRECTION (TITLE 18 USC, SECTION 2339B: PROVIDING MATERIAL SUPPORT TO A TERRORIST ORGANIZATION)
(1)
Dismissed
18:2383.F REBELLION OR INSURRECTION (TITLE 18, USAC, SECTION 2338B: PROVIDING MATERIAL SUPPORT TO A TERRORIST ORGANIZATION)
(2)
Dismissed
18:373-0311.F SOLICIT/COMMIT CRIME OF VIOLENCE
(3)
Dismissed
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(4)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byAndrew Seth Dember
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212)637-2200
Fax: (212)637-2615
Email: Andrew.Dember@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher Jude Morvillo
Morvillo, Abramowitz, Grand, Iason, & Anello P.C.
565 5th Avenue
New York, NY 10017
(212)-856-9495
Fax: (212)-856-9494
Email: Invalid@500Pearl.com
LEAD ATTORNEY

Joseph F. Bianco
Assistant United States Attorney
Mary Jo White, United States Attorney
Criminal Division
One St. Andrew's Plaza
New York, NY 10007
(212) 637-1038
LEAD ATTORNEY

Michael Douglas Maimin
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212)637-2238
Fax: (212)637-2527
Email: Michael.Maimin@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robin L. Baker
JPMorgan Chase Bank, N.A.
480 Washington Blvd
Floor 23
Jersey City, NJ 07310-2053
212-464-2614
Email: robin.l.baker@jpmchase.com
LEAD ATTORNEY

Ian Patrick McGinley
United States Attorney Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212) 637-2257
Email: IMcGinley@akingump.com
ATTORNEY TO BE NOTICED

Karl N Metzner
U.S. Attorney's Office, SDNY (86 Chambers St.)
86 Chambers Street
New York, NY 10007
212-637-2200
Fax: 718-422-1701
Email: karl.metzner@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/08/2002SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, Sealed Defendant 2 (2) count(s) 1, 2, 3, Sealed Defendant 3 (3) count(s) 1, 2, 4, 5, Sealed Defendant 4 (4) count(s) 1, 2, 4 (jm) (Entered: 04/10/2002)
04/08/2002 Arrest WARRANT issued as to Sealed Defendant 1 (jm) (Entered: 04/10/2002)
04/09/2002ORDER as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Unsealing Indictment ( Signed by Magistrate Judge Ronald L. Ellis ); Copies mailed. (jm) (Entered: 04/10/2002)
04/09/2002 Indictment unsealed as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4 (jm) (Entered: 04/10/2002)
04/09/2002 CASE Assigned to Judge John G. Koeltl (jm) (Entered: 04/10/2002)
04/09/2002NOTICE of Appearance for Ahmed Abdel Sattar by Attorney Kenneth Paul (jb) (Entered: 04/11/2002)
04/09/200214 CJA 23 Financial Affidavit as to Ahmed Abdel Sattar : ( Signed by Judge John G. Koeltl ) (jb) (Entered: 04/12/2002)
04/09/2002 Arraignment as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held Ahmed Abdel Sattar (1) count(s) 1, 2, 3, 4, Lynne Stewart (3) count(s) 1, 2, 4, 5, Mohammed Yousry (4) count(s) 1, 2, 4 before Judge John G. Koeltl. Defendant Sattar present with attorney Kenneth Paul. Defendant Stewart present with attorney Susan Tipograph. Defendant Yousry present with attorney David Stern. AUSAs Joe Bianco and Christopher Morvillo. Reporter Kathy Klepfer. Defendant Al-Sirri not present. All defendants plead NOT GUILTY to indictment. Pretrial conference held, adjourned to 6/12/02 at 4:30 p.m. Time is excluded from 4/9/02 to 6/12/02. Defendant Sattar continued detained (Bail hearing 4/12/02 at 11:00 a.m.) Bail set for defendants Stewart and Yousry as follows: Stewart: $500,000 PRB; 3 FRP's; Surrender passport; PSA; Travel to SDNY, EDNY. Yousry: $750,000 PRB; secured by $200,000 cash or property. Surrender passport; Strict PSA; 5 FRPs; Travel to SDNY, EDNY. (ph) Modified on 04/18/2002 (Entered: 04/18/2002)
04/09/2002 First Appearance as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl. (ph) (Entered: 04/18/2002)
04/09/2002 PLEA entered by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Court accepts plea. Not Guilty: Ahmed Abdel Sattar (1) count(s) 1, 2, 3, 4, Lynne Stewart (3) count(s) 1, 2, 4, 5, Mohammed Yousry (4) count(s) 1, 2, 4 (ph) (Entered: 04/18/2002)
04/09/2002 PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl . Time is excluded from 4/9/02 to 6/12/02. (ph) (Entered: 04/18/2002)
04/09/2002 PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry set at 4:30 6/12/02 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. (ph) (Entered: 04/18/2002)
04/09/2002 Bail hearing as to Ahmed Abdel Sattar set for 11:00 4/12/02 for Ahmed Abdel Sattar. (ph) (Entered: 04/18/2002)
04/09/2002 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Ahmed Abdel Sattar : Appointment of Attorney Kenneth Paul . ( Signed by Judge John G. Koeltl ) (tr) (Entered: 04/23/2002)
04/12/2002 Bail hearing as to Ahmed Abdel Sattar held before Judge John G. Koeltl. Defendant Sattar present with attorney Kenneth Paul. AUSAs Joe Bianco and Chris Morvillo. Reporter Vincent Bologna. Government's motion for retention granted. Defendant continued remanded. (ph) (Entered: 04/18/2002)
04/18/200215 ORDER as to Ahmed Abdel Sattar, It is hereby ordered that attorney Kenneth A. Paul is appointed to represent the defendant Amed Abdel Sattar in this action. This order shall be nunc pro tunc as of April 9, 2002. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 04/18/2002)
04/18/200218 SPEEDY TRIAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset pretrial conference for 4:30 6/12/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry and to Continue in the Interests of Justice time is excluded from 4/9/02 to 6/12/02. This order is entered pursuant to 18 U.S.C., Sec. 3161(h)(8)(A) . SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 04/18/2002)
04/29/200220 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 04/29/2002)
04/30/200221 PROTECTIVE ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, upon the application of the U.S. Attorney for the Southern District of New York, by and through Assistant U.S. Attorneys Joseph F. Bianco and Christopher J. Morvillo, and upon the consent of all defense counsel; (1) IT IS HEREBY ORDERED pursuant to Rule 16(d) of the Fed.R.Crim.Procedure that discovery material produced to the defense in this case shall not be further disseminated by the defendants or their counsel to any individuals, organizations or other entities, other than: (i) members of the defense team (co-counsel, paralegals, investigators, translators and secretarial statf); and (ii) experts retained to assist in the preparation of the defense; , and (2) 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 defendants to prepare their defense and that none of the discovery materials produced by the Government to the defense shall be disseminated to, or discussed with, the media; , and (3) 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; , and (4) IT IS FURTHER ORDERED that nothing in this Order prohibits the media from obtaining copies of any items that become public exhibits at any conference, hearing, trial or other proceeding , and (5) IT IS FURTHER ORDERED that nothing in this Order in any way releases counsel for the Government or counsel for the defense from the obligations of the "Free Press Fair Trial Directives" of Local Rule 23.1 of the Local Criminal Rules of the Southern District of New York; , and (6) IT IS FURTHER 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 , and (7) IT IS FURTHER ORDERED that nothing in this Order shall preclude counsel for the defense from entering into an agreement with the Government, or seeking an order from this Court, excluding certain specified discovery materials from the scope of this Order. ( Signed by Judge John G. Koeltl ); Copies mailed. (ph) (Entered: 05/01/2002)
05/08/200227 Filed Memo-Endorsement on letter dated 4/30/02, as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Joseph F. Bianco/Christopher J. Morvillo, AUSAs, to Judge Koeltl, re: a request that the Court enter an Order authorizing disclosure, for the limited purposes of questioning witnesses, making discovery, use in pre-trial preparation and proceedings, and use during the trial in the referenced case all search warrants and supporting affidavits (including amended affidavits and warrants) relating to the following locations: 249 Hooker Place, Staten Island, NY, and two locked briefcases retrieved therefrom; 2) the Garage at 249 Hooker Place, Staten Island, NY...; 3) the Law Offices of Lynne Stewart..., 351 Broadway, New York, NY; and 4) 30-51 84th Street, East Elmhurst, NY. The Government further requests that the Court order that the original search warrants and supporting affidavits remain under seal until further order of the Court. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 05/09/2002)
05/10/200228 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 05/13/2002)
06/04/200231 MOTION by Ahmed Abdel Sattar, the undersigned will move this Court at U.S. Crthse, 500 Pearl Street, NY, NY, for an Order, pursuant to Rule 12(b) of the Fed'l Rules of Criminal Proc. dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; and for such other and further relief as to this Court may deem just and proper. Return Date not specified. Affirmation by Kenneth A. Paul, Atty for defendant in support of Motion. (ja) Modified on 06/06/2002 (Entered: 06/06/2002)
06/04/200232 MEMORANDUM by Ahmed Abdel Sattar in support of [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; and [31-2] motion for such other and further relief as to this Court may deem just and proper. (ja) (Entered: 06/06/2002)
06/05/200233 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The parties are directed to appear on Friday, May 31, 2002 at 2:30pm for argument on Ms. Stewart's pending motion for appointment of a special master. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
06/06/200237 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar for dates of April 12, 2002, before Judge John G. Koeltl . (jb) (Entered: 06/10/2002)
06/06/200238 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of April 9, 2002, before Judge John G. Koeltl . (jb) (Entered: 06/10/2002)
06/06/200239 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of April 24, 2002, before Judge John G. Koeltl . (jb) (Entered: 06/10/2002)
06/12/2002 PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl. Defendant Sattar present with attorney Kenneth Paul. Defendant Stewart present with attorneys Susan Tipograph and Michael Figar. Defendant Yousry present with attorney David Stern. AUSAs Joseph Bianco and Christopher Morvillo and Reporter Amy Rivera present. Pretrial conference adjourned to 8/29/02 at 4:00 p.m. Time is excluded from 6/12/02 to 8/29/02. Defendant Sattar continued detained. All other defendants continued on bail. (ph) (Entered: 06/13/2002)
06/12/2002 PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry set at 4:00 8/29/02 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. (ph) (Entered: 06/13/2002)
06/13/200241 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 06/14/2002)
06/17/200242 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar for dates of 4/12/02 at 11:25am, before Judge John Koeltl . (gf) (Entered: 06/18/2002)
06/18/200243 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set scheduling order deadlines: Any defendants who intend to join the defendant Sattar's motion to dismiss dated 6/3/02 - Motion Filing to 6/14/02 for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion deadline 6/26/02 for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 6/21/02 for USA ; Pretrial Conference for 4:00 8/29/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; , and set scheduling order deadlines: Defendants are directed to file Motions relating to any allegedly improper disclosures to 6/19/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion, if any, deadline 7/1/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 6/26/02 for USA ; , and to Continue in Interests of Justice time is excluded from 6/12/02 to 8/29/02 . ( Signed by Judge John G. Koeltl ) (ph) (Entered: 06/19/2002)
06/20/200247 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, as some counsel are aware, there is a reception in the Courthouse on Thursday, 6/20/02. To assure that all proper procedures are followed and appearances are preserved, the Court suggests that is would be better practice for all parties and counsel directly involved in the case before the Court not attend the reception, at the very least in this Court's chambers. ( Signed by Judge John G. Koeltl on 6/18/02). (ph) (Entered: 06/21/2002)
06/20/200248 ORDER as to Ahmed Abdel Sattar, set scheduling order deadlines: Reply to response to motion deadline 6/19/02 for Ahmed Abdel Sattar; Response to motion deadline 6/14/02 for USA. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 06/25/2002)
06/21/200250 GOVERNMENT'S MEMORANDUM by USA as to Ahmed Abdel Sattar in opposition to [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; , [31-2] motion for such other and further relief as to this Court may deem just and proper. (ja) (Entered: 06/27/2002)
06/24/200249 Filed Memo-Endorsement on letter: as to Ahmed Abdel Sattar, from Kenneth A. Paul, Atty for the defendant, Dated 6/20/02, addressed to: Judge Koeltl, Re: This case has been classified as a "complex case" in that discovery material being provided to counsel will consist of many thousands of documents which include intercepts from my client's telephone, his internet phone line and AOL account, as well as intercepts of a co-defendant and materials seized pursuant to search warrants. The CJA of 1964, section VII(C)(4), allows for additional counsel to be appointed in certain cases. I am requesting that Your Honor appoint Mr. Barry M. Fallick as co-counsel to Mr. Ahmed Abdel Sattar. Application granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 06/26/2002)
06/24/2002 CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED CO-COUNSEL as to Ahmed Abdel Sattar : Appointment of Attorney Barry M. Fallick . ( Signed by Judge John G. Koeltl ) (moc) (Entered: 07/18/2002)
06/26/200251 Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar as to Ahmed Abdel Sattar, from defense attorney Kenneth A. Paul Dated June 24, 2002, addressed to: Judge Koeltl, requesting the Court to extend the time the defendant has to reply to the Government's Memorandum to Friday, June 28, 2002...GRANTED (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/27/2002)
07/02/200255 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 5/31/02 at 2:40 p.m., before Judge John G. Koeltl. (ph) (Entered: 07/03/2002)
07/03/200254 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 07/03/2002)
07/15/200257 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Oral argument on the pending motion is scheduled for Thursday, July 18, 2002 at 10:00am. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 07/15/2002)
07/15/200258 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The oral argument scheduled for Thursday, July 18, 2002 at 10:00am is hereby adjourned to Friday, July 19, 2002 at 2:30pm. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 07/15/2002)
07/18/200259 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 07/18/2002)
07/18/200260 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/18/2002)
07/19/2002 Bail hearing as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl. Defendant Sattar present with attorneys Kenneth Paul and Barry Falvick. Defendant Stewart present with attorneys Susan Tipograph and Michael Tigar. Defendant Yousry present with attorney David Ruhnke. AUSAs Joseph Bianco and Christopher Morvillo. Reporter Bonni Pruszynski. Hearing held. Decision RESERVED. Defendant Sattar continued detained. Bail continued for defendants Stewart and Yousry. (ph) (Entered: 07/30/2002)
07/22/200261 Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar as to Ahmed Abdel Sattar, from defense attorney Michael E. Tigar, Dated July 11, 2002, addressed to: Judge Koeltl, requesting the Court to specify which motion will be heard during the July 19, 2002 motion hearing...1. The Court will hear argument on both motions. The Court is also prepared to bear a status report on the case. 2. The argument/conference will be held in Courtroom 24A at 500 Pearl Street. (Signed by Judge John G. Koeltl; on 7/16/02); Copies mailed. (jb) (Entered: 07/22/2002)
07/23/2002221 AFFIRMATION by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry Re: Christopher J. Morvillo, pursuant to Title 28 US Code, Section 1746 hereby declares under penalty of perjury: To submit this affirmation in connection with the Government's opposition to the motion of Defendant Lynne Stewart. (jw) (Entered: 09/23/2003)
08/08/200264 Filed Memo-Endorsement on letter: as to Ahmed Abdel Sattar, from Barry M. Fallick, Atty for the dft, Dated 7/30/02, addressed to: Koeltl, Re: a request, to have Mr. Sattar's conditions of confinement modified. Consistent with the representation at the last conference, the Gov't should advise the Court what efforts are being made to ameliorate the conditions of confinement, in particular and assure sufficient access to counsel. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 08/09/2002)
08/09/200266 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of June 12, 2002, at 4:35 p.m, before Judge John G. Koeltl . (jb) (Entered: 08/12/2002)
08/12/200265 MEMORANDUM OPINION # 87265 as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry denying [44-1] motion to join [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; as to Lynne Stewart (3), denying [44-2] motion makes additional argument and suggests additional relief. as to Lynne Stewart (3), mooting [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; as to Ahmed Abdel Sattar (1), mooting [31-2] motion for such other and further relief as to this Court may deem just and proper. as to Ahmed Abdel Sattar (1)...For the foregoing reasons, the defendant Sattar's motion to compel disclosure of any non-court authorized electronic surveillance of his attorney-client meetings at the M.C.C. has been withdrawn. The other defendant's motions to compel disclosure to Sattar are denied as MOOT. Stewart's motions to compel disclosure of any ongoing electronic surveillance on Sixth Amendment grounds is DENIED. Stewart's motion for an evidentiary hearing with respect to the disclosure of a search warrant affidavit is DENIED.(Signed by Judge John G. Koeltl, on 8/6/02); Copies mailed. (jb) (Entered: 08/12/2002)
08/21/200267 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 08/22/2002)
08/21/200268 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 08/22/2002)
08/26/200269 ORDER as to Ahmed Abdel Sattar, is is hereby ordered that because of the anticipated length of trial in this case, CJA attorney(s) may submit interim vouchers for representation of his/their client. Each voucher is to cover a minimum of two (2) week period with the first voucher to include the period from the date of appointment. Judge Koeltl endorsed: The amount of discovery in this case is extraordinary and the trial preparation will be time consuming and complex. Interim vouchers are appropriate and necessary in this case. ( Signed by Judge John G. Koeltl on 8/21/02). (ph) (Entered: 08/27/2002)
08/29/2002 PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl . Defendant Sattar present with attorneys Kenneth Paul and Barry Fallick. Defendant Stewart present with attorneys Michael Tigar and Stephen Sommerstein. Defendant Yousry present with attorneys David Stern and David Ruhnke. AUSA Christopher Morvillo and Joseph Bianco. Reporter Guido Tascione. Pretrial conference adjourned to 10/3/02 at 4:30 p.m. Time is excluded from 8/29/02 to 10/3/02. Defendant Sattar continued detained. Bail continued for defendant's Stewart and Yousry. (ph) (Entered: 09/03/2002)
08/29/2002 PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry set at 4:30 10/3/02 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. (ph) (Entered: 09/03/2002)
09/04/200271 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 09/04/2002)
09/04/200272 Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Attorney Michael E. Tigar, addressed to: Judge Koeltl Re: requesting that the Court place in record the following letter briefs dated 6/27/02 and 7/29/02, Judge memo-endorsed: The Clerk is directed to file the attached documents. SO ORDERED. ( Signed by Judge John G. Koeltl on 8/29/02). (ph) (Entered: 09/05/2002)
09/04/200275 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set scheduling order deadlines: Status Conference for 4:30 10/3/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , and to Continue in Interests of Justice time is excluded from 8/29/02 to 10/3/02 ...So Ordered. ( Signed by Judge John G. Koeltl ); Copies mailed. (ac) (Entered: 09/05/2002)
09/06/200276 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar for dates of July 19, 2002, before Judge John G. Koeltl. (jw) (Entered: 09/06/2002)
09/11/200277 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/11/2002)
09/12/200279 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/12/2002)
09/13/200281 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/16/2002)
09/20/200282 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 09/23/2002)
09/23/200283 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/23/2002)
09/23/200285 Filed Memo-Endorsement on letter: as to Ahmed Abdel Sattar, from Barry Fallick, Atty for the dft, Dated 9/16/02, addressed to: Judge Koeltl, Re: problem, with the MCC. We are sorry to have to write again about another problem with the MCC. ... Each time we visit, it takes at least one hour to be processed. In addition, it takes at least 40 minutes to leave once we are finished. ... Like all attys, who visit clients charged with terrorist-related activities, we strongly believe that the time consuming process is deliberate and intentional. We urge the Court to schedule a hearing w/the appropriate MCC officials. 1) Counsel should raise this issue w/the Court at the next conference which is already scheduled in early October; and 2) Meanwhile the Gov't should provide a report to the Court within one week as to this complaint including the time that it takes to pass through security on entering and leaving the MCC. The Gov't should also report on whether there are any procedures available to streamline the process consistent w/the security needs of the MCC. SO ORDERED. ( Signed by Judge John G. Koeltl ) (ja) (Entered: 09/26/2002)
10/03/2002 PRETRIAL CONFERENCE as to Dft Ahmed Abdel Sattar, pres w/attys Kenneth Paul and Barry Fallick; dft Lynne Stewart, pres w/attys Michael Tigar and Stephen Somerstein; dft Mohammed Yousry pres w/atty David Ruhnke held before Judge John G. Koeltl. AUSAs Joe Bianco, Chris Morvillo and Robert Buehler. Rptr Michael D'Amato. Dfts motions 1/10/03. Gov't response 2/14/03. Dfts reply 3/7/03. Final PTC 9/5/03 at 4:00 p.m. Trial date 10/7/03. Time is excluded from 10/3/02 to 10/7/02. Dft Sattar cont'd detained. Dfts Stewart and Yousry cont'd on bail. Dft Yousry's bail extended to New Jersey. (ja) (Entered: 10/08/2002)
10/03/2002 ORAL ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry , set scheduling order deadlines: Motion Filing to 1/10/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion deadline 3/7/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 2/14/03 for USA ; Pretrial Conference for 4:00 9/5/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; Jury Trial for 10/7/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. ( Entered by Judge John G. Koeltl ) (ja) (Entered: 10/08/2002)
10/09/200286 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 8/29/02, before Judge John G. Koeltl . (df) (Entered: 10/09/2002)
10/10/200287 SPEEDY TRIAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, trial set for 10/7/03 at 9:00 a.m., dfts to file any pretrial motions is 1/10/03; the Govt's time to respond is extended to 2/14/03. The dft's replies, if any, shall be submitted by 3/7/03. Requests to charge and proposed voir dire shall be submitted by 8/12/03. Objections, if any, shall be submitted by 8/19/03. The parties are directed to appear for a conference on 9/5/03 at 4:00 p.m. The Court will hold a conference relating to Mr. Sattar on 10/18/02 at 11:30 a.m. Because the continuance until the trial date is needed because of the complexity of the case, the volume of discovery... time from today (10/3/02) until 10/7/03 is excluded from Speedy Trial Act calculations. Signed by Judge John G. Koeltl ); So Ordered. (ja) (Entered: 10/16/2002)
11/07/200290 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 11/08/2002)
11/15/200291 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/18/2002)
11/26/200292 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 12/03/2002)
12/03/200293 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for dates of 10/3/02 at 4:45 p.m., before Judge John G. Koeltl. (ph) (Entered: 12/04/2002)
12/04/200294 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 12/04/2002)
12/04/200295 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 12/04/2002)
12/06/200296 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 12/09/2002)
01/09/200398 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 01/09/2003)
01/10/2003104 MOTION by Ahmed Abdel Sattar The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution , and Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning , and Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void , and to dismiss count 3 , and for discovery for count four , and to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act , and to sever co-defendant Mohammed Yousry , and for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum Return Date not specified (jw) (Entered: 01/14/2003)
01/10/2003105 MEMORANDUM by Ahmed Abdel Sattar in support of [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, [104-4] motion to dismiss count 3, [104-5] motion for discovery for count four, [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, [104-7] motion to sever co-defendant Mohammed Yousry, [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum (jw) (Entered: 01/14/2003)
01/13/2003103 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set status conference for 9:30 1/17/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ( Signed by Judge John G. Koeltl on 1/7/03); Copies faxed by Chambers. Microfilmed on 1/14/03 at 9:00 a.m. (ph) (Entered: 01/14/2003)
01/17/2003107 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset status conference for 2:30 1/24/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry SO ORDERED. ( Signed by Judge John G. Koeltl ) (ja) (Entered: 01/17/2003)
01/24/2003 PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl. Defendant Sattar present with attorney Kenneth Paul and Barry Fallick. Defendant Stewart present with attorney Michael Tigar. Defendant Yousry present with attorneys David Stern and David Ruhnke. AUSA's Robin Baker and Christopher Morvillo. Reporter Bonnie Pruszinski. Final pretrial conference 12/12/03 at 9:30 a.m. Trial adjourned to 1/12/04 at 9:00 a.m. Time is excluded from 1/24/03 to 1/12/04. Defendant Sattar continued detained. Defendant Stewart and Yousry continued on bail. Hearing on motions 5/2/03 at 10:00 a.m. (ph) (Entered: 02/24/2003)
01/24/2003 ORAL ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry , set scheduling order deadlines: Pretrial Conference for 9:30 12/12/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; Jury Trial for 9:00 1/12/04 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; , and Motion hearing set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed..., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars..., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ..., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-4] motion to dismiss count 3, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-5] motion for discovery for count four, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-7] motion to sever co-defendant Mohammed Yousry, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum . ( Entered by Judge John G. Koeltl ) (ph) (Entered: 02/24/2003)
02/03/2003108 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 02/03/2003)
02/19/2003111 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The trial date is adjourned to 1/12/04 at 9:00am. The Govts time to respond to the Defts pre-trial motions is extended to 3/7/03. The Defts replies, if any, shall be submitted by 4/4/03. A hearing on the motions will be held 5/2/03 at 10:00am. Requests to Charge, proposed Voir Dire, and proposed Jury Questionnaires shall be submitted by 12/1/03. Objections, if any, shall be submitted by 12/8/03. The parties are directed to appear for a final pre-trial conference on 12/12/03 at 9:30am. The Court excludes time from today, 1/24/03, until 1/12/04 from Speedy Trial Act calculations. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 02/20/2003)
02/19/2003 ORAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , set scheduling order deadlines: Jury Trial for 9:00 1/12/04 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion deadline 4/4/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 3/7/03 for USA ; Pretrial Conference for 9:30 12/12/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Status Conference for 10:00 5/2/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , and to Continue in Interests of Justice time is excluded from 1/24/03 to 1/23/04 ( Entered by Judge John G. Koeltl ) (ac) (Entered: 02/20/2003)
02/28/2003113 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for dates of January 24, 2003, before Judge John G. Koeltl . (dt) (Entered: 02/28/2003)
02/28/2003114 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 03/03/2003)
03/05/2003115 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 03/05/2003)
03/05/2003116 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 03/05/2003)
03/07/2003118 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from Robin L. Baker/Christopher J. Morvillo, AUSAs, Dated 3/3/03, addressed to: Judge Koeltl, Re: requesting an additional two weeks to file opposition to the dfts pretrial motions: accordingly, to reset scheduling order deadlines: Reply to response to motion deadline 4/18/03 for Ahmed Sattar, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 3/21/03 for USA ; and oral argument remains scheduled for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. Application granted. Govt's response due 3/21/03, defense reply due 4/18/03, oral argument remains scheduled for 5/2/03 at 10:00 a.m. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 03/10/2003)
03/10/2003117 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 03/10/2003)
03/13/2003119 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 03/13/2003)
03/19/2003120 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 03/20/2003)
03/19/2003123 NOTICE of Appearance for Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry by Attorney Steven P. Ragland. (ph) (Entered: 03/21/2003)
03/21/2003125 MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Lynne Stewart in opposition to [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied, [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment, [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization, [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization, [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed..., [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs, [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars..., [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and, [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper., [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart, [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ..., [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper., [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, [104-4] motion to dismiss count 3, [104-5] motion for discovery for count four, [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, [104-7] motion to sever co-defendant Mohammed Yousry, [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum. (ph) (Entered: 03/24/2003)
03/28/2003126 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Robin L. Baker/Christopher J. Morvillo, AUSAis, Dated 3/21/03, addressed to: Judge Koeltl, Re: Govt's Memorandum of Law In Opposition To Defendants' Pretrial Motions, ..., because of delays in the Foreign Intelligence Surveillance Court ("FISC"), the Government was unable to respond to the dft's motion to suppress the evidence obtained through electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act ("FISA"). ... Based on the foregoing, the Gov't requests that it have until 4/18/03 to file these additional materials. Application granted. SO ORDERED. ( Signed by Judge John G. Koeltl ) (ja) (Entered: 03/31/2003)
04/02/2003127 ORDER as to Ahmed Abdel Sattar, the Court has received the attached correspondence from defense counsel relating to conditions for visiting Mr. Sattar. The government is directed to obtain promptly a written response from the MCC to these complaints and to submit that response to the Court and counsel. ( Signed by Judge John G. Koeltl on 3/31/03); Microfilmed on 4/2/03 at 3:00 p.m. (ph) (Entered: 04/02/2003)
04/10/2003128 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 04/10/2003)
04/14/2003129 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 04/14/2003)
04/14/2003130 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 04/14/2003)
04/17/2003132 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court forwards to the parties the attached letter from the MCC. The Court does not see a need to proceed further on this issue at this time. Counsel should feel free to raise the issue again if the problem continues. The problem should be raised first with the MCC, but if no resolution occurs may of course be raised with the Court. So Ordered. ( Signed by Judge John G. Koeltl ); (letter attached) (ac) (Entered: 04/18/2003)
04/21/2003133 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from AUSA Robin Baker, Dated 4/14/03, addressed to: Judge Koeltl Re: US v Sattar, et al, reset and consolidate oral argument 9:30 6/13/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , and reset scheduling order deadlines: Reply to response to motion deadline 5/16/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 5/2/03 for USA ; ,...Application granted. Schedule approved. Oral argument on all motions rescheduled to 6/13/03 at 9:30am. Courtroom will be announced subsequently. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 04/22/2003)
04/24/2003134 MEMORANDUM by Ahmed Abdel Sattar in support of [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, [104-4] motion to dismiss count 3, [104-5] motion for discovery for count four, [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, [104-7] motion to sever co-defendant Mohammed Yousry, [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum (ja) (Entered: 04/25/2003)
04/28/2003137 MEMORANDUM by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in support of [101-5] motion (to dismiss count 5) ( 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed... (ph) (Entered: 04/30/2003)
04/30/2003138 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/01/2003)
05/01/2003139 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/01/2003)
05/02/2003140 MEMORANDUM by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in opposition to [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. (ph) (Entered: 05/07/2003)
05/09/2003141 Petition for Judicial Determination of the Legality of Electronic Surveillances by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (ac) (Entered: 05/13/2003)
05/09/2003222 Declaration and Claim of Privilege of the Attorney General of the United States as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (rag) Modified on 09/23/2003 (Entered: 09/23/2003)
05/14/2003142 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 05/14/2003)
05/14/2003143 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003144 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003145 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003146 MOTION by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for Order establishing Procedures regarding Classified Information. Return Date not specified. Declaration of Roblin L. Baker attached. (ph) (Entered: 05/19/2003)
05/15/2003147 MEMORANDUM by Ahmed Abdel Sattar in support of [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act. (ph) (Entered: 05/20/2003)
05/19/2003149 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 5/5/03, addressed to: Judge Koeltl Re: requesting an extension of time until 5/9/03 to submit classified documents to the court, granting the extension of time...Judge memo-endorsed: In view of the brief delay, the application for an extension is granted. The Court cautions, however, that time deadlines should be complied with in this first instance and not extended. ( Signed by Judge John G. Koeltl on 5/5/03); Microfilmed on 5/20/03 at 9:00 a.m. (ph) (Entered: 05/20/2003)
05/19/2003150 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Oral argument on the pending motions shall be heard on 6/13/03 at 9:30am. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 05/21/2003)
05/19/2003 ORAL ARGUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry set for 9:30 6/13/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry (ac) (Entered: 05/21/2003)
05/29/2003151 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/30/2003)
05/30/2003153 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, establishing procedures regarding classified information . ( Signed by Judge John G. Koeltl on 5/16/03); Microfilmed on 6/2/03 at 9:00 a.m. (ph) (Entered: 06/02/2003)
05/30/2003154 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 06/03/2003)
06/06/2003156 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Argument on all pending motions will be held on 6/13/03 at 9:30am in Courtroom 26B. The Deft's and the Govt will each have 90 minutes for argument. The Deft's may divide argument time as they choose among themselves. The parties may choose to reserve time for reply. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 06/09/2003)
06/06/2003 ORAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , set oral argument 9:30 6/13/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ( Entered by Judge John G. Koeltl ) (ac) (Entered: 06/09/2003)
06/06/2003157 Filed Memo-Endorsement on letter: as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Michael E. Tigar, of Counsel to: The Tigar Law Firm, Dated 5/21/03, addressed to: Judge Koeltl, Re: the Govt's Notice of Motion for Order Establishing Procedures Regarding Classified Information, The Notice was filed 5/14/03, and served by Federal Express on counsel. The Court signed the Govt's proposed Order on 5/16/03 before noon, before we had a change to comment. We are therefore taking the opportunity to address the relevant issues. We ask that this letter be made a part of the court record. The application for reconsideration or rehearing is DENIED. The Court's prior Order was not contrary to law or unconstitutional and was fully consistent with law. SO ORDERED. ( Signed by John G. Koeltl ); (ja) (Entered: 06/10/2003)
06/09/2003155 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 06/09/2003)
06/12/2003159 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 06/12/2003)
06/17/2003160 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, there are two motions that the parties wish to brief at this time. The parties should submit opening briefs to the Court by 6/20/03. Responses are due 6/27/03. Replies, if any, shall be submitted by 7/3/03. ( Signed by Judge John G. Koeltl on 6/13/03); Microfilmed on 6/17/03 at 12:00 p.m. (ph) (Entered: 06/17/2003)
06/20/2003162 NOTICE OF MOTION by Ahmed Abdel Sattar for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. Affirmation in support attached. Return Date not specified. (ja) Modified on 06/20/2003 (Entered: 06/20/2003)
06/20/2003163 MEMORANDUM by Ahmed Abdel Sattar in support of [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. (ja) (Entered: 06/20/2003)
06/20/2003165 NOTICE OF MOTION by USA as to Ahmed Abdel Sattar for an Order authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar (ac) (Entered: 06/23/2003)
06/20/2003166 MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar in support of [165-1] motion authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar (ac) (Entered: 06/23/2003)
07/03/2003169 MEMORANDUM by USA as to Ahmed Abdel Sattar in opposition to [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. (jw) (Entered: 07/07/2003)
07/03/2003170 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart , from Robin L. Baker & Christopher J, Dated July 2, 2003, addressed to: Judge Koeltl Re: To Extend time, Respectfully to ask the Court to extend for one additional day, until tomorrow, July 3, 2003 Judge's Decision: Application granted. The defendants time to reply is also extended for 1 additional day. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 07/07/2003)
07/03/2003171 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, from Robin L. Baker, Christopher J. Morvillo and Anthony S. Barkow, AUSAs, Dated 6/26/03, addressed to: Judge Koeltl, Re: a request, of the Court to extend time until Wednesday, July 2, 2003, the Govt's time to respond to the motions by dfts Ahmed Abdel Sattar and Lynne Stewart seeking access to Ahmed Abdel Rahman. The Govt's response is currently due tomorrow, June 27, 2003. Application Granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 07/08/2003)
07/07/2003168 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart , from AUSAs Robin L. Baker/Christopher, Dated 7/3/03, addressed to: Judge Koeltl Re: in connection with the government's request for an adjustment, the government consents to Stewart filing any reply to its opposition of Stewart's cross-motion on 7/21/03. The parties confirm that the defendant's reply brief on that motion is now due on 7/15/03....Judge memo-endorsed: Application granted. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 7/7/03 at 12:00 p.m.] (ph) Modified on 07/07/2003 (Entered: 07/07/2003)
07/07/2003172 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, from: Robin L. Baker, Christopher J. Morvillo, and Anthony S. Barkow, AUSAs, Dated 7/2/03, addressed to: Judge Koeltl, Re: the Government's motion for an Order Authorizing Disclosure of Potentially Privileged Materials to Dft Ahmed Abdel specifically, we write to ask the Court to adjust the briefing schedule to allow the filing of the Govt's reply brief on Monday, July 14, 2003, so that it may incorporate its response to dft Lynne Stewart's cross-motion filed on 6/27/03. Application Granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 07/08/2003)
07/14/2003173 MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar in support of [165-1] motion authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar (ac) (Entered: 07/16/2003)
07/14/2003175 RESPONSE by Ahmed Abdel Sattar in support of [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum, and in opposition to the Government's Memorandum of Law. (ja) (Entered: 07/16/2003)
07/17/2003176 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 07/17/2003)
07/18/2003194 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of June 13, 2003, before Judge John G. Koeltl . (jw) (Entered: 08/21/2003)
07/22/2003177 ORDER granting [146-1] motion for Order establishing Procedures regarding Classified Information. as to Ahmed Abdel Sattar (1), Lynne Stewart (3), Mohammed Yousry (4). The goverment's application to make a filing by 8/5/03 containing classified information in opposition to the defendant's motion for access to Ahmed Abdel Rahman is granted. The objection is overruled. See order dated 5/16/03. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 07/22/2003)
07/22/2003178 MEMORANDUM OPINION # 88788 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry mooting [164-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum, a writ cum causa, or, in the alternative, a mandatory injunction. as to Lynne Stewart (3), mooting [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. as to Ahmed Abdel Sattar (1), denying [165-1] motion authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar as to Ahmed Abdel Sattar (1),, denying [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied as to Lynne Stewart (3), mooting [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment as to Lynne Stewart (3), mooting [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization as to Lynne Stewart (3), mooting [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization as to Lynne Stewart (3), mooting [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed... as to Lynne Stewart (3), mooting [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs as to Lynne Stewart (3), denying [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars... as to Lynne Stewart (3), denying [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and as to Lynne Stewart (3), denying [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. as to Lynne Stewart (3), granting [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart as to Lynne Stewart (3), mooting [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ... as to Lynne Stewart (3), denying [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper. as to Lynne Stewart (3), mooting [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution as to Ahmed Abdel Sattar (1), granting [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning as to Ahmed Abdel Sattar (1), mooting [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void as to Ahmed Abdel Sattar (1), denying [104-4] motion to dismiss count 3 as to Ahmed Abdel Sattar (1), denying [104-5] motion for discovery for count four as to Ahmed Abdel Sattar (1), mooting104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act as to Ahmed Abdel Sattar (1), denying [104-7] motion to sever co-defendant Mohammed Yousry as to Ahmed Abdel Sattar (1), denying [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum as to Ahmed Abdel Sattar (1). The Court has considered all of the argument raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. ( Signed by Judge John G. Koeltl ); [ Microfilmed on 7/23/03 at 3:00 p.m.] (ph) (Entered: 07/22/2003)
07/24/2003180 Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from Attorney Michael E. Tigar, Dated 7/21/03, addressed to: Judge Koeltl Re: requesting leave to file our reply in support of our cross-motion tomorrow, 7/22/03, rather than today, 7/21/03, Judge memo-endorsed: Application granted. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 7/25/03 at 9:00 a.m.] (ph) (Entered: 07/25/2003)
07/28/2003181 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/28/2003)
07/29/2003182 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 07/29/2003)
07/30/2003185 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/30/2003)
07/30/2003186 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/30/2003)
08/01/2003 Bail hearing as to Ahmed Abdel Sattar held before Judge John G. Koeltl . Deft present w/ Atty's Kenneth Paul and Barry Fallick. AUSA's Robin Baker and Chris Morvillo. Ct Rptr present. Defts motion for bail is denied. Deft cont'd remanded. (ac) (Entered: 08/18/2003)
08/04/2003188 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The motion for access to Ahmed Abdel Rahman is fully briefed with the exception of a classified filing by the Gov't which was to be filed by 8/5/03. The Court extends the deadline for the classified filing by the Gov't until 8/25/03 at which time the motion will be fully briefed. Any other applications in connection with the sheduling of the briefing and timing of the motion are denied. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/04/2003)
08/13/2003189 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, a hearing is scheduled for Tuesday, August 26, 2003 at 10:00 a.m. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/14/2003)
08/14/2003190 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 08/14/2003)
08/19/2003191 NOTICE OF APPEAL by USA as to Ahmed Abdel Sattar , [178-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Barry M. Fallick, Esq., David A. Ruhnke, Esq., Michael E. Tigar, Esq., Kenneth A. Paul, Esq. and David Stern, Esq. (dt) (Entered: 08/19/2003)
08/19/2003 Notice of Appeal with copy of order/judgment and two copies of docket entries as to Ahmed Abdel Sattar transmitted to USCA re: [191-1] appeal on 8/19/03. (dt) (Entered: 08/19/2003)
08/21/2003197 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Govt's request for an adjournment of the hearing currently scheduled for 8/26/03 is granted. The Court will set a date for the hearing before the end of August. So Ordered. ( Signed by Judge Denny Chin, part I ); (ac) Modified on 08/22/2003 (Entered: 08/22/2003)
08/22/2003198 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 8/20/03, addressed to: Judge Re: following up on yesterday's letter requesting a brief adjournment of the government's time to respond to the Court's ex parte, Order dated 8/13/03, extending time for the government to respond...Judge memo-endorsed: Application granted. Time to submit the classified filing extended to 8/25/03. Because this Order and the government's 8/19 letter and this 8/20 letter do not contain classified information, all are to be filed in the public file and the government should assure copies are copies to defense counsel. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 8/22/03 at 12:00 p.m.] (ph) (Entered: 08/22/2003)
08/22/2003200 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court has received the enclosed letter that it now forwards to counsel for the defendants and the Government ( Signed by Judge John G. Koeltl ); (jw) (Entered: 08/25/2003)
08/26/2003204 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 08/29/2003)
08/27/2003202 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 08/27/2003)
08/29/2003205 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset scheduling order deadlines: Status Conference for 10:00 9/22/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , Deft Stewart may submit a reply to the Govt memo dated 8/25/03 relating to the discovery motion in connection with the hearing by 9/3/03 , and by 9/3/03, the Govt shall also advise the Court of the status of any applications to the Court of Appeals in connection with the progress of any proceedings in this Court. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 09/02/2003)
09/09/2003208 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 09/09/2003)
09/09/2003209 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/09/2003)
09/11/2003211 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, the Court has issued an order dated today requesting the government to submit certain additional information in connection with the FISA filings. The material should be filed ex parte for in camera review subject to appropriate security classification. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/11/03 at 3:00 p.m.] (ph) (Entered: 09/12/2003)
09/15/2003212 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, the Court has today issued an Opinion and Order relating to the current motions concerning FISA issues. The Court hs also filed an Order ex parte and under seal dealing with classified aspects of the FISA issues. That Order does not change the conclusions of the published Opinion and Order in any way. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/16/03 at 9:00 a.m., RE-Microfilmed on 11/14/07 at 3:00 PM] (ph) (Entered: 09/16/2003)
09/15/2003215 MEMORANDUM OPINION # 89049 as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, all of the defendant's motions to suppress the fruits of the FISA evidence are denied. The government's motion is granted. The Court has conducted an ex parte, in camera review of the materials submitted by the government and finds that the FISA surveillance was lawfully authorizied and executed. The court will not disclose those materials to the defendants. The Government may provide Sattar with those portions of the Prison Recordings and Yousry Notebooks that have been redacted so as not to contain material covered potentially by the attorney-client privilege or the work-product doctrine. When the Government taint team has completed the redactions, the Government should provide the Court with the portions that the Government taint team believes may contain privileged material for the Court's review and potential disclosure to Sattar. Fnally, Stewart's motion for disclosure, sequestration, return of property, suppression, appointment of a Special Master and for an evidentiary hearing is denied in its entirety. The court has considered all of the arguments raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/16/03 at 9:00 a.m.] (ph) (Entered: 09/17/2003)
09/16/2003213 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/16/2003)
09/17/2003217 NOTICE OF MOTION by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information (ac) (Entered: 09/19/2003)
09/17/2003218 UNCLASSIFIED MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry in support of motion [217-1] To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information (ac) (Entered: 09/19/2003)
09/17/2003220 LETTER filed by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, From Robin L. Baker, Christopher J. Morvillo, & Anthony S. Barkow, AUSAs, Dated 9/17/03, Addressed to: Judge Koeltl, Re: the Gov't respectfully requests that the Court enter a protective order denying disclosure of the Fitzgerald Memoranda, pursuant to Rule 26.2(c) and, as appropriate, Section 4 of CIPA. Additionally, for the same reasons, the Gov't respectfully asks the Court to preclude cross-examination of Mr. Fitzgerald w/respect to the subject matter of the Fitzgerald Memoranda. (ja) (Entered: 09/22/2003)
09/19/2003219 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/19/2003)
09/22/2003224 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. 1. The Court has received a letter from The New York Times which seeks disclosure of documents in connection with deft Stewart's motion relating to certain evidence. The Court has received a letter dated Sept. 19 from Stewart's counsel with respect to that application. The Govt and counsel for the remaining defts (if they choose) should provide the Court with any comments by 9/23/03. The Court notes that deft Stewart's response to the motion is only scheduled to be filed under seal on 9/29/03. The Court also notes that the parties may wish to confer on the issue, perhaps with counsel for The Times, because it may be that only portions of the documents should remain under seal. 2. The Court has received the Govt's motions dated 9/17/03 relating to the Fitzgerald Memoranda. In view of the date for the evidentiary hearing, deft Stewart should respond by 9/23/03, and the Govt should reply by 9/24/03. All papers should be served by fax with a courtesy copy to the Court by fax. ( Signed on 9/19/03 by Judge John G. Koeltl ). [ microfilm 9/22/03 12pm ] (bw) (Entered: 09/24/2003)
09/23/2003 USCA Case Number as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: [191-1] appeal, [192-1] appeal, [193-1] appeal USCA NUMBER: 03-1507(L),03-1508(CON),03-1509(CON) (pr) (Entered: 09/23/2003)
09/23/2003223 File notice that the record on appeal as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry has been certified and transmitted to USCA on 9/23/03 [191-1] appeal, [192-1] appeal, [193-1] appeal (pr) (Entered: 09/23/2003)
09/29/2003229 Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from Attorney E. Tigar, Dated 9/26/03, addressed to: Judge Koeltl Re: requesting an extension of time to file a motion for reconsideration of the Court's 9/15/03 FISA opinion on 10/7/03. granting the extension of time....Judge memo-endorsed: Time to file motion for reconsideration extended to 10/7/03. So ordered. , ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/01/2003)
09/29/2003231 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry granting [217-1] motion To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information as to Ahmed Abdel Sattar (1), Yassir Al-Sirri (2), Lynne Stewart (3), Mohammed Yousry (4). The government's motion for a protective order is denied. The government's motion to provide a summary of the first 2001 Memo and a redacted copy of the second 2001 Memo pursuant to CIPA is granted. The classified submissions will be sealed and kept in the custody of the court security officer, and made available for appellate reveiw, if necessary. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/01/2003)
09/30/2003227 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/30/2003)
09/30/2003228 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/30/2003)
09/30/2003235 True Copy of Order from USCA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: Motion by USA granting Motion for Issuance of Limited Mandate. (Certifed: 9/23/03). (ph) (Entered: 10/10/2003)
10/01/2003236 LETTER filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry From AUSA Robin L. Baker, Dated 9/23/03, Addressed to: Judge Koeltl Re: writing in response to the 9/17/03 letter from the New York Times Company, publisher of the New York Times. (Declaration of Michael T. Elliott and Government's Memorandum of Law in Opposition to defendant Lynn Stewart's 7/25/03 Motion regarding Electronic Surveillance Evidence attached. (ph) (Entered: 10/10/2003)
10/07/2003234 True Copy of Order from USCA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. USCA Nos. 03-1507(L), 03-1508, 03-1509; On Motion by USA for Expedited Briefing and Argument Schedule, It is hereby ORDERED that the motion for an expedited appeal is GRANTED. The Govt's brief shall be filed by 10/6/03; appellee's brief shall be filed by 11/3/03; the Govt's reply brief shall be filed by 11/11/03; and the appeal shall be heard the week of 12/1/03, subject to the approval of the presiding judge. [ Certified: 9/30/03 ] (bw) (Entered: 10/08/2003)
10/08/2003 USCA Case Number as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: [193-1] appeal, [192-1] appeal, [191-1] appeal USCA NUMBER: 03-1507(L),03-1508i(CON),03-1509(CON). (pr) (Entered: 10/08/2003)
10/08/2003242 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar for dates of 8/1/03, before Judge John G. Koeltl . (df) (Entered: 10/20/2003)
10/16/2003241 SECOND DECLARATION OF Michael T. Elliott as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (ph) (Entered: 10/17/2003)
10/20/2003243 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Because there is no contention that the Second Elliott Declaration refers to any material under seal, and because there is no application to file it under seal, it can be filed in the public file ( Signed by Judge John G. Koeltl ); (jw) (Entered: 10/20/2003)
10/21/2003244 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 10/22/2003)
10/22/2003245 ORDER as to Ahmed Abdel Sattar, the Clerk is directed to provide documents 183 and 184 (sealed documents dated 7/25/03) to the Court. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/22/2003)
10/22/2003247 MANDATE OF USCA (certified copy) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: [193-1] appeal, [192-1] appeal, [191-1] appeal IT IS HEREBY STIPULATED AND AGREED by and between appellant the United States of America, by James B. Comey, the United States Attorney for the Southern District of New York, and defendants-appellees Ahmed Abdel Sattar, by and through his counsel Kenneth A. Paul Esq., Lynne Stewart, by and through her counsel Michael E. Tigar, Esq., and Mohammed Yousry, by and through his counsel, David A. Stern, Esq., that the United States of America hereby withdraws its appeal. (Dkt. Nos. 03-1507(L), 03-1508, 03-1509). Certified: 10/16/03. (ph) (Entered: 10/23/2003)
10/27/2003249 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from Anthony S. Barkow, AUSA, Dated 10/23/03, addressed to: Judge Koeltl, Re: a request, the Government inquires whether the Court intends to hold the trial in this matter in the Court's regular courtroom or in another courtroom in light of the large number of attys involved... The Government respectfully requests that the decision as to the courtroom be made as soon as possible, so that the Government may plan certain logistical aspects of its trial preparation such as the set up of equipment to be used... The Court will use Courtroom 318 at 40 Foley Square for the trial. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 10/27/2003)
10/31/2003250 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 10/31/2003)
11/05/2003252 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 9/29/03, before Judge John G. Koeltl . (df) (Entered: 11/05/2003)
11/05/2003253 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court has issued an ex parte Order to the Government, which is being filed under seal with the Court Security Officer because it refers to classified materials. The Court is also providing the Court Security Officer the classified materials that were submitted to the Court in connection with the classified redactions from the Fitzgerald Memos, so that these materials can be filed in a secure fashion and be available for any appellate review ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/05/2003)
11/05/2003254 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/05/2003)
11/05/2003259 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset final pretrial conference for 10:00 12/17/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry SO ORDERED.( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
11/05/2003260 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Defendant Sattar moves for an order granting pretrial access to Ahmed Abdel Rahman and the issuance of a writ ad testificandum. Defendant Stewart joins in that application, and she adds a request, in the alternative, for a writ cum causa or for a mandatory injunction directing the Government to grant access to Ahmed Abdel Rahman. The defendant's motions are denied. ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/07/2003)
11/12/2003261 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/12/2003)
11/12/2003262 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 11/5/03, addressed to: Judge Koeltl Re: responding to Paragraph 2 of the Court's November 3,2003 Order and asking the Court to decide whether it should remain ex parte and whether it should be filed under seal. Judge memo-endorsed: 1. This letter will be filed in the public file and served on all counsel. The government explains that this letter is not classified and does not assert that there is a reason for this letter to remain ex parte. The underlying documents will continue to remain ex parte and under seal. So ordered. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 11/13/2003)
11/12/2003265 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset scheduling order deadlines: The Court previously directed that requests to charge, proposed voir dire and proposed jury questionnaires shall be submitted by December 1, 2003; Any objection shall be submitted by December 8, 2003; The final pre-trial conference is to be held on December 17, 2003 in Courtroom 12B at 500 Pearl Street; The questionnaires will be distributed by the Jury Administrator to potential jurors and completed on January 6 and 7, 2004; The Court will hold a conference with the parties on January 9, 2004 at 10:00am in Courtroom 12B at 500 Pearl Street; Potential jurors who have not been previously excused will be brought in and voir dire examinations will commence on January 12, 2004 at 10:00am ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/14/2003)
11/13/2003263 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/13/2003)
11/14/2003266 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 11/17/2003)
11/14/2003267 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 11/17/2003)
11/17/2003268 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Subject to any comments or Objections by the parties, which are to be filed no later than 11/25/03, the Court directs the following: (1) The parties should promptly review with counsel for Sheik Abdel Rahman whether Sheik Abdel Rahman has any objection to these and the other transcripts of conversations with him being disclosed solely to defendant Sattar; (2) The government should provide the Court with transcripts redacted solely to exclude possibly privileged conversations. The Court assumes without deciding that there is no objection at this time to providing solely to Sattar those portions of the redacted converations which were redacted for purposes other than privilege. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 11/17/2003)
11/18/2003269 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/18/2003)
11/19/2003274 (S1) SUPERSEDING INDICTMENT FILED as to Ahmed Abdel Sattar (1) count(s) 1s, 2s, 3s, Lynne Stewart (3) count(s) 1s, 4s, 5s, 6s-7s, Mohammed Yousry (4) count(s) 1s, 4s, 5s. (ja, ) (Entered: 12/11/2003)
11/21/2003 Minute Entry for proceedings held before Judge John G. Koeltl :Arraignment as to Ahmed Abdel Sattar (1) Count 1s,2s,3s and Lynne Stewart (3) Count 1s,4s,5s,6s-7s and Mohammed Yousry (4) Count 1s,4s,5s held on 11/21/2003. Deft Sattar pleads Not Guilty to Superceding Indictment. Deft Stewart pleads Not Guilty to Superceding Indictment. Deft Yousry pleads Not Guilty to Superseding Indictment. Deft Sattar present w/attys Kenneth Paul and Barry Fallick. Deft Stewart present w/attys Michael Tigar and Jill Shellow-Levine. Deft Yousry present w/attys David Stern and David Ruhnke. AUSAs Andrew Dember and Anthony Barkow. Reporter Sam Mauro. Pretrial conference. Hearing on motions 4/9/04 at 10:00 a.m. Final pretrial conference 4/30/04. Trial date 5/11/04. Time excluded from 11/21/03 to 5/11/04. Deft Sattar continued detained. Defts Stewart and Yousry continued on bail. (bw, ) (Entered: 05/13/2004)
11/21/2003 Minute Entry for proceedings held before Judge John G. Koeltl : Plea entered by Ahmed Abdel Sattar (1) Count 1s,2s,3s and Lynne Stewart (3) Count 1s,4s,5s,6s-7s and Mohammed Yousry (4) Count 1s,4s,5s - Not Guilty. (bw, ) (Entered: 05/13/2004)
11/21/2003 Minute Entry for proceedings held before Judge John G. Koeltl :Pretrial Conference as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/21/2003. (bw, ) (Entered: 05/13/2004)
12/01/2003270 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The defendants may submit pretrial motions by 1/23/2004. The Government's responses shall be submitted by 2/27/2004. The defendant's replies shall be submitted by 3/19/2004. A hearing on the motions will be held 4/9/04 at 9:00 a.m. Request to charge, proposed voir dire, and a proposed jury questionnaire shall be submitted by 4/26/04. Objections, if any, shall be submitted by 4/28/04. The parties are directed to appear for a final pretrial conference on 4/30/2004 at 10:00 AM. Questionnaires will be distributed to potential jurors on May 3 and 4, 2004. Trial will begin 5/11/2004 09:00 AM before Judge John G. Koeltl. Because time is required for defense counsel to make a new round of pretrial motions and for the Court to decide them, and because time is required for defense counsel to review any new information as it relates to this complicated criminal case, the Court prospectively excludes time from 11/21/03 until 5/11/04. All conditions of bail are continued for defendants Stewart and Yousry. SO ORDERED. (Signed by Judge John G. Koeltl on 11/21/03)(ja, ) (Entered: 12/03/2003)
12/01/2003271 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Time excluded from 11/25/03 until 5/17/04. As to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, Jury Trial set for 5/17/2004 09:00 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 11/25/03)(ph, ) (Entered: 12/04/2003)
12/05/2003272  PETITION FOR JUDICIAL DETERMINATION OF THE LEGALITY OF ELECTRONIC SURVEILLANCE. by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ph, ) (Entered: 12/09/2003)
12/09/2003273 NOTICE OF ATTORNEY APPEARANCE AND REQUEST FOR ELECTRONIC NOTIFICATION by AUSA Robin L. Baker, appearing for USA. (bw, ) (Entered: 12/10/2003)
12/22/2003279 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Barry M. Fallick dated 12/17/03 re: requesting that the Court order the government to disclose to Ahmed Abdel Sattar all of the prison audio recordings and video recordings in unredacted form, including unredacted transcripts. Judge memo-endorsed: All parties are requested to respond to this application by 12/30/03. So ordered. (Signed by Judge John G. Koeltl on 12/18/03)(ph, ) (Entered: 12/23/2003)
01/05/2004285 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/21/03 before Judge John G. Koeltl. (pr, ) (Entered: 01/05/2004)
01/06/2004286 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government can file under seal its January 5, 2004 letter to the Court. The Government should serve the redacted version of the letter on counsel for defendant Sattar and Yousry. SO ORDERED. (Signed by Judge John G. Koeltl on 1/5/04)(jw, ) (Entered: 01/07/2004)
01/14/2004289 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government should prepare a Proposed Order concerning the disclosure of certain materials to defendant Sattar in accordance with the most recent letter from defendant Stewart which appears to be consistent with the agreement of all the parties. No party has objected or responded. The Court notes that the effect of the Order would allow access for defendant Sattar to the specified materials subject to the protective order in this case. The proposed order would also prevent further use or disclosure of the materials without giving notice and an opportunity to be heard to Sheikh Rahman's counsel. The parties are reminded that if any of those materials are intended to be used at trial, adequate advance notice must be given so that the necessary procedures for determination of any claims of atty-client privilege or work-product protection can be made sufficiently in advance of any proposed use of the materials. The Court has today also issued an Order ex parte and under seal requesting the Government to submit further materials in connection with its application for a Judicial Determination with respect to certain electronic surveillance targeting Youssef Odeh. The Order also refers to another matter relating to classified materials. SO ORDERED.. (Signed by Judge John G. Koeltl on 1/13/04)(jw, ) (Entered: 01/15/2004)
01/22/2004295 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government filed a petition requesting the Court to determine that certain court-ordered electronic surveillance targeting Youssef Odeh was lawfully authorized and conducted. The Court conducted an ex parte and in camera review of classified documents submitted to the Court. In response to this Court's sealed order dated January 13, 2004, the Government submitted certain additional classified material to the Court which the Court also reviewed ex parte and in camera. None of the defendants has filed any opposition to the Government's petition. After a careful review of all of the information provided to the Court, and aware of all of the statutory requirements for the surveillance at issue which have already been summarized in this Court's Opinion and Order dated September 15, 2003, the Court finds that the surveillance at issue was lawfully authorized and conducted. Therefore, the specified electronic surveillance targeting Youssef Odeh can be used in this case and shall not be suppressed. (Signed by Judge John G. Koeltl on 1/20/04)(jw, ) (Entered: 01/22/2004)
01/23/2004298 NOTICE OF MOTION to Dismiss Count Two of the Superseding Indictment and for other relief. Attorney's Affirmation in support attached.Document filed by Ahmed Abdel Sattar. (ja, ) (Entered: 01/29/2004)
01/23/2004299 MEMORANDUM in Support by Ahmed Abdel Sattar re 298 MOTION to Dismiss Count Two of the Superseding Indictment and for other relief. (ja, ) (Entered: 01/29/2004)
02/10/2004308 PROTECTIVE ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. IT IS HEREBY ORDERED that the Government Wall Team, in accordance with and subject to the Protective Order entered by the Court on 4/26/02 (which Order is expressly incorporated by reference herein), shall disclose forthwith the Redacted Content to deft Sattar, and his counsel; IT IS FURTHER ORDERED that the Government Wall Team shall not provide the Redacted Content to the Trial AUSAs; IT IS FURTHER ORDERED that, in addition to the restrictions imposed by the 4/26/02 Protective Order, no deft shall use, disclose, disseminate or otherwise reveal in any manner to any third party (including, but not limited to, the Trial AUSAs, any prospective or actual Govt or defense witness, the media, or any jury empaneled to hear the trial of this matter) any Redacted Content unless: 1. the deft is expressly authorized to make such disclosure or use by the Court, or; 2. the deft produces the specific portions of the Redacted Content for which disclosure or use is sought to counsel for Abdel Rahman, counsel for co-defts, the Trial AUSAs (or to the Govt Wall Team if disclosure to the Trial AUSAs would reveal defense strategy) and the Court no less than 14 days prior to the date upon which such disclosure or use is to occur (the "Noticed Disclosure Date"); IT IS FURTHER ORDERED that any objections to a requested disclosure that are based on the attorney-client privilege or the attorney work product doctrine shall be made, in writing, no less than 7 days prior to the Noticed Disclosure Date; IT IS FURTHER ORDERED that any other objections relating to any Redacted Content that any deft seeks to offer into evidence at any trial or hearing may be made at the time that such Redacted Content is offered into evidence; and IT IS FURTHER ORDERED that nothing in this Order shall be deemed to constitute a waiver of Abdel Rahman's attorney-client privilege or any applicable attorney work product protection. (Signed by Judge John G. Koeltl on 1/31/04). [ microfilm 2/10/04 12pm ] (bw, ) Modified on 2/13/2004 (bw, ). (Entered: 02/13/2004)
02/27/2004313 MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 298 pretrial motions regarding the superseding indictment.(jw, ) (Entered: 03/01/2004)
03/05/2004314 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorney Barry M. Fallick, dated 3/4/04 re: submitted concerning trial in Courtroom 318 at 40 Foley Square. He would like to discuss with the Court, the courtroom setting for the three defense teams. JUDGE ENDORSED - 1. The trial will proceed in Courtroom 318 at 40 Foley Square. 2. It is the Court's expectation that there will be separate tables for the Government and each of the three defense teams. 3. The parties should consult with Don Fletcher about courtroom logistics and Joel Blum about any audio, visual, and computer assistance for the courtroom. (Signed by Judge John G. Koeltl on 3/4/04)(bw, ) (Entered: 03/10/2004)
03/16/2004316 MEMORANDUM in Support by Ahmed Abdel Sattar re 298 MOTION to Dismiss. (ph, ) (Entered: 03/17/2004)
03/26/2004322 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 3/25/04 re: submitted to request the Court's permission to use a high-speedy Internet connection during the trial in this matter. The Govt also requests the Court's permission to hook up and use a printer in the courtroom during the trial in this matter. JUDGE ENDORSED - 1. Counsel should also confer with the Marshals to assure that no security concerns are posed by any electronic equipment. 2. The Court is not opposed to equipment that does not raise security concerns. 3. Counsel should coordinate among themselves, and with Mr. Fletcher and Joel Blum. (Signed by Judge John G. Koeltl on 3/25/04)(bw, ) (Entered: 03/31/2004)
04/07/2004323 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will hear argument on the pending motions on April 9,2004 at 9:00 a.m. in Courtroom 12B, 500 Pearl Street, New York, NY. (Signed by Judge John G. Koeltl on 4/2/04)(ph, ) (Entered: 04/08/2004)
04/07/2004 Set/Reset Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Oral Argument set for 4/9/2004 09:00 AM before Judge John G. Koeltl.(ph, ) (Entered: 04/08/2004)
04/07/2004324 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The argument of the pending motions is rescheduled for 4/9/2004 at 9:00 a.m. in Courtroom 110, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Judge John G. Koeltl on 4/6/04)(ja, ) (Entered: 04/08/2004)
04/14/2004327 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Clerk is directed to hand over the sealed documents entered on the docket sheet in this case as Docket Nos. 277, 284, 287, 288, 290, 291, 292, 293. SO ORDERED. (Signed by Judge John G. Koeltl on 4/14/04)(jw, ) (Entered: 04/15/2004)
04/19/2004332 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney David A. Ruhnke, dated 4/16/04 re: submitted to advise the Judge that the defense has no objection to the briefing schedule proposed with regard to the Govt's motion for an anonymous and escorted jury. JUDGE ENDORSED - The Court has not received the proposed schedule to which this letter responds. The parties should provide it. (Signed by Judge John G. Koeltl on 4/17/04)(bw, ) (Entered: 04/21/2004)
04/20/2004330 MEMORANDUM & OPINION # 89980 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 296 MOTION to Dismiss the (S1) Indictment filed by Lynne Stewart, 298 MOTION to Dismiss the (S1) Indictment filed by Ahmed Abdel Sattar. The Court has considered all of the arguments of the parties. To the extent they are not addressed in the Opinion and Order, they are either moot or without merit. All of the defendants' motions are denied as explained in the Opinion and Order. The motion challenging counts 1 and 4 as multiplicitous and the motion to strike surplusage in the (S1) Indictment are denied without prejudice to renewal at the close of the Government's case.(Signed by Judge John G. Koeltl on 4/19/04)(ph, ) (Entered: 04/21/2004)
04/21/2004338 Government's MOTION for Protective Order Pursuant to Fed.R.Crim.P. 16(d). Document filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ph, ) (Entered: 04/22/2004)
04/21/2004339 MEMORANDUM in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 338 MOTION for Protective Order. (ph, ) (Entered: 04/22/2004)
04/21/2004340 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 4/15/04 re: requesting that the Court set a briefing schedule on the Government's Motion for an Anonymous Jury and Other Related Protective Measures. The government respectfully requests that the defendants be directed to serve responsive papers on the government no later than Wednesday, April 21, 2004, with any Government reply thereto to be served on the defense no later than Friday, April 23, 2004. Judge memo-endorsed: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 4/19/04)(ph, ). (Entered: 04/22/2004)
04/22/2004343  REPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar re: 338 MOTION for Protective Order. (jw, ) (Entered: 04/23/2004)
04/23/2004344 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Robin L. Baker dated April 21, 2004 re: Request clarification of a portion of the Court's Memorandum Endorsement on the April 16, 2004 letter from Jill R. Shellow-Lavine, Esq. regarding disclosure to Ramsey Clark, Esq., as counsel for Sheikh Omar Abdel Rahman, of the Prison-Recording transcripts and Yousry Notebooks. Judge Memo-endorsed..The two clarification on confirmation sought by the Government are correct with the Court's intent and are finding. SO ORDERED. (Signed by Judge John G. Koeltl on 4/21/04)(jw, ) (Entered: 04/23/2004)
04/26/2004348 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 4/22/04 re: submitted to ask the Court to adjourn the date by which the parties must submit proposed voir dire questions, which is scheduled for 4/26/04, until a date to be determined after the parties have concluded their ongoing negotiations regarding the proposed jury questionnaire. JUDGE ENDORSED - Application granted. The parties should attempt to agree on the questionnaire, but the Court will be the final decision maker with respect to the questions. The parties are also reminded that questions should not be overly intrusive for jurors. (Signed by Judge John G. Koeltl on 4/22/04)(bw, ) (Entered: 04/27/2004)
04/26/2004349 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Government Responses due by 4/28/2004. Defendant Stewart is directed to respond by April 27, 2004 to the Government's submission opposing her application to serve as co-counsel. The Government may respond by April 28, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 4/23/04)(jw, ) (Entered: 04/27/2004)
04/26/2004350  MOTION to Quash Subpoena or, in the alternative, to limit testimony to li. Document filed by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 04/27/2004)
04/26/2004351 MEMORANDUM in Support by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re 350 MOTION to Quash subpoena or, in the alternative, to limit testimony. (jw, ) (Entered: 04/27/2004)
04/26/2004352 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt moves for a protective order pursuant to F.R.Cr.P. 16(d) in connection with expert disclosure. In essence, the Govt contends that defts Sattar and Yousry have requested expert discovery from the Govt pursuant to Rule 16(a)(1)(G), thereby triggering the reciprocal disclosure obligations for expert discovery pursuant to Rule 16(b)(1)(c)(i). After being invited by the Govt to make such a request, counsel for Stewart asked for a specification of the subject matters of the Govt's proposed expert testimony so that she could determine whether to make the request for expert discovery thereby triggering the obligation to make reciprocal discovery. The discovery to be provided by the Govt and the reciprocal discovery require a written summary of the testimony, which must include the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. The Govt seeks a protective order to prevent Stewart, not having triggered reciprocal discovery, from obtaining the substance of the Govt's discovery to the other defts. Stewart says in response that she seeks only the specification of the subject matter of the expert discovery and agrees to provide disclosure of the subject matter of her proposed expert testimony fourteen days after receiving the Govt's disclosure. In the meantime she does not object to a protective order that precludes the other defts from producing the "written summary" of the Govt's proposed expert discovery but objects to a protective order that goes further.... Therefore, for good cause shown, the request for a protective order is granted as follows: (1) Govt disclosures pursuant to Rule 16(a)(1)(G) shall not be disclosed to any deft not requesting such disclosures and undertaking the reciprocal discovery obligations in Rule 16(b)(1)(C)(i); (2) the Govt will promptly advise Stewart of the general subject matter of the areas in which the Govt currently intends to seek to offer expert testimony, and Stewart will respond within fourteen (14) days thereafter by advising the Govt of the areas in which Stewart currently intends to seek to offer expert testimony. (Signed by Judge John G. Koeltl on 4/24/04)(bw, ) (Entered: 04/28/2004)
04/28/2004355 REPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 338 MOTION for Protective Order. (ph, ) (Entered: 04/28/2004)
04/28/2004356 AFFIRMATION of Christopher J. Morvillo in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 338 MOTION for Protective Order. (ph, ) (Entered: 04/28/2004)
04/28/2004359 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The papers in connection with the motion for an anonymous jury should now be filed with the exception of the Sealed Morvillo Declaration which the Court will file under Seal. No party has identified any portion of the papers that should not be filed, except for the Sealed Morvillo Declaration. The Sealed Morvillo Declaration, which has already been served on counsel for Sattar, should now be served on the remaining defendants by the Government, but will remain sealed. SO ORDERED. (Signed by Judge John G. Koeltl on 4/28/04)(jw, ) (Entered: 04/29/2004)
04/28/2004360 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed the parties' proposed Questionnaire which will require substantial revisions. In view of the logistics of preparing and finalizing the Questionnaire, the parties are requested to provide the Court by 7:00 p.m., today, until April 28, 2004 the items listed in the Order. (Signed by Judge John G. Koeltl on 4/28/04)(ph, ) (Entered: 04/29/2004)
04/29/2004361 Proposed Jury Questionnaire by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 04/30/2004)
04/29/2004364 DECLARATION of Esmat Salaheddin in Support as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 350 MOTION to Quash the trial subpoena served on him last November. (ph, ) (Entered: 04/30/2004)
04/29/2004365 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorney Kenneth Paul dated 4/28/04 re: requesting that arrangement be made for Ahmed Abdel Sattar to be able to wear his own clothiing for purposes of court appearances before the jury. Judge memo-endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 4/28/04)(ph, ) (Entered: 05/03/2004)
04/30/2004362 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 4/9/2004 before Judge John G. Koeltl. (jp, ) (Entered: 04/30/2004)
04/30/2004371 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will appoint additional counsel for Sheikh Abdel Rahman because irrespective of the issues to be raised by May 4, 2004, there may be additional issues relevant to any asserted privileges for Sheikh Abdel Rahman. The Court has not changed the briefing schedule from the May 4 date previously set and assumes Sheikh Abdel Rahman continues to assert a privilege. The Court is prepared, however, to consider any issues brought to the COurt's attention by counsel for Sheikh Abdel Rahman promptly and notes that the parties in the case are continuing to litigate the issues pursuant to the original time schedule. (Signed by Judge John G. Koeltl on 4/30/04)(ph, ) (Entered: 05/04/2004)
05/03/2004372 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court is transmitting to the parties an entire copy of the Introductory Remarks as well as those pages of the Juror Questionnaire that reflect changes to the prior draft. The Court will provide a copy of the Juror Questionnaire to the Government on Saturday so that it can prepare 600 copies (not 500 as previously understood) for the prospective jurors, and provide them to the Jury Clerk on Monday and also provide copies to the Court and defense counsel. The Court is also providing copies of the Court's proposed orders, which the Court intends to enter on Monday, May 3, 2004. Any comments on the proposed orders should be submitted by Monday at 11:00am. The Court will then provide the Government with a copy of the order to be distributed to prospective jurors, so that the Government can have at least 600 copies made and provide them to the Court. The Court will see that the order is distributed to prospective jurors in court. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/04)(jw, ) (Entered: 05/04/2004)
05/03/2004373 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The government is directed to submit as promptly as possible a revised copy -- on paper and on a diskette -- of the list of names, locations and organization that might be mentioned during trial. (Signed by Judge John G. Koeltl on 4/30/04)(ph, ) (Entered: 05/04/2004)
05/03/2004374 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney David A. Ruhnke, dated 5/1/04 re: submitted to inform the Judge that there appears to be a syntax error in the new question 59 of the revised questionnaire. JUDGE ENDORSED - The Court appreciates the letter. Counsel is correct. The error was corrected and the corrected page was faxed out but counsel may not have received. Another copy is attached. Again, the Court appreciates the letter. (Signed by Judge John G. Koeltl on 5/1/04)(bw, ) (Entered: 05/04/2004)
05/03/2004376 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The redacted copy of Mr. Tigar's April 27, 2004 letter and the redacted copy of the government's April 29, 2004 letter should be filed by the Government. The unredacted copy of the government's April 29, 2004 letter will be filed under seal. (Signed by Judge John G. Koeltl on 5/1/04)(ph, ) (Entered: 05/05/2004)
05/03/2004378 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Anthony S. Barkow dated April 30, 2004 re: The Government respectfully submits this letter to convey to the Court a joint proposal by all parties regarding the schedule set today relating to jury questionnaires. Judge Memo-endorsed..Application granted. The Court notes that it had not intended to impose any additional burdens on the parties and that this follow-up additional questions were more in the nature of the questions on the questionnaire that the parties pursued with the prospective jurors. But the timing proposals in their letter are reasonable and the Court adopts Orders. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/04)(jw, ) (Entered: 05/06/2004)
05/04/2004375 JURY QUESTIONNAIRE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 05/05/2004)
05/04/2004 Minute Entry for proceedings held before Judge John G. Koeltl:Voir Dire begun on 5/4/2004 Ahmed Abdel Sattar (1) on Count 1,1s,2,2s,3,3s,4 and Lynne Stewart (3) on Count 1,1s,2,4,4s,5,5s,6s-7s and Mohammed Yousry (4) on Count 1,1s,2,4,4s,5s. (ph, ) (Entered: 07/07/2004)
05/04/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Selection as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/4/2004. (ph, ) (Entered: 07/07/2004)
05/04/2004 Jury Impaneled as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ph, ) (Entered: 07/07/2004)
05/04/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/4/2004. Defendant Sattar present with attorney Kenneth Paul and Barry Fallick. Defendant Stewart present with attorneys Michael Tigar and Jill Shellow-Lavine. Defendant Yousry present with attorneys David Stern and David Ruhnke. AUSAs Robin Baker, Christopher Morvillo, Andrew Dember and Anthony Barkow. Reporters Joe Quinones, Connie Kuhl and Steven Greenblum. Trial begins on 5/4/04, and continues 5/18/04, 5/19/04, 5/20/04, 5/21/04, 5/24/04, 5/25/04, 5/26/04, 5/27/04, 6/1/04, 6/2/04, 6/3/04 6/21/04, 6/22/04, 6/23/04, 6/24/04, 6/29/04 and 6/30/04. Defendant Sattar continued detained. Defendant Stewart and Yousry continued on bail. (ph, ) (Entered: 07/07/2004)
05/05/2004377  Government's First Omnibus Motion In Limine by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/05/2004)
05/06/2004382 ENDORSED LETTER as to Ahmed Abdel Sattar, addressed to Judge Koeltl, from Kenneth A. Paul, Atty for the dft, dated 5/6/04, re: a request of Your Honor to authorize permission for Ahmed Abdel Sattar, Reg. #53506-054, to have provided to him at MCC, add'l articles of clothing. Specifically,... to be provided w/2 sports jackets, another pair of pants, shirt, and belt, in addition to the two pairs of pants, two shirts, ties, socks and shoes, as previously ordered... -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/4/04)(ja, ) (Entered: 05/07/2004)
05/06/2004383 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received Mr. Clark's May 3, 2004 letter concerning procedures for an atty conference call today with Sheikh Abdel Rahman. 1. If the call is unable to proceed, then, as Mr. Clark suggests, the Court will assume that Sheikh Abdel Rahman continues to assert a privilege as to materials at issue. 2. While it may not be possible for the Court to resolve issues with respect to procedures in the time remaining before the otherwise scheduled call, it is not clear why an order requiring that the recording of the conversation be maintained under seal until further order of the Court (subject to any regular monitoring procedures for such a call) would not resolve the parties interests and concerns. The Government should respond promptly to this proposal. 3. The Court appreciates Mr. Clark's efforts to obtain an additional counsel for Sheikh Abdel Rahman. The Court notes that Mr. Clark should not limit his consideration to attys currently on the CJA Panel because the Court would authorize reimbursement for an atty not on the CJA Panel. 4. Following the practice of the parties on this exchange of correspondence, the Court is not copying other counsel in the case, but the Government should adivse promptly why this correspondence should not be copied to the other counsel in the case. SO ORDERED. (Signed by Judge John G. Koeltl on 5/3/04)(jw, ) (Entered: 05/07/2004)
05/06/2004384 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. All persons called as prospective jurors in this case are directed to follow the following instructions: 1. Do not talk to any other prospective jurors about this case. 2. Do not talk to anyone about the case, including reporters, friends, or members of your family. Do not permit anyone to talk to you about the case. 3. Do not talk to any of the parties or lawyers in this case. 4. Do not read any newspaper, magazine, or internet reports about the case or watch or listen to any radio or television reports about the case. If you should unavoidably see or hear an item, disregard it and put it out of your mind. These directions apply to all prospective jurors during the course of jury selection and will continue to apply to those persons selected as jurors until they have been discharged as jurors in this case. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) Modified on 5/7/2004 (bw, ). (Entered: 05/07/2004)
05/06/2004385 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court transmits to the parties the attached correspondence and the Court's prior 5/3/04 Order. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) (Entered: 05/07/2004)
05/06/2004386 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Bureau of Prisons is requested to make whatever accomodations are necessary, consistent with security, to provide Ahmed Abdel Sattar with visitation privileges on Friday or Saturday beginning the week of 5/17/04, which is the first full week of jury selection in this case. The change in the day of visitation privileges is necessary because the Court expects to be in session through Thursday. The Bureau of Prisons is also requested to assure that Mr. Sattar receives regular shower privileges during the course of the trial despite the trial schedule. The Govt is requested to transmit this Order to the appropriate officials at the Bureau of Prisons. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) (Entered: 05/07/2004)
05/06/2004388 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Ramsey Clark dated 5/4/04 re: asking the Court to advise on whether Mr. Schmidt is acceptable to work as co-counsel on behalf of Sheik Omar Abdel Rahman. Judge memo-endorsed: Mr. Schmidt should make his own determination of his ability to accept the representation. The Court has no objections and would authorize the CJA reimbursement. So ordered. (Signed by Judge John G. Koeltl on 5/4/04)(ph, ) (Entered: 05/07/2004)
05/10/2004389 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 4/30/04 before Judge John G. Koeltl. (dg, ) (Entered: 05/10/2004)
05/10/2004392 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The defendants should respond to the Court's May 5, 2004 memo endorsement of the Government's letter with respect to the prospective juror by May 10, 2004 so that the Court can instruct the Jury Clerk to instruct the parties whether the questionnaire should be pulled. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04)(jw, ) (Entered: 05/10/2004)
05/10/2004393 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/6/04, re: a request...the Court is "prepared to extend the date for the submissions to charge, to give the parties time to devote time to these motions." We have conferred w/Ms. Shellow-Lavine who, on behalf of dft Lynne Stewart, joins the Gov't in requesting that the Court extend that date until Friday, May 14, 2004. In keeping w/the prior schedule's allotment of one week for objections, such would be due under the new schedule on 5/21/04. The Gov't has been unable to contact counsel for dfts Sattar or Yousry. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04,)(ja, ) (Entered: 05/10/2004)
05/10/2004394 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the Government's "Omnibus" motion in limine. The defendants should respond to the motion by May 10, 2004; The Government may reply by May 13, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 5/5/04)(jw, ) (Entered: 05/11/2004)
05/10/2004395 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Each parties' time to respond to the motions in limine by the other parties is extended to May 12, 2004. The time to reply is extended to May 15, 2004. The court will hear argument on the motions in limine on Friday, May 21, 2004 at 2:30 p.m. (Signed by Judge John G. Koeltl on 5/6/04)(ph, ) (Entered: 05/11/2004)
05/10/2004 Set/Reset Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Oral Argument set for 5/21/2004 02:30 PM before Judge John G. Koeltl.(ph, ) (Entered: 05/11/2004)
05/10/2004396 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/7/04, re: a request that the Court set a conference so that parties - including Abdel Rahman - can set a realistic schedule for the pretrial resolution of all privilege issues. This, of course, would include litigation over whether a ruling favorable to Abdel Rahman would preclude the Government from introducing the evidence at a trial against third parites. -- Judge memo endorsed: The Court will hold the conference on this issue on May 11, 2004 at 9:30 a.m. before beginning the issues concerning the Questionnaire. Mr. Schmidt and/or Mr. Clark is requested to attend. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04)(ja, ) (Entered: 05/11/2004)
05/10/2004398 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from David A. Ruhnke dated May 5, 2004 re: Request that the Court adhere to its projected 4-day per week schedule during jury-selection as well as during the trial. However, the option of having Friday's open -even during jury-selection - will makes this process less burdensome on counsel in an overall sense by allowing us to schedule court appearances, client conferences and to attend to ongoing matters in other cases. Judge Memo-endorsed...The Court cannot commit to a four day week, but will at least attempt to be out on Friday afternoon. SO ORDERED. (Signed by Judge John G. Koeltl on 5/5/04)(jw, ) (Entered: 05/11/2004)
05/10/2004399 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed Mr. Ruhnke's letter dated 5/5/04. The letter suggests that Mr. Schmidt review "all materials to which a claim of privilege may attach, not just a sub-set of materials that the Govt may seek to utilize." This request underlines the Court's previous request to the parties to develop a schedule for a resolution of possible privilege and completeness issues. The subset of materials that the Govt intends to use at least provides a limited and manageable set of materials as to which a privilege may be asserted and responses asserted. It is unclear to the Court how Mr. Schmidt could review "the universe of materials" without any guidance as to what the parties intend to offer, whether on grounds of completeness or otherwise. It is also unclear why all questions as to the "universe of materials" must be resolved prior to trial, particularly when it is unclear whether "the universe of materials" will even be offered. No one, for example, has explained whether the Govt seeks to offer all or part of the Yousry Notebooks, and what parts, if any, the defts seek to introduce for completeness or otherwise. The same could be said of all or part of the other materials listed. Moreover, it is difficult to see how the parties expect the Court to resolve issues with respect to applications that have not even been filed twelve days before the individual voir dire examinations are to begin. The Court is prepared to provide further direction to Mr. Schmidt, although the parties are welcome to pursue issues directly with Mr. Schmidt as Sheikh Abdel Rahman's co-counsel. However, the Court reiterates its request that the parties provide the Court with a proposed plan and timetable to resolve the issues that plainly call for some thought including the designations of the materials that the Govt seeks to offer that are possibly covered by a privilege, any counter designations for completeness by the defts, and the resolution of any privilege issues with respect to both. The Court is aware that there are certain schedules. But the Court did ask for a master schedule and none has been forthcoming thus far. (Signed by Judge John G. Koeltl on 5/5/04)(bw, ) (Entered: 05/11/2004)
05/10/2004476 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/10/04, re: seek Crt's guidance on which, if any, of the jury questionnaires the Court expects the parties to bring to Court for the conference, i.e. those as to which the parties agree, those as to which there is disagreement, or both... -- Judge memo endorsed: The parties should have a full set of the questionnaires because questions may arise. So Ordered. (Signed by Judge John G. Koeltl on 6/10/04)(ja, ) (Entered: 06/16/2004)
05/11/2004401 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The U.S. Marshals who may have access to the juror questionnaires are directed to preserve that information in a secure place and not to disclose it outside the U.S. Marshal's Service or the Jury Clerk without prior order of the Court. (Signed by Judge John G. Koeltl on 5/3/04); The Clerk's Office Has Sent Copy to U.S. Marshal's Service by inter-office mail. (bw, ) (Entered: 05/12/2004)
05/12/2004402 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Any motion by Sheikh Abdel Rahman to intervene in this case to assert any privilege with respect to any materials currently sought to be introduced at trial, together with any particularized claims of privilege, should be submitted by 5/25/04. Any responses should be submitted by 6/2/04. Any replies should be submitted by 6/7/04. (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/13/2004)
05/12/2004403 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Individual voir dire will commence in this case beginning on 5/19/04 at 9:30 a.m. Argument on the pending motions in limine will be heard on 5/21/04 at 2:00 p.m. The date for trial is adjourned to 6/21/04. Because the adjournment is required to allow time for possible assertion and resolution of any privilege issues presented in the case as well as the pending motions in limine, the Court excludes the time from today until 6/21/04 from Speedy Trial Act calculations. This Order is entered pursuant to 18 U.S.C. Section 3161(h)(8)(A). (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/13/2004)
05/12/2004406 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 5/11/04 re: submitted to follow up on today's court proceedings relating to jury selection. JUDGE ENDORSED - This list is correct and reflects the Court's determinations today as to those jurors the Court is inclined to excuse at the defendants' request. (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/14/2004)
05/12/2004429 MEMORANDUM in Opposition by Ahmed Abdel Sattar re 377 Government's First Omnibus Motion in Limine.(ph, ) (Entered: 05/20/2004)
05/13/2004407  REPLY BRIEF in Support by Non-Party Esmat Salaheddin as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, re: 350 MOTION to Quash. (ja, ) (Entered: 05/14/2004)
05/17/2004411 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court having received no objections by the defendants to the Government's propsed protective order in the Government's letter dated May 12, 2004 relating to the disclosure of atty work product materials to Mr. Schmidt, The Government's motion for a protective order on the terms set forth in the May 12 letter is granted. The defendants may also provide work product materials to Mr. Schmidt on the same terms. SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/04)(jw, ) (Entered: 05/17/2004)
05/17/2004414 Request To Charge by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/18/2004)
05/17/2004415 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed the correspondence dated May 12 concerning jury selection. The Court will shortly provide the parties with a list of the jurors to be called in. The parties are reminded to provide the Court with a list of any questions to be followed up with the first 70 potential jurors by Monday, May 17, 2004. (Signed by Judge John G. Koeltl on 5/12/04)(ph, ) (Entered: 05/18/2004)
05/17/2004416 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 5/12/04 re: writing in connection with the attorney-client privilege review being conducted by Sam Schmidt, Esq., as co-counsel for Sheikh Abdel Rahman. Judge memo-endorsed: This proposal appears reasonable. Defense counsel should respond by 5/13/04 at 11:00 a.m. (Including the offer of a mutual protective order for defense counsel. ) So ordered. (Signed by Judge John G. Koeltl on 5/12/04)(ph, ) (Entered: 05/18/2004)
05/17/2004419  MOTION to Quash subpoena served on Mr. Fried by the prosecution, or in the alternative limiting his trial testimony.Document filed by Non-Party Joseph Fried.(jw, ) (Entered: 05/18/2004)
05/17/2004420 MEMORANDUM in Support by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 419 MOTION to Quash.. (jw, ) (Entered: 05/18/2004)
05/17/2004421 AFFIDAVIT of David A. Schulz in Support of Jospeh Fried's re: 419 MOTION to Quash (jw, ) (Entered: 05/18/2004)
05/17/2004422 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 5/14/04, re: a scheduling matter regarding the Govt's ltr. dtd 5/12/04, which described the Govt's proposed method of reading transcripts to the jury at trial... The Gov't respectfully asks to be permitted to submit one reply to all three dfts' responses, and to submit that reply on 5/21/04. -- Judge memo endorsed: Application granted. Although perhaps this could be resolved at the end of the day on 5/19/04. SO ORDERED. (Signed by Judge John G. Koeltl on 5/14/04,)(ja, ) (Entered: 05/18/2004)
05/17/2004423 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court has attached the current list of juror numbers for individual voir dire. The parties should check their notes and inform the Court if there are any discrepancies no later than 8:00 p.m. today... SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/04)(ja, ) (Entered: 05/18/2004)
05/17/2004426 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 5/14/04 re: submitted to request a one-day extension of time to file its proposed requests to charge, which are due 5/14/04. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 5/14/04)(bw, ) (Entered: 05/19/2004)
05/17/2004430 REPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar re: 377 Government's First Omnibus Motion in Limine.(ph, ) (Entered: 05/20/2004)
05/18/2004425 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court intends to call Juror 305 in on Friday morning out of turn. The Juror has written to Mr. Grate about a potential job offer and so the possibility of the juror being available should be settled sooner rather than later. SO ORDERED. (Signed by Judge John G. Koeltl on 5/17/04)(ja, ) (Entered: 05/19/2004)
05/18/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/18/2004. (ph, ) (Entered: 07/07/2004)
05/19/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/19/2004. (ph, ) (Entered: 07/07/2004)
05/20/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/20/2004. (ph, ) (Entered: 07/07/2004)
05/21/2004434  MOTION filed by Non-Party George Packer as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry to quash subpoena or, in the alternative, to limit testimony. Return Date to be set by the Court. (bw, ) (Entered: 05/25/2004)
05/21/2004435 MEMORANDUM in Support filed by Non-Party George Packer as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 434 MOTION to Quash subpoena or, in the alternative, to limit testimony. (bw, ) (Entered: 05/25/2004)
05/21/2004436 AFFIDAVIT of Attorney David A. Schulz in Support of re: 434 MOTION to Quash filed by non-party George Packer, as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 05/25/2004)
05/21/2004Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/21/2004 (ph, ) (Entered: 07/07/2004)
05/24/2004438 Proposed Individual Voir Dire Questions for Forty Additional Potential Jurors by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/25/2004)
05/24/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/24/2004 (ph, ) (Entered: 07/07/2004)
05/25/2004 Minute Entry for proceedings held before Judge John G. Koeltl:Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/25/2004. (ph, ) (Entered: 07/07/2004)
05/26/2004441 Government's Proposed Individual Voir Dire Questions for potential jurors number 241-283, filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 05/28/2004)
05/26/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/26/2004. (ph, ) (Entered: 07/07/2004)
05/27/2004440 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/11/04 before Judge John G. Koeltl. (dfe, ) (Entered: 05/27/2004)
05/27/2004443 MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 434 MOTION to quash subpoena or, in the alternative, to limit testimony. (ph, ) (Entered: 06/01/2004)
05/27/2004444 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 5/21/04 re: submitted to propose a schedule for the briefing regarding the motions to quash subpoenas issued to Joseph Fried and George Packer. The Govt and David Schulz, counsel for Mr. Fried and Mr. Packer, jointly proposed that the Govt file oppositions to both motions to quash by 5/28/04, and that Mr. Fried and Mr. Packer file replies by 6/7/04. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 5/21/04)(bw, ) (Entered: 06/01/2004)
05/27/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/27/2004. (ph, ) (Entered: 07/07/2004)
06/01/2004448 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The prospective jurors appearing for individual voir dire on Tuesday, June 1, 2004 are numbers 148, 183, 221, 223, 248, 282, 283, 287, 290, 291, 292, 294, 296, 304, 311, 314, 318, 319, 320 and 321. SO ORDERED. (Signed by Judge John G. Koeltl on 5/27/04)(jw, ) (Entered: 06/02/2004)
06/01/2004450 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Barry M. Fallick dated 5/19/04 re: the government has ordered from the court stenographers realtime and daily copy. On behalf of all defendants, we would request the same arrangements. Judge memo-endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/19/04)(ph, ) (Entered: 06/02/2004)
06/01/2004451 Proposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 335-385) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
06/01/2004452 Proposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 287-334) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
06/01/2004453 Proposed Individual Voir Dire Questions For Thirty Additional Potential Jurors (Numbers 386-436) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
06/01/2004454 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 5/28/04, re: a request for an extension of the parties's time to file their objections to the other parties' proposed requests to charge, currently due this Tuesday, June 1, 2004 -- respectfully asks that the parties be permitted to file their objections one week after the last day of voir dire. -- Judge memo endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/28/04)(ja, ) (Entered: 06/03/2004)
06/01/2004457 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Anthony S. Barkow/Robin L. Baker, dated 5/26/04 re: submitted this letter brief to address the Court's concerns, expressed on 5/21/04, regarding the admissibility of evidence of Abdel Rahman's conviction -- both the fact of the conviction and the nature of the underlying charges. JUDGE ENDORSED - This letter is to be filed in the Court file. So Ordered. (Signed by Judge John G. Koeltl on 5/27/04)(bw, ) (Entered: 06/07/2004)
06/01/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/1/2004. (ph, ) (Entered: 07/07/2004)
06/02/2004449 Proposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 437-479), filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 06/02/2004)
06/02/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/2/2004. (ph, ) (Entered: 07/07/2004)
06/03/2004455 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Christopher J. Morvillo dated June 1, 2004 re: Respectfully submits this letter to request a one day extension, until June 3, 2004. Judge Memo-endorsed...Application GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 6/2/04)(jw, ) (Entered: 06/04/2004)
06/03/2004458 PROTECTIVE ORDER REGARDING ACCESS TO INMATE OMAR ABDEL RAHMAN as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. It is hereby ORDERED that the Government shall permit no more than two defense counsel for each defendant to interview Abdel Rahman at a time convenient to both the Bureau of Prisons, the Government, and such defense counsel; It is further ORDERED that nothing in this Protective Order shall be deemed to require Abdel Rahman to submit to or otherwise consent to any such interview; It is further ORDERED that any such access does not extend to any of the defendants in this matter; It is further ORDERED that nothing in this Order shall preclude counsel for the defense from entering into an agreement with the Government, or seeking an order from this Court, excluding certain specified communications with Abdel Rahman from the scope of this Order provided any such request for a Court order, unless otherwise expressly authorized by this Court, shall be made under seal and on notice to the Government trial team or, if necessary to protect defense strategy, to the Government wall team. SO ORDERED. (Signed by Judge John G. Koeltl on 6/2/04)(jw, ) (Entered: 06/07/2004)
06/03/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/3/2004. (ph, ) (Entered: 07/07/2004)
06/04/2004459 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Counsel for Sheikh Abdel Rahman has moved to assert the Sheikh's atty-client privilege over portions of the Prison Recordings, the Yousry Notebooks, and other statements in this case. The motion refers to specific recordings and statements, but it does not provide copies of the transcripts of these recordings and statements. The parties should promptly provide the Court with the relevant transcripts, or they should indicate where the relevant transcripts can be found in any prior submissions to the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 6/3/04)(jw, ) (Entered: 06/07/2004)
06/07/2004460 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt should promptly provide printouts of the redacted Prison Recordings that were submitted to the Court today on CD. (Signed by Judge John G. Koeltl on 6/4/04)(bw, ) (Entered: 06/08/2004)
06/07/2004462 JOINT REPLY MEMORANDUM OF LAW in Support as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, re: 434 MOTION to Quash, and 419 MOTION to Quash by Non-Parties Joseph Fried and George Packer. (ja, ) (Entered: 06/09/2004)
06/09/2004468 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Sam A. Schmidt, Atty, dated 6/7/04, re: a request to allow us to file the reply to the govt's papers on Wednesday, June 9, 2004. As your Honor is aware, we did not receive the govt's papers until after the COB on 6/3/04. APPLICATION GRANTED. SO ORDERED. Reply due by 6/9/2004. (Signed by Judge John G. Koeltl on 6/7/04)(ja, ) (Entered: 06/14/2004)
06/09/2004469 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will hear argument on the motions to quash subpoenas directed to Messrs. Salaheddin, Packer and Fried on 6/18/2004 10:00 a.m. in Courtroom 110, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Judge John G. Koeltl on 6/8/04)(ja, ) (Entered: 06/14/2004)
06/09/2004470 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Juror 402 has reported to Mr. Grate that she will only be paid for ten days and has asked to be excused. The Court is prepared to find that this is hardship and to excuse the juror. The parties should inform the Court by 3:00 p.m. today if there is any objection. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/04)(ja, ) (Entered: 06/14/2004)
06/09/2004471 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. It is hereby ordered that the jurors empaneled and sworn in this action, plus one(1) Deputy States Marshal, be provided daily throughout the trial with the appropriate meals as follows: 9:00 a.m. Coffee, 12:45 p.m Lunch, and 3:15 p.m. Coffee. Trial in this matter is scheduled for Monday, June 21, 2004. The jurors are expected to be selected, sworn and empaneled at that time. Trial schedule will be Mondays through Thursdays, 9:30 a.m. to 4:30 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 5/31/04)(ja, ) (Entered: 06/14/2004)
06/10/2004472 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The parties are directed to advise the Court by 5:00 p.m. on 6/10/04 where they are attempting to arrive at a resolution of the issue of judicial notice and appropriate instructions w/respect to the conviction of Sheikh Abdel Rahman. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/04)(ja, ) (Entered: 06/14/2004)
06/14/2004473 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt's First Omnibus Motion in Limine seeks rulings from the Court in advance of opening statements that the following evidence is admissible: 1) evidence relating to and describing the 11/17/97 attack at the Hatshepsut Temple in Luzor, Egypt; 2) evidence demonstrating that Refa'i Ahmed Taha was a signatory, along w/Usama Bin Laden, to a fatwah issued in 2/98 that called on Muslims "to kill Americans and plunder their wealth wherever and whenever they find it"; 3) evidence demonstrating that Taha participated in a meeting, which was broadcast on the Al-Jazeera television... The Govt's application to introduce evidence that was originally admitted at trial of Sheikh Abdel Rahman is discussed in connection w/Stewart's motion in limine. The remaining applications in the Govt's First Omibus Motion is Limine are either premature or moot. Conclusion: The Govt's First Omnibus Motion in Limine is decided as explained above. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(ja, ) (Entered: 06/15/2004)
06/14/2004474 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Michael E. Tigar dated June 9, 2004 re: This letter concerns the following government proposals: (1)to insert its characterizations as bracketed material into government exhibit transcripts, (2) to italicize certain portions of the transcripts and (3) to put other information into the transcripts that does not appear in the original recordings. We believe that the Court's attention to these matters at this time will materially aid the parties and facilitate the orderly presentation of evidence. Judge Memo-endorsed.. The Government's June 8, 2004 letter seeks to have a dialogue on this issues. The parties should attempt to resold them promptly before bringing them to the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(jw, ) (Entered: 06/15/2004)
06/14/2004475 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the Government letter dated June 10, 2004. In that letter, the Government explains that while the Government has only sought to offer redacted portions of the Yousry Notebooks, "counsel for Yousry has stated their intention to offer into evidence all of the Yousry Notebooks." The Government then respectfully asks the Court to rule on all of the Yousry Notebooks." The request is inexplicable and is denied. Further, if a privilege were asserted, Yousry would be able to rely on his assertions of the importance of such Notebooks to his right to a fair trial. In any event, the application would be made by a person with the interest in making it and presumably on more of a record than a two page letter that simply asks the Court to go ahead and rule on numerous pages of documents without briefing or explanation or even a reasoned explanation of what the alleged privilege or privileges are that are being asserted with respect to the redacted portions of the Yousry Notebooks. All parties should carefully stop and consider before making casual applications to the Court that have no merit. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(jw, ) (Entered: 06/15/2004)
06/14/2004478 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. For the reasons stated on the record on 5/21/04, the Govt's Second Omnibus Motion in Limine is denied without prejudice as premature. (Signed by Judge John G. Koeltl on 6/11/04)(bw, ) (Entered: 06/17/2004)
06/14/2004479 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. 1. Juror 236 has informed Mr. Grate that the juror will not be paid beyond three weeks and that service would therefore be a financial hardship. The Court will strike the juror for cause unless the Court hears an objection from one of the parties by noon tomorrow, June 9. 2. Mr. Grate has contacted Juror 402, and the juror will report back on her situation tomorrow. 3. By memo endorsements the Court has rejected the Govt's challenge for cause to Juror 319 and has directed Mr. Grate not to pursue further Juror 180 who remains in the prospective Jury Pool. 4. The only question with respect to any of the jurors who participated in the individual voir dire is Juror 402, as explained above. (Signed by Judge John G. Koeltl on 6/8/04)(bw, ) (Entered: 06/17/2004)
06/14/2004480 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 6/10/04 re: submitted to ask that the parties be permitted to file their objections on 6/17/04 to the other parties' proposed requests to charge. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 6/10/04)(bw, ) (Entered: 06/17/2004)
06/14/2004481 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Sam A. Schmidt, dated 5/10/04 re: submitted to inform the Judge that while he continues to prepare for a submission on behalf of Sheikh Rahman relating to his exercise of his attorney/client privilege, he agrees with the govt that it would be useful for all of the parties to appear at one time to address the issues relating to this matter. JUDGE ENDORSED - The Conference is scheduled for 5/11/04 at 9:30 a.m.(Signed by Judge John G. Koeltl on 5/10/04)(bw, ) (Entered: 06/17/2004)
06/14/2004484 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Robin L. Baker dated June 4, 2004 re: The Government respectfully submits this letter regarding Potential Juror Number 180 and whether the Court should ask Mr. Grate to seek from that Juror any additional informtion about whether service on the jury in this case would pose a severe economic hardship for her. Judge Memo-endorsed...Because the juror's primary job will pay for jury service and in view of this responses or the individual voir dire and because their are no objections filed, Juror 180 remains a prospective juror and Mr. Grate advises has been asked to call back on June 18. SO ORDERED.. (Signed by Judge John G. Koeltl on 6/8/04)(jw, ) (Entered: 06/18/2004)
06/16/2004485 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received an application from Posr A. Posr, pro se, seeking to videotape the trial and other proceedings in this case. Whether to grant such a request is left to the Court's discretion pursuant to Local Rule 1.8, which provides that no one other than court officials engaged in the conduct of court business shall bring any camera, transmitter, receiver, portable telephone or recording device into any courthouse or its environs without permission of a judge of that court." The Court declines to exercise its discretion to permit Mr. Posr to videotape this criminal case, and the application is therefore denied. SO ORDERED. (Signed by Judge John G. Koeltl on 6/14/04)(jw, ) (Entered: 06/18/2004)
06/17/2004482 GOVERNMENT'S MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar of Motion for Anonymous Jury and other related protective measures. (jw, ) (Entered: 06/17/2004)
06/17/2004483 AFFIRMATION of Christopher J. Morvillo by USA as to Ahmed Abdel Sattar. (jw, ) (Entered: 06/17/2004)
06/18/2004486 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 6/17/04, re: a request that the parties be permitted to file their objections on Monday, June 21, 2004... -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/04)(ja, ) (Entered: 06/21/2004)
06/18/2004487 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re: 350 MOTION to Quash. addressed to Judge Koeltl, from Laura Handman, on behalf of journalist Patricia Hurtado and Newsday (collectively, "movants"), dated 6/14/04, re: motion to quash the third-party trial subpoena served on Ms. Hurtado. -- Judge memo endorsed: Set/Reset Motion: Responses due by 6/21/2004 Replies due by 6/24/2004. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/04,)(ja, ) (Entered: 06/22/2004)
06/21/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/21/2004. (ph, ) (Entered: 07/07/2004)
06/22/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/22/2004. (ph, ) (Entered: 07/07/2004)
06/23/2004493 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Marshals shall not talk to the jurors about the substance or details of the case, including scheduling. SO ORDERED. (Signed by Judge John G. Koeltl on 6/21/04)(jw, ) (Entered: 06/24/2004)
06/23/2004494 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 6/18/04 re: submitted regarding the pending motion to quash the subpoena served on Ms. Patricia Hurtado. The Govt, with agreement of Stephanie A. Arbutyn, counsel for Ms. Hurtado, request that the Court adjourn the briefing schedule regarding the Hurtado subpoena. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 6/18/04)(bw, ) (Entered: 06/25/2004)
06/23/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/23/2004. (ph, ) (Entered: 07/07/2004)
06/24/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/24/2004. (ph, ) (Entered: 07/07/2004)
06/28/2004498  MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in support of its motion in limine relating to certain recorded telephone calls that the Govt plans to introduce into evidence at trial. (bw, ) (Entered: 06/28/2004)
06/29/2004503 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Judge Michael E. Tigar dated 6/25/04 re: eyewitness in the case. Judge memo-endorsed: Application denied. The government has provided the name of the witness together with detailed interview minutes of the witness and has offered to contact the witness to see is this witness wishes to meet with the defense. This is sufficient. There is no showing that the provision of the home address and telephone number is material to the preparation of the defense and reasonable under the circumstances. See United States v. Bejasa, 904V.2 137, 139-40 (2d Cir. 1990); United States v. Canone, 528F.2d 2 96, 301-02 (2d Cir. 1975). So ordered. . (Signed by Judge John G. Koeltl on 6/26/04)(ph, ) (Entered: 07/01/2004)
06/29/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/29/2004. (ph, ) (Entered: 07/07/2004)
06/30/2004 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/30/2004. (ph, ) (Entered: 07/07/2004)
07/06/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/6/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/07/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/7/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/08/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/8/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/12/2004509 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. A 15% gratuity is hereby authorized for all jury meals in this matter. SO ORDERED. (Signed by Judge John G. Koeltl on 7/8/04)(jw, ) (Entered: 07/13/2004)
07/12/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/12/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/13/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/13/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/14/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/14/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/15/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/15/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/19/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/19/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/20/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/20/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/21/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/21/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/22/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/22/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/23/2004518 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Former Judge Kenneth Conboy advised the Crt that he would be attending Crt on Monday w/two French lawyers from his firm, if the Crt had no objections. The Crt advised Judge Conboy that, while the Crt had no objections, the parties would be advised to determine if there were any objections. If there are any objections, any of the parties should advise the Crt. SO ORDERED. (Signed by Judge John G. Koeltl on 7/22/04)(ja, ) (Entered: 07/26/2004)
07/26/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 7/26/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
07/27/2004520 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 7/23/04 re: requesting that the Court expressly authorize the dissemination of all "Redacted Content" contained in the "Prison Recordings" to the Government Trial Team for use in connection with this prosecution. Judge memo-endorsed: Application granted. So ordered. (Signed by Judge John G. Koeltl on 7/23/04)(ph, ) (Entered: 07/27/2004)
07/28/2004523 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 7/27/04 re: submitted regarding Mr. Fallick's letter dated 7/27/04 on the subject of Govt Exhibits 2048 and 2080. The Govt requests that the Court permit the Govt to reply to Mr. Fallick's letter by the end of this week. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 7/27/04)(bw, ) (Entered: 07/30/2004)
08/02/2004531 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorney Barry M. Fallick, dated 7/30/04 re: submitted to request until 8/4/04 to submit defense reply to Govt's 17 page reply on the subject of Govt's Exhibits 2048 and 2080. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 7/30/04)(bw, ) (Entered: 08/05/2004)
08/05/2004532 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. With the same comments that the Court made with respect to the last adjournment and in view of the representations in the Govt's 8/3/04 letter, the Court will grant the Govt's request, with the consent of all the defts, for a one-week adjournment of the resumption of the trial. The Court will ask the Jury Administration to inform the jury that the trial will resume on Monday, August 16, and to remind the jurors again on Friday, August 13 of the resumption of the trial on the following Monday. The Court will hold a status conference on Friday, 8/13/04 at 10:00 a.m. in Courtroom 110, 40 Foley Square, to assure that there are no issues that should be disposed of before the case resumes before the jury at 9:30 a.m. on 8/16/04. (Signed by Judge John G. Koeltl on 8/4/04)(bw, ) (Entered: 08/06/2004)
08/05/2004534 PROTECTIVE ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. WHEREAS deft Lynne Stewart has requested that the Govt disclose "the algorithms or programs to decompress or reinflate the [audio] files" recorded by the Lockheed Martin system (Ltr. to Govt from Jill R. Shellow-Lavine, Esq., dated 7/19/04); WHEREAS the Govt agreed to disclose the decompression algorithm to Stewart upon entry of a protective order containing the provisions set forth below (Ltr. from AUSA Robin L. Baker to Michael E. Tigar, Esq., dated 8/3/04, Paragraph 12); and WHEREAS Stewart "agree[s] to the govt's request for a Protective Order as set forth in Ms. Baker's letter at Paragraph 12" (Ltr. to Court from Jill R. Shellow-Lavine, Esq., dated 8/3/04. Upon the application of the U.S. Attorney for the S.D.N.Y., by and through A.U.S.A. Robin L. Baker, and upon the consent of counsel for Stewart, IT IS HEREBY ORDERED that Stewart, her counsel, and any other individuals listed below shall not use the decompression algorithm for any purpose other than preparing her defense in this case; IT IS FURTHER ORDERED that the decompression algorithm shall not be further disseminated by Stewart or her counsel to any individuals, organizations, or other entities, other than: (1) members of her defense team (co-counsel, paralegals, investigators, and secretarial staff); and (2) experts retained to assist in the preparation of the defense; IT IS FURTHER ORDERED that each individual to whom disclosure is made pursuant to the above provision shall be provided a copy of the protective order and shall be advised that he or she shall not further disseminate the decompression algorithm; IT IS FURTHER ORDERED that Stewart's attorneys of record may show (but not provide copies of) the decompression algorithm to witnesses or potential witnesses, if an attorney of record determines that it is necessary to do so for the purpose of preparing the defense of the case; and IT IS FURTHER ORDERED that the decompression algorithm shall not be introduced into evidence at trial without ten days' advance notice to the Govt. (Signed by Judge John G. Koeltl on 8/3/04)(bw, ) (Entered: 08/10/2004)
08/06/2004536 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorney Kenneth A. Paul, dated 8/5/04 re: submitted regarding Govt's renewed application to have the "second witness" testify at trial concerning what "he saw and heard on 11/17/97 in Luxor, Egypt" and permission to introduce into evidence through this witness a "leaflet/flier" alleged to have been recovered from the scene of the attack at the Hatshepsut Temple, Mr. Paul requests that defense have until 8/11/04 to file their response to the Court. JUDGE ENDORSED - Application Granted. Reply, if any, due 8/12/04. (Signed by Judge John G. Koeltl on 8/5/04)(bw, ) (Entered: 08/10/2004)
08/10/2004537 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The dfts should provide any response to the Government's 8/2/04 letter concerning the admissibility of Government Exhibit 513 by 8/11/04. SO ORDERED. (Signed by Judge John G. Koeltl on 8/9/04)(ja, ) (Entered: 08/11/2004)
08/11/2004538 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from David A. Schulz dated August 9, 2004 re: Request that Mr. Salaheddin be given until Thursday, August 12, 2004, to file a reply if we indeed decide to do so. Judge Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/10/04)(jw, ) (Entered: 08/11/2004)
08/11/2004540 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for the dft, dated 8/6/04, re: we have rec'd AUSA Anthony S. Barkow's ltr to the Crt dtd 8/5/04, regarding the subpoena issued to Esmat Salahedin. We respectfully request that we be given until Wednesday, August 11, 2004, to file a reply if we indeed decide to do so. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/6/04)(ja, ) (Entered: 08/12/2004)
08/16/2004543 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Government may file its letter dated August 12, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 8/13/04)(jw, ) (Entered: 08/16/2004)
08/16/2004544 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court is filing under seal eight boxes of jury questionnaires, three boxes of material concerning the privilege review, and two boxes of material concerning the special master. SO ORDERED. (Signed by Judge John G. Koeltl on 8/12/04)(jw, ) (Entered: 08/16/2004)
08/16/2004547 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Robin L. Baker/Anthony S. Barkow/Michael Farbiarz, dated 8/4/04 re: submitted regarding the portion of the Court's 6/11/04 Order ("Order") that concerns the Govt's "second witness" to the Luxor incident. JUDGE ENDORSED - This letter shall be docketed. (Signed by Judge John G. Koeltl on 8/13/04)(bw, ) (Entered: 08/18/2004)
08/16/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/16/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/17/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/17/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/18/2004551 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from David A. Ruhnke, Atty for the dft, dated 8/14/04, re: a request seeking permission to bring a tape-recorder/player into the Crthse for use by the defense in reviewing tapes of intercepted conversations... Obviously, the recording feature of the device would not be utilized in the crtrm. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/15/04)(ja, ) (Entered: 08/23/2004)
08/18/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/18/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/19/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/19/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/20/2004553 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will deliver to the Court Security Officer for filing the following material in connection with the Court's review for Jencks Act purposes: 1. The Government's Letter dated August 17, 2004 with its attached documents which are all classified. 2. The unredacted and classified version of the May 4, 2004 Memo by Agent Kerns with its attachment, together with the other materials referred to in the Government's August 18, 2004 letter. SO ORDERED. (Signed by Judge John G. Koeltl on 8/19/04)(jw, ) (Entered: 08/23/2004)
08/20/2004554 ORDER as to (S1-02-Cr-395-) Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Nonparty Esmat Salaheddin moves to quash a trial subpoena served on him by the Govt or, in the alternative, for an order limiting the testimony, specifically on cross examination, that he may be required to give in this case. Salaheddin is a professional journalist based in Cairo, Egypt, where he has been employed by Reuters for the past eighteen years. Salaheddin moves to quash the nonparty subpoena on the basis of the reporter's qualified privilege for nonconfidential information. The Govt opposes Salaheddin's motion to quash, although the Govt joins Salaheddin's request to limit the scope of cross examination by the defts. Deft Stewart initially opposed the motion to quash but joined the motion at the argument of the motion.... CONCLUSION: For the reasons explained above, Salaheddin's motion to quash the trial subpoena served on him by the Govt is denied. (Signed by Judge John G. Koeltl on 8/19/04)(bw, ) (Entered: 08/24/2004)
08/23/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/23/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/24/2004561 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 8/20/04 re: submitted to request a one-day extension within which the Govt may file a submission regarding deft Stewart's various pending document requests. JUDGE ENDORSED - Application granted. Government submission on 8/21/04. Defense submission extended to 8/23/04. (Signed by Judge John G. Koeltl on 8/20/04)(bw, ) (Entered: 08/31/2004)
08/24/2004562 ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Michael E. Tigar, by Daniel W. Habib, dated 8/22/04 re: submitted to advise the Judge that in order to be efficient and respond to the govt's 8/12/04 letter, and any further production or response in one filing, Mr. Habib requests that they be given until 48 hours after the govt's planned response to reply to these matters. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 8/22/04)(bw, ) (Entered: 08/31/2004)
08/24/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/24/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/25/2004556 ENDORSED LETTER as to Ahmed Abdel Sattar, addressed to Judge Koeltl, from Barry M. Fallick, Atty for the dft, dated 8/24/04, re: the trial schedule for the Jewish Holidays...request that our trial day on September 15th end at 3:00 p.m. or, in the alternative, we work through lunch and conclude at 2:00 p.m..-- Judge memo endorsed: Application granted. We will, depending on the schedule break at about 1:30 p.m. on 9/15/04. SO ORDERED.(ja, ) (Entered: 08/26/2004)
08/25/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/25/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/26/2004566 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from David Stern, Atty, dated 8/24/04, re: we seek approval from the Crt to add Jose A. Fanjul to the list of individuals permitted to bring a cell phone and other communication devices w/him into the crthse in connection w/this case. Mr. Fanjul is serving, pursuant to Your Honor's prior approval, as a paralegal for Mr. Yousry. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/25/04)(ja, ) (Entered: 09/02/2004)
08/26/2004567 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Michael E. Tigar, Atty, dated 8/25/04, re: Ms. Baker's ltr of 8/24/04, and the ongoing production discussed in that and earlier ltrs, we respectfully propose that we be permitted to file a single response, addressing all the pending issues related to the "various requests for disclosure," and that we file that response 48 hours after the gov't states that it has completed its production to us and to the Crt... -- Judge memo endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/25/04,)(ja, ) (Entered: 09/02/2004)
08/26/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/26/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/30/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/30/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
08/31/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 8/31/2004. Trial continued. (bw, ) (Entered: 09/08/2004)
09/01/2004 Minute Entry for proceedings held before Judge John G. Koeltl:Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/1/2004. (ph, ) (Entered: 12/13/2004)
09/02/2004 Minute Entry for proceedings held before Judge John G. Koeltl:Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/2/2004. (ph, ) (Entered: 12/13/2004)
09/07/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/7/2004. (ph, ) (Entered: 12/13/2004)
09/08/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/8/2004. (ph, ) (Entered: 12/13/2004)
09/09/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/9/2004. (ph, ) (Entered: 12/13/2004)
09/13/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/13/2004. (ph, ) (Entered: 12/13/2004)
09/14/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/14/2004. (ph, ) (Entered: 12/13/2004)
09/15/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/15/2004. (ph, ) (Entered: 12/13/2004)
09/20/2004615 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow dated 9/9/04 re: respectfully requesting that the Court permit Ms. Elizabeth Griffin, one of the two primary paralegals on the Government trial team, to read Ms. Stewart's attributions when the Government presents evidence of the July 2001 prison visit. Judge memo-endorsed: Application granted. So ordered. (Signed by Judge John G. Koeltl on 9/10/04)(ph, ) (Entered: 10/15/2004)
09/20/2004 Minute Entry for proceedings held before Judge John G. Koeltl:Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/20/2004. (ph, ) (Entered: 12/13/2004)
09/21/2004596 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from David A. Ruhnke, dated 9/16/04, re: on behal of Mr. Stern and myself, request that proceedings in this case be suspended on November 4, in order to allow for travel to Salt Lake City to attend an annual trng and strategy session, presented by the Defender Svcs Div... The conference commences on Friday a.m., November 5, in Salt Lake City... -- Judge memo endorsed: The Crt will attempt to accommodate counsel. Perhaps it would be possible, depending on the status of the case to set a half day on November 4. SO ORDERED. (Signed by Judge John G. Koeltl on 9/16/04)(ja, ) (Entered: 09/23/2004)
09/21/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/21/2004. (ph, ) (Entered: 12/13/2004)
09/22/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/22/2004. (ph, ) (Entered: 12/13/2004)
09/23/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/23/2004. (ph, ) (Entered: 12/13/2004)
09/28/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/28/2004. (ph, ) (Entered: 12/13/2004)
09/29/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/29/2004. (ph, ) (Entered: 12/13/2004)
09/30/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/30/2004. (ph, ) (Entered: 12/13/2004)
10/04/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/4/2004. (ph, ) (Entered: 12/13/2004)
10/05/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/5/2004. (ph, ) (Entered: 12/13/2004)
10/06/2004616 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Michael E. Tigar dated 10/5/04 re: Respect to the Fitzgerald Jencks issue that was discussed on the record yesterday. At the time I wrote my letter to the Court, responding to Mr. Morvillo's October 1, 2004 letter, and at the time I made my remarks to the Court, responding to Mr. Morvillo's October. Judge Memo-endorsed..This letter can be docketed. The application is denied in open court on 10/5/04. SO ORDERED. (Signed by Judge John G. Koeltl on 10/5/04)(jw, ) (Entered: 10/15/2004)
10/06/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/6/2004. (ph, ) (Entered: 12/13/2004)
10/07/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/7/2004. (ph, ) (Entered: 12/13/2004)
10/25/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/25/2004. (ph, ) (Entered: 12/13/2004)
10/26/2004631 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The parties should promplty fax or deliver a copy of GX2009A to chambers this evening.SO ORDEREDKoeltl, USDJ. (Signed by Judge John G. Koeltl on 10/25/04)(pr, ) (Entered: 10/27/2004)
10/26/2004637 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Based on the most recent submissions of the parties, if Ms. Stewart's opening is read to the jury, then the following portions of the Govt's opening should in fairness be read by someone at about the same time as Ms. Stewart's opening: p.1581, 1. 13-19; p. 1582, 1. 6 - 1584, 1. 5; p. 1587, 1. 4 - 1588, 1. 6; p. 1591, 1. 7 - 1594, 1. 4; p. 1595, 1. 5 - 1595, 1. 24 (to and including assassination plan); p. 1596, 1. 1 - 1598, 1. 15 (to "Jihad Army"); p. 1601, 1. 6 - 1603, 1. 15; p. 1603, 1. 24 - 1610, 1. 21; p. 1612, 1. 5 - 1613, 1. 1. (Signed by Judge John G. Koeltl on 10/25/04)(bw, ) (Entered: 11/01/2004)
10/26/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/26/2004. (ph, ) (Entered: 12/13/2004)
10/27/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/27/2004. (ph, ) (Entered: 12/13/2004)
10/28/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/28/2004. (ph, ) (Entered: 12/13/2004)
11/03/2004 Minute Entry for proceedings held before Judge John G. Koeltl:Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/3/2004. (ph, ) (Entered: 12/13/2004)
11/04/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/4/2004. (ph, ) (Entered: 12/13/2004)
11/08/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/8/2004. (ph, ) (Entered: 12/13/2004)
11/09/2004 Minute Entry for proceedings held before Judge John G. Koeltl:Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/9/2004. (ph, ) (Entered: 12/13/2004)
11/10/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/10/2004. (ph, ) (Entered: 12/13/2004)
11/15/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/15/2004. (ph, ) (Entered: 12/13/2004)
11/16/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/16/2004. (ph, ) (Entered: 12/13/2004)
11/17/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/17/2004. (ph, ) (Entered: 12/13/2004)
11/18/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/18/2004. (ph, ) (Entered: 12/13/2004)
11/22/2004653  MOTION for use of special verdict form, supplemental requests to charge, supplemental opposition to defendant Stewart's requests to charge. Document filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (kw, ) (Entered: 11/30/2004)
11/22/2004663  Proposed Verdict Form by USA as to Ahmed Abdel Sattar, Lynne Stewart. (kw, ) (Entered: 12/01/2004)
11/22/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/22/2004. (ph, ) (Entered: 12/13/2004)
11/23/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/23/2004. (ph, ) (Entered: 12/13/2004)
11/24/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/24/2004. (ph, ) (Entered: 12/13/2004)
11/29/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/29/2004. (ph, ) (Entered: 12/13/2004)
12/01/2004672 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Ramsey Clark, Atty, dated 11/24/04, re: I was served w/a subpoena to appear again on 11/22 by 2 FBI agents.. Please advise whether I am free to travel to Tanzania from December 10 to December 22, or whether I must plan to return for December 16, 20 or 21. -- Judge memo endorsed: Because of the problem with the Court's fax machine, the Court received this letter today, 11/30/04. The Gov't should respond by 12/1/04 whether it is necessary to keep the subpoena outstanding and whether 12/16 is an available date. So Ordered. (Signed by Judge John G. Koeltl on 11/30/04)(ja, ) (Entered: 12/09/2004)
12/03/2004669 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Robin L. Baker dated 12/2/04 re: The Government respectfully requests a one-day extension, from today until tomorrow, of it time to reply to the defendant's submissions, made yesterday, opposing the Government's motion for a special verdict form. Judge Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/2/04)(jw, ) (Entered: 12/08/2004)
12/06/2004670  REPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 653 MOTION. (kw, ) (Entered: 12/08/2004)
12/06/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/6/2004 (ja, ) (Entered: 02/18/2005)
12/07/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/7/2004 (ja, ) (Entered: 02/18/2005)
12/08/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/8/2004 (ja, ) (Entered: 02/18/2005)
12/09/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/9/2004, as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Jury Trial set for 12/13/2004 before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
12/13/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/13/2004 (ja, ) (Entered: 02/18/2005)
12/14/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/14/2004 (ja, ) (Entered: 02/18/2005)
12/15/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Selection as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/15/2004 (ja, ) (Entered: 02/18/2005)
12/16/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/16/2004, as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Jury Trial continued to 12/29/2004 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
12/23/2004685 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. For the reasons set forth in this Order, the Court declines to submit questions to the jury with respect to sentencing enhancements. (Signed by Judge John G. Koeltl on 12/20/04)(bw, ) (Entered: 12/27/2004)
12/27/2004686 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge John G. Koeltl from Daniel W. Habib dated 12/27/04 re: requesting until 12/28/04 by 5:00 p.m. to respond to Government's request that paragraph 1-27 of the Superseding Indictment be read to the jury. Any responses should be provided by 12/28/04 at 10:00 a.m. so that the Court can cnsider them and determine whether any conference with the parties on 12/28/04 is necessary. (Signed by Judge John G. Koeltl on 12/27/04)(kw, ) (Entered: 12/29/2004)
12/29/2004687 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has prepared a draft of the Charge, dated 12/28/04, together with a draft of the Verdict Form, dated 12/28/04. Copies are available for the parties to pick up in Chambers after 2 p.m., and the Court will provide copies in Court on 12/29/04 for any parties who wish. In preparing this draft, the Court included all of the changes that the Court indicated at the Charge Conference that the Court would make, together with the revised instruction proposed by defts Yousry and Stewart on the defense theory with respect to Counts Four and Five. The parties are welcome to review the draft with care to check the changes. In addition, the Court made the following changes: [See document]... If any of the parties wishes to be heard on any of these issues, they should advise the Court promptly so that the Court can schedule a conference late this afternoon. In any event, the parties should be in Court by 9:00 a.m. on 12/29/04. (Signed by Judge John G. Koeltl on 12/28/04)(bw, ) (Entered: 12/29/2004)
12/29/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/29/2004 (ja, ) (Entered: 02/18/2005)
12/30/2004 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 12/30/2004, as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Jury Trial continued on 1/3/2005 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
01/03/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/3/2005 (ja, ) (Entered: 02/18/2005)
01/04/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/4/2005 (ja, ) (Entered: 02/18/2005)
01/05/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/5/2005 (ja, ) (Entered: 02/18/2005)
01/06/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/6/2005, as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Jury Trial continued on 1/10/2005 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
01/10/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/10/2005 (ja, ) (Entered: 02/18/2005)
01/11/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/11/2005 (ja, ) (Entered: 02/18/2005)
01/12/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/12/2005 (ja, ) (Entered: 02/18/2005)
01/13/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/13/2005, as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Jury Trial continued on 1/18/2005 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
01/18/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/18/2005 (ja, ) (Entered: 02/18/2005)
01/19/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/19/2005 (ja, ) (Entered: 02/18/2005)
01/20/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/20/2005, as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Jury Trial continued to 1/25/2005 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
01/25/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/25/2005 (ja, ) (Entered: 02/18/2005)
01/26/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/26/2005 (ja, ) (Entered: 02/18/2005)
01/27/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/27/2005, as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Jury Trial set for 1/31/2005 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
01/28/2005702 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The van driver who drove the jury van yesterday, January 25, 2005, that was at issue today, January 26, 2005, is not to drive any further vans in this case. (Signed by Judge John G. Koeltl on 1/26/05)(bw, ) (Entered: 01/31/2005)
01/28/2005707 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Michael E. Tigar dated 1/27/05 re: submitted to move for reconsideration of the Court's refusal to permit defense to call the van driver as a witness, and for production of documents and other materials as discussed in this letter. JUDGE ENDORSED - This letter can be docketed. (Signed by Judge John G. Koeltl on 1/27/05)(bw, ) (Entered: 02/03/2005)
01/28/2005708 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker dated 1/26/05 re: submitted regarding the jury's note today, marked as Court Exhibit 76. JUDGE ENDORSED - This letter can be docketed. (Signed by Judge John G. Koeltl on 1/27/05)(bw, ) (Entered: 02/03/2005)
01/31/2005709 NOTICE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The members of the media have the opportunity to sit in the first row of the Courtroom. None of the members of the media, however, should lean over the rail into the well of the Courtroom. (Signed by Judge John G. Koeltl on 1/31/05)(bw, ) (Entered: 02/03/2005)
01/31/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 1/31/2005 (ja, ) (Entered: 02/18/2005)
02/01/2005705 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Attached isthe court's proposed response tonotes from the jurors dtd. 1/27/05. (Signed by Judge John G. Koeltl on 1/28/05)(pr, ) (Entered: 02/03/2005)
02/01/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 2/1/2005 (ja, ) (Entered: 02/18/2005)
02/02/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 2/2/2005, as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Jury Trial continued to 2/7/2005 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
02/07/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 2/7/2005 (ja, ) (Entered: 02/18/2005)
02/08/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 2/8/2005 (ja, ) (Entered: 02/18/2005)
02/09/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 2/9/2005 (ja, ) (Entered: 02/18/2005)
02/10/2005723  Verdict Form as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. [Note: returned document back to Chambers on 2/18/05] (bw, ) (Entered: 02/18/2005)
02/10/2005 Minute Entry for proceedings held before Judge John G. Koeltl :Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 2/10/2005. Jury returns verdict of Guilty to dfts Sattar, Stewart and Yousry as follows: Sattar, Guilty to counts 1, 2, and 3 of S1; Stewart, Guilty on counts 1, 4, 5, 6 and 7 of S1; and Yousry, Guilty on counts 1, 4, and 5 of S1. Sentence date set for 7/15/05 at 9:30 a.m. Dft Sattar cont'd detained. Bail restricted on dft Stewart to SDNY/ENDY/NDNY. Bail cont'd for dft Yoursy. (ja, ) (Entered: 02/18/2005)
02/10/2005 JURY VERDICT as to Ahmed Abdel Sattar (1) Guilty on Counts 1s, 2s, 3s and Lynne Stewart (3) Guilty on Counts 1s, 4s, 5s, 6s-7s and Mohammed Yousry (4) Guilty on Counts 1s, 4s, 5s. (ja, ) (Entered: 02/18/2005)
02/10/2005 Minute Entry for proceedings held before Judge John G. Koeltl : as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, Sentencing set for 7/15/2005 09:30 AM before Judge John G. Koeltl. (ja, ) (Entered: 02/18/2005)
02/14/2005719 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. As stated on the record on February 10, 2005, the time for the defendants to make any post-verdict motions, including motions pursuant to Fed.R.Crim.P. 29, 33, and 34 as well as to present any papers in support of the pending Rule 29, motions, is extended unitl March 3, 2005. The Government's response is due by March 24, 2005. The defendant's replies are due by April 4, 2005. Sentencing is scheduled for July 15, 2005 at 9:30am. (Signed by Judge John G. Koeltl on 2/11/05)(jw, ) (Entered: 02/16/2005)
02/14/2005 Minute Entry for proceedings held before Judge John G. Koeltl : as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry; Sentencing set for 7/15/2005 09:30 AM before Judge John G. Koeltl. (jw, ) (Entered: 02/16/2005)
02/18/2005725 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Jill R. Shellow-Lavine dated 2/15/05 re: Modification of the post trial motion schedule. 4/4/05 Defense post conviction motions due. 5/13/05 Govt response due. 6/3/05 Defense reply due.Application granted. Counsel should assume thst the court has juridiction & grants the extension to the extent the court has the power & extend the time, the court extends the time as requested.SO ORDERED. (Signed by Judge John G. Koeltl on 2/15/05)(pr, ) (Entered: 03/03/2005)
02/18/2005 Set/Reset Deadlines as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Defense post conviction motions due by 4/4/2005, Govt. response due 5/13/05, Defense reply due 6/3/05.(pr, ) (Entered: 03/03/2005)
03/18/2005730 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 01/10,11,12,13,14,18,19/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005731 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 01/27,31,02/1,2,3,7,2005 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005732 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 05/19,20,21,24/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005733 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 05/25,26,27,06/1/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005734 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 06/22,23,24,25,28,29,30,2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005735 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 07/6,7,8,12,13,2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005736 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 07/14,15,19,20,21,22,26/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005737 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 10/12,25,26,27,28/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005738 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 11/15,16,17,18,19,22,23,24/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005739 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 11/23,24,29,30,12/1,2,6,7,8,9/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005740 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 12/13,14,15,26/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005741 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 12/30/2004 01/3,4,5,6/2005 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005742 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 06/2,3,18,21/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005743 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 08/13,16,17,18,19,20,23,24,25,26,30,31/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005744 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 09/2,3,7,8,9,10,13,14/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005745 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 09/20,21,22,23,26,28,29,30/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005746 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 10/1,4,5,6,7,12,13/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
03/18/2005747 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 11/3,4,5,9,10/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
04/28/2005752 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court has received correspondence relating to sentencing and a recent email complaining about Deft Stewart's speaking at a meeting in California. The Court is retaining such correspondence but would nto rely on any of it without bringing it to the attention of the parties. The parties are urged to have any correspondence with respect to sentencing that the parties wish to have considered forwarded to the Court at the appropriate time through counsel with copies to the other parties. (Signed by Judge John G. Koeltl on 4/25/05)(bw, ) (Entered: 04/29/2005)
05/09/2005754 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter from Mr. Drate. 1. In response to the request, the Court is enclosing a copy of the e-mail requested. The Court does not wish to receive e-mails and will file this e-mail under seal. The Court noted the e-mail in the prior order because it was the only e-mail the Court recalls receiving. The Court has, as indicated, received correspondence relating to sentencing and has now received correspondence relating to the recent trip to California. The Court does not rely on any of that correspondence. The Court brought this to the attention of the parties to advise them that the Court was receiving correspondence but would not reply on it and to advise the parties that, if they wished to have the Court consider correspondence, they should forward that correspondence through counsel. The Court did not intend to imply that any counsel was asking that correspondence be sent directly to the Court. 2. Mr. Dratel should promptly fax or deliver another copy of his substitution of counsel to the Court and the Court will sign it promptly. Ms. Shellow-Lavine has been counsel for Ms. Stewart who has been the person designated to receive faxes and other documents. The Court will ask that Mr. Dratel be added to the list of counsel and to the list of those receiving faxes. (Signed by Judge John G. Koeltl on 5/6/05)(bw, ) (Entered: 05/11/2005)
06/03/2005760 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Sentencing in this matter is adjourned from Friday, September 23, 2005 to Friday, September 30, 2005 at 9:30 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 5/27/05)(ja, ) (Entered: 06/08/2005)
08/10/2005775 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Clerk shall deliver to this Court the following sealed documents: Documents 713,714,715,716,717,718,720,721,722,724,727,728,748,749,753,761,763,765,767,769,771 and 773 (Signed by Judge John G. Koeltl on 8/10/05)(jw, ) (Entered: 08/12/2005)
08/12/2005776 Order to Unseal Document as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Therefore, the Court will unseal documents 727, 728, 749, 761, 763 and 765. (Signed by Judge John G. Koeltl on 8/12/05)(jw, ) (Entered: 08/16/2005)
08/12/2005777 ORDER (unsealed) as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry Juror 39 called Mr. Grate today and said that something happened in the jury room that really bothered her. She wanted to put it in writing and bring it to the court's attention. Mr Grate said to address the letter to him, without any names for the juror, and he would foward it to the court. The court brings this to the parties' attention because it is a communications from a juror.So OrderedFld. 3/8/05 as document # 727. (Signed by Judge John G. Koeltl on 2/23/05)(pr, ) (Entered: 08/16/2005)
08/12/2005778 ORDER (unsealed) as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry In response to the parties' correspondence, the court spoke to Mr. Grate today. Mr Grate confirmed that it was in fact Juror 39 who wanted to write a letter to the court and called Mr. Grate to get information with respect to the chambers address. Mr. Grate asked her to write the letter to him and he would foward it to the court. The juror also requested information about her paycheck. In view of the juror's desire to write the letter, no further action is warranted at this time.So Ordered. Filed 3/8/05 as document # 728.. (Signed by Judge John G. Koeltl on 2/24/05)(pr, ) (Entered: 08/16/2005)
08/12/2005779 ORDER (unsealed) as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Mr Grate provided the court with the attached letter from a juror, which he received yesterday. He did not provide the envelope to avoid disclosing the identity of the juror. The court provides the letter to the parties as a communication from a juror..Filed 8/1/05 as document # 749. (Signed by Judge John G. Koeltl on 4/1/05)(pr, ) (Entered: 08/16/2005)
08/12/2005782 ORDER (unsealed) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. 1) No party, counsel paralegal, investigator, or any other individual acting on behalf of any party shall contact by any means, directly or indirectly, any trial juror without the prior consent of this court. This order includes a prohibition on any further contact with Mr. Masef on the subject of juror # 9 (also known ad juror NO. 39).2) Any party, counsel paralegal, investigator, or any other individual acting on behalf of any party shall shall preserve any notes of interviews or post-trial statements of any trial juror until further order of the court. This order includes Mr. Eberle, who participated in the 4/26/05 meeting at the request of counsel for defendant Stewart. Counsel for Ms. Stewart shall provide a copy of this order to Mr. Eberle, who is also required to retain it under seal.3) The govt. shall respond to the applications releating to juror No. 9 (also known as juror No. 39) and juror No 32 by 6/27/05. The defendants may reply by 7/8/05.4) This order and the related correspondence shall be filed under seal.So Ordered.Filed 6/13/05 as document # 763. (Signed by Judge John G. Koeltl on 6/10/05)(pr, ) (Entered: 08/16/2005)
08/12/2005783 GOVERNMENT'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTIONS BASED ON ALLEGATIONS RELATING TO JURORS (unsealed) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 780 MOTION for New Trial.. Filed 6/28/05 as document # 765.(pr, ) (Entered: 08/16/2005)
08/15/2005784 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Following the return of the verdict in this case, various issues have arisen with respect to jurors. The defts thereafter filed applications seeking various relief which the Govt opposed, and those motions were fully briefed on 8/11/05. All of the papers were filed or sought to be filed under seal. By letter dated 7/7/05, the Govt asked the Court to unseal all of the documents at such time as the Court initially decided the motions and determined whether any hearing was necessary. The Govt argued that delaying unsealing the documents until that time would forestall or prevent compromising juror privacy, preserve juror anonymity, and avoid juror embarrassment. By letter dated 7/22/05, counsel for defts Stewart and Yousry, although they had not previously moved to unseal any of the documents, argued that the documents should be unsealed without delay. All parties suggested that the Court should delete the name of one juror's lawyer as a protection against disclosing the name of one jurors. The Court agrees with the parties that the documents that were filed under seal should be unsealed. The Court also sees no reason to delay the unsealing of the documents. The jurors in this case are anonymous and the disclosure of the materials will not disclose the identity of the jurors. There is no additional protection afforded the jurors by delaying the disclosure of the documents until this Court actually issues a decision.... [see Order]... There is also no reason to redact the name of one juror's lawyer. The identity of the laywer is not an indication of the identity of the juror, and the lawyer is certainly capable of maintaining the anonymity as well as the confidences and secrets of his client. Therefore, the Court will unseal Documents 727, 728, 749, 761, 763, and 765. This should be all of the filed documents concerning the issues raised in the parties' correspondence. The Court is also attaching copies of the July 7 and July 22 correspondence to this Order. Govt letters dated 6/6/05 and 6/10/05, and letters from defense counsel dated 6/9/05 and 6/30/05 were sent to the Court with requests for filing under seal. They were not yet filed, and so will be filed but not under seal. There is no need to file the deft Stewart's 8/11/05 Reply Memorandum under seal, and that will be filed in the open docket. A review of the docket fails to indicate that deft Stewart's 6/3/05 letter and accompanying affidavit were filed at all, although the Rule 33 motion was filed. Deft Stewart should file promptly the 6/3/05 letter and accompanying affidavit not under seal, and provide a courtesy copy to the Court. To the extent that there is other correspondence or other documents that should be included in the open file, the parties should bring those documents to the attention of the Court. (Signed by Judge John G. Koeltl on 8/12/05)(bw, ) (Entered: 08/16/2005)
08/15/2005785 Letter by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Christopher J. Morvillo/Andrew S. Dember/Robin L. Baker/Anthony S. Barkow dated 6/6/04 (letter dated 6/6/05 on headers, page 2 to page 4) re: submitted regarding post-trial motions filed by deft Lynn Stewart on June 3, 2005. Two such motions, both of which are filed under seal and are joined by defts Mohammed Yousry and Ahmed Abdel Sattar, seek relief based on allegations relating to trial jurors. [*** Refer to Order, doc.#784 ***] (bw, ) (Entered: 08/16/2005)
08/15/2005788 Letter by Ahmed Abdel Sattar addressed to Judge Koeltl from Attorneys Barry M. Fallick, Kenneth Paul dated 6/30/05 re: submitted this letter-memorandum of law in reply to the Govt's opposition to defts' motion to inquire of Juror #9 concerning statements contained in her letter addressed to the Court dated 3/25/05. Counsel on behalf of Ahmed Abdel Sattar joined in the motion filed by counsel for Lynn Stewart concerning allegations relating to jurors. [*** Refer to Order, doc.#784 ***] (bw, ) (Entered: 08/16/2005)
08/25/2005794 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The parties should advise the Court promptly of the effect on all pending motions, if any, of the recent Court of Appeals decision in U.S. v. Canova, 412 F.3d 331, 344-48 (2d Cir. 2005). (Signed by Judge John G. Koeltl on 8/24/05)(bw, ) (Entered: 08/31/2005)
08/26/2005795 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. 1. Deft Stewart requests oral argument on her pending motions. Given the schedules provided by the parties, the Court will hear argument on 9/1/05 at 2:30 p.m. in Courtroom 12B, 500 Pearl Street. 2. All parties have requested or consented to adjourn the current sentencing date until 10/21/05. The Court will therefore adjourn the sentencing date for all defts to 10/21/05 at 9:30 a.m. The Court must receive sentencing submissions reasonably in advance of sentence. Thus, all defense submissions in connection with sentence must be made by 9/23/05. All Govt submissions must be made by 10/3/05. (Signed by Judge John G. Koeltl on 8/25/05)(bw, ) (Entered: 09/01/2005)
09/01/2005 Minute Entry for proceedings held before Judge John G. Koeltl : Pretrial Conference as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/1/2005. Deft. Sattar pres. w/attys Kenneth Paul and Barry Fallick. Deft. Stewart pres. w/attys Joshua Dratel and Jill R. Shellow-Levine. Deft. Yousry pres. w/attys David Ruhnke and David Stern. AUSA's Christoper Morvillow, Andrew Dember and Anthony Barkow. Reporter Steven Greenblum. Oral argument held on various motions. Bail cont'd for deft's Stewart and Yousry. Deft. Sattar cont'd detained. (kw, ) (Entered: 11/14/2005)
09/16/2005799 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from United States Attorney Michael J. Garcia by AUSA Robin L. Baker dated 9/14/05 re: the Court's request made during oral argument on Thursday, 9/1/05 for copies of trial exhibits. Judge memo-endorsed: The government should contact Mr. Fletcher directly and arrange for delivery. So ordered. (Signed by Judge John G. Koeltl on 9/14/05)(ph, ) (Entered: 09/21/2005)
09/21/2005801 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl dated 9/18/05 re: Adjournment of the 9/23/05 sentence.All sentences in this case adjourned to 11/18/05 @ 9:30 AM. Defense submissions to be mad by 10/14/05, govt. submissions to be made by 10/26/05. So Ordered. (Signed by Judge John G. Koeltl on 9/20/05)(pr, ) (Entered: 09/23/2005)
09/26/2005802 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from US Attorney's Office dated 9/22/05 re: Adjournment of the 11/18/05 sentence for all three defendants.Sentence adjourned to 12/22/05 @ 9:30 AM. Defense submissions by 11/14/05, govt. submissions by 11/18/05. So ordered. (Signed by Judge John G. Koeltl on 9/23/05)(pr, ) (Entered: 09/28/2005)
09/26/2005 Set/Reset Deadlines/Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Defense submissions due 11/14/2005.Government submissions due 11/28/2005. Sentencing adjourned to 12/22/2005 09:30 AM before Judge John G. Koeltl..(pr, ) (Entered: 09/28/2005)
09/26/2005804 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Sentencing in this matter is adjourned to Thursday, December 22, 2005 at 9:30 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 9/23/05)(ja, ) (Entered: 09/28/2005)
09/26/2005 Minute Entry for proceedings held before Judge John G. Koeltl : As to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Sentencing set for 12/22/2005 09:30 AM before Judge John G. Koeltl. (ja, ) (Entered: 09/28/2005)
09/30/2005805 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/1/2005 before Judge John G. Koeltl. (jar, ) (Entered: 09/30/2005)
10/23/2005875 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The court received the attached letter from the Warden of the MCC which the court fowards to the parties. By letter dtd. 10/20/06 counsel for Mr Sattar sought a hearing to determine why the officials in charge of the MCC did not comply with that part of the court's order of 9/29/06 as indicated. The application for a hearing or a finding of contempt is denied as indicated. The court rescinds its 9/29/06 order to the extent it directed the govt to assure that the parties meet to discuss the conditions of confinement. While the parties are free to discuss the conditions of confinement, it is plain that the BOP requires that the deft. exhaust administrative remedies before seeking judicial relief. So ordered (Signed by Judge John G. Koeltl on 10/20/06)(pr, ) (Entered: 10/25/2006)
10/24/2005807 OPINION & ORDER #92326 as to (S1-02-Cr-395-) Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Deft Lynne Stewart moves for a new trial pursuant to Fed.R.Cr.P. 33, or in the alternative, an evidentiary hearing based on alleged juror misconduct by Juror #82 during the voir dire examination. Deft Stewart also requests that the Court conduct an inquiry into allegations of extraneous influence on Juror #39 and complaints by Juror #39 about the deliberation process. Co-defendants Ahmed Abdel Sattar and Mohammed Yousry join in these applications. For the following reasons, these applications are denied.... [See Order]... Conclusion: For the reasons stated above, the defts' applications are denied. (Signed by Judge John G. Koeltl on 10/24/05)(bw, ) Modified on 10/26/2005 (lma, ); Refer to Order, doc.#813. Modified on 11/4/2005 (bw, ). (Entered: 10/25/2005)
10/25/2005806 OPINION & ORDER #92325 as to (S1-02-Cr-395-) Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry.... [See Order]... Conclusion: This opinion has not attempted to summarize all of the evidence at the trial, but has concentrated on the specific issues raised in the motions. There was sufficient evidence at the conclusion of the Govt's case, and again at the conclusion of all of the evidence, for a reasonable jury to find each of the defts guilty beyond a reasonable doubt on each of the counts in which each was charged. Thus, the Rule 29 motions are denied. The Court has considered all of the arguments. To the extent not specifically addressed herein, the arguments are either moot or without merit. For the reasons stated above, all of the pending motions are denied. (Signed by Judge John G. Koeltl on 10/24/05)(bw, ); Refer to Order, doc.#812. Modified on 11/4/2005 (bw, ). (Entered: 10/25/2005)
10/26/2005810 ENDORSED LETTER as to (S1-02-Cr-395-) Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Andrew S. Dember/Robin L. Baker/Anthony S. Barkow dated 10/24/05 re: submitted to request a one-week extension, from 11/28/05 until 12/5/05, of the Govt's time to respond to the defts' sentencing submissions, which are to be filed on 11/14/05. JUDGE ENDORSED - Application granted. Government submission due December 5, 2005. The sentencing date remains December 22, 2005 at 9:30 a.m., but, given the timing of sentencing submissions, the Court also reserves the possibility of adjourning the sentencing date. (Signed by Judge John G. Koeltl on 10/25/05)(bw, ) (Entered: 10/28/2005)
10/31/2005812 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Attached is a corrected page 19 for this Court's 54 page opinion dated 10/24/05. The Clerk is directed to substitute this page for the former page 19. (Signed by Judge John G. Koeltl on 10/27/05) [*** Refer to Opinion & Order, doc.#806 ***] (bw, ) (Entered: 11/04/2005)
10/31/2005813 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Attached are corrected pages 19 and 22 for this Court's 25 page opinion dated 10/24/05. The Clerk is directed to substitute these pages for the former pages 19 and 22. (Signed by Judge John G. Koeltl on 10/27/05) [*** Refer to Opinion & Order, doc.#807 ***] (bw, ) (Entered: 11/04/2005)
11/23/2005816 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. All defense submissions in connection with sentencing are due 11/30/05. Gov't submissions are due 12/21/05. Sentencing is set for 1/20/2006 09:30 AM before Judge John G. Koeltl. SO ORDERED. (Signed by Judge John G. Koeltl on 11/17/05)(ja, ) (Entered: 11/29/2005)
11/29/2005817 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. As to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry; all defense submissions in connection with sentencing are due 1/13/06. Government submissions are due 2/3/06. Sentencing set for 2/24/2006 at 09:30 AM before Judge John G. Koeltl. There will be no further extensions except for very good cause shown. (Signed by Judge John G. Koeltl on 11/23/05)(kw, ) (Entered: 11/30/2005)
12/07/2005818 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court had fixed 2/24/2006 as the final date for sentencing, but that date is no available for some counsel. Mr. Fletcher will be in touch with counsel to fix a date that is available for all counsel. (Signed by Judge John G. Koeltl on 12/5/2005)(jp, ) (Entered: 12/09/2005)
12/07/2005 Terminate Deadlines and Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: sentencing date previously set for 2/24/2006 is terminated..(jp, ) (Entered: 12/09/2005)
12/19/2005822 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Sentence in this matter will be held on Friday 3/10/06 @ 10 AM. So ORdered. (Signed by Judge John G. Koeltl on 12/16/05)(pr, ) (Entered: 12/20/2005)
12/19/2005 Set/Reset Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Sentencing will be held 3/10/2005 10:00 AM before Judge John G. Koeltl..(pr, ) (Entered: 12/20/2005)
03/30/2006829 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Defense Replies due by 8/21/2006. Government Responses due by 8/11/2006; Sentencing set for 9/15/2006 10:00 AM before Judge John G. Koeltl. The Probation Department should assure that the Pre-Sentence Reports are finalized in sufficient time so that the submissions of the parties are directed to the final Pre-Sentence Reports. The Court is attaching correspondence from the parties relating to scheduling sentence for the period January 30, 2006 to March 14, 2006. SO ORDERED (Signed by Judge John G. Koeltl on 3/23/06)(jw, ) (Entered: 03/30/2006)
04/19/2006830 ORDER as to Ahmed Abdel Sattar. The court has received the attached letter from deft. Sattar. It is not necessary for the deft. to copy the court on correspondance to the BOP until there is an application for relief from the court. So ordered. (Signed by Judge John G. Koeltl on 4/13/06)(pr, ) (Entered: 04/20/2006)
05/17/2006831 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Mr. Morrison from Kenneth A. Paul dated 5/15/06 re: Special administrative measures were being implemented regarding defts. confiinement..The court is well aware of the need to exhaust administrative remedies with respect to certain issues. At the same time the court expects the parties to cooperate & attempt & resolve issues without court intervention. As the govt agrees, the parties should at least meet to discuss the resluation. (Signed by Judge John G. Koeltl on 5/15/06)(pr, ) (Entered: 05/19/2006)
07/20/2006843 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed the attached letter, which the Court forwards to the parties. SO ORDERED. (Signed by Judge John G. Koeltl on 7/5/06)(ja, ) (Entered: 07/25/2006)
07/20/2006844 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter in connection with sentencing, which the Court forwards to the parties. SO ORDERED. (Signed by Judge John G. Koeltl on 7/11/06)(jw, ) (Entered: 07/25/2006)
08/09/2006847 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Deft Replies due by 9/6/2006. The time for the Government to submit its response to the defts sentencing submissions and to respond to the defets motion concerning electronic surveillance is extended to August 25, 2006. The defts time to reply on the motion relating to electronic surveillance is extended to September 6, 2006. The date for the defense reply on sentencing is extended to September 6, 2006. Sentencing remains scheduled for September 25, 2006 at 10:00am. (Signed by Judge John G. Koeltl on 8/7/06)(jw, ) (Entered: 08/10/2006)
08/09/2006848 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Deft Replies due by 9/6/2006. The Time for the Goverment to submit its response to the defts sentencing submissions and to respond to the defts motion concerning electronic surveillance is extended to August 25, 2006. The defts time to reply on the motion relating to electronic surveillance is extended to September 6, 2006. The date for the defense reply on sentencing is extended to September 6, 2006. Sentencing remains scheduled for September 25, 2006 at 10:00am. The parties should contact Mr. Fletcher if, for any reason, there is a problem with this schedule. (Signed by Judge John G. Koeltl on 8/7/06)(jw, ) (Entered: 08/10/2006)
08/10/2006849 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter dated 8/3/06 from Aubrey Lees. There is no indication that the letter was sent to defense counsel or the Govt, and the Court is therefore attaching a copy of the letter. To the extent possible, defense counsel and the Govt are instructed to have all sentencing letters submitted through counsel. (Signed by Judge John G. Koeltl on 8/8/06)(bw, ) (Entered: 08/11/2006)
08/29/2006853 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. 1. The time for defts' reply papers on thier motion to compel disclosure is extended to 9/11/06. Argument on the motion is scheduled for 9/25/06 @ 10am. 2.The time for defts' reply papers on sentencing are extended to 9/26/06. Sentencing is adjourned to 10/16/06 @ 10am. No Further adjournments. So ordered (Signed by Judge John G. Koeltl on 8/28/06)(pr, ) (Entered: 08/30/2006)
08/29/2006 Set/Reset Deadlines as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry:Defts' Replies papers on their motion to compel disclosure is due by 9/11/2006..(pr, ) (Entered: 08/30/2006)
08/29/2006 Set/Reset Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Oral Argument set for 9/25/2006 10:00 AM before Judge John G. Koeltl..(pr, ) (Entered: 08/30/2006)
08/29/2006 Set/Reset Deadlines as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry:Defts' replies on sentencing due by 9/26/2006..(pr, ) (Entered: 08/30/2006)
08/29/2006 Set/Reset Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Sentencing set for 10/16/2006 10:00 AM before Judge John G. Koeltl..(pr, ) (Entered: 08/30/2006)
08/30/2006854 SENTENCING MEMORANDUM by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Mohammed Yousry. (jw, ) (Entered: 08/31/2006)
08/30/2006855 GOVERNMENT'S SENTENCING MEMORANDUM (REDACTED) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 08/31/2006)
08/31/2006856  MEMORANDUM AND ORDER Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 851 Sentencing Memorandum filed by USA, The clerk is directed to place Doc. # 851 under seal. The govt. will file a redacted version of its sentencing memorandum as soon as possible. (pr, ) (Entered: 09/01/2006)
10/03/2006863 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received Ms. Fink's letter dated September 26, 2006 with objections to the Pre-Sentence Report. The Court will consider all the objections to the Pre-Sentence Report at the time of sentence. The Court will resolve all outstanding objections at that time or determine that they do not affect the sentence. The Court will consider all of the materials submitted to the Court by counsel and the Probation Department and reach an independent determination of the appropriate and reasonable sentence. There is no need for a revised Pre-Sentence report or a hearing prior to the date currently fixed for sentence. The request for an advance hearing is denied. (Signed by Judge John G. Koeltl on 9/29/06)(jw, ) (Entered: 10/03/2006)
10/03/2006864 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Eric B. Bruce dated 9/28/06 re:Enclose 13 of the 15 District Court decisions denying defense motions ot compel information concerning the Terrorist Surveillance Program. With the courts permission, we (Govt) will endeavor to file our ex parte, in camera supplemental response at the DOJ Command Center by Friday 10/6/06.Request to extend the time to file a further exparte in camera submission to 10/6/06 is granted. The govt. should assure that the submission is available to be delivered to this court at that time. So Ordered. (Signed by Judge John G. Koeltl on 9/29/06)(pr, ) (Entered: 10/04/2006)
10/03/2006865 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Government Responses due by 10/11/2006. In its response the Government should address the proper procedure for challenging the imposition of the SAMs, the proper standard of review, and the basis for the imposition of the SAMs in this case. The Government should also indicate whether any information is subject to any privileges or contain any classified information and what procedures apply to such information. The Court received the indication from the Government that the Government agreed that a meeting would be useful. That meeting apparently did not occur because the prison officials were not prepared to meet. The Government should now assure that the parties meet to discuss the conditions of confinement and, if possible the reasons for any special restrictions. (Signed by Judge John G. Koeltl on 9/29/06)(jw, ) (Entered: 10/04/2006)
10/12/2006867 GOVERNMENT'S NOTICE of Supplemental Ex Parte, In Camera, Classified Filing as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 10/16/2006)
10/16/2006868 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Eric B. Bruce, Sr. Cnsl to Asst. Atty General, Criminal Div., dated 10/11/06, re: the Govt's response will not be ready for transport to SDNY tomorrow morning - our response, including a Declaration from the relevant agency. Respectfully request that the Govt's time to respond to the Crt's Order be extended by one additional day to 10/13/06. -- Judge endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 10/11/06)(ja, ) (Entered: 10/17/2006)
10/16/2006871 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Eric B. Bruce, Senior Counsel to the Assistant Attorney General, Criminal Division, U.S. Department of Justice, dated 10/10/06 re: submitted to request that the Govt's time to respond to the Court's Order dated 10/6/06 be extended by one day to 10/12/06. Judge Endorsed - Application Granted. (Signed by Judge John G. Koeltl on 10/10/06)(bw, ) (Entered: 10/17/2006)
10/16/2006872 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has provided an Ex Parte Order to the Govt which refers to classified filings. The Order is provided to Mr. Bruce for the Govt through Mr. Macisso and the Court asks that it be filed under seal. (Signed by Judge John G. Koeltl on 10/6/06)(bw, ) (Entered: 10/17/2006)
10/16/2006 Minute Entry for proceedings held before Judge John G. Koeltl :Sentencing held on 10/16/2006 for Ahmed Abdel Sattar (1) Count 1s,2s,3s. (pr, ) (Entered: 10/27/2006)
10/16/2006 DISMISSAL OF COUNTS on Government Motion as to Ahmed Abdel Sattar (1) Count 1,2,3,4..(pr, ) (Entered: 10/27/2006)
10/16/2006882 NOTICE OF APPEAL by Ahmed Abdel Sattar from 878 Judgment. Copies of Notice of Appeal mailed to Attorney(s) of Record: A.U.S.A. and Court Reporters. (CJA) (nd, ) (Entered: 10/30/2006)
10/17/2006869 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. By motion dated 6/16/06, the defts moved to compel the Govt to disclose any warrantless and/or illegal electronic or other surveillance which included the defts' demand from the Govt for disclosure of any "electronic surveillance of their telephone, facsimile, e-mail, or other electronic or other communications, or surveillance or interception of any kind, pursuant to the NSA Program or any other program or operation." In response to this motion, the Govt filed, on 8/18/06, its in camera, ex parte classified response, which the Court carefully considered. Thereafter, in response to subsequent orders from the Court, the details of which were classified and filed ex parte and under seal, but with notice to the defts, the Govt filed in camera, ex parte classified supplemental responses dated 10/6/06, 10/12/06, and 10/13/06. The Govt is directed to disclose immediately to the defts the disclosure listed on page 3 of the Govt's 10/12/06 disclosure, including the related footnote 5 to that paragraph. The defts' motion is otherwise denied. The Court is simultaneously filing an ex parte Order under seal containing classified information which explains in detail the reasons for the Court's decision. The Court has concluded that there is a compelling reason for filing the additional Order ex parte and under seal because it contains classified information that cannot reasonably be segregated from the other material in the Order, and that such a filing is consistent with the Classified Procedures Act and the rights of the defts. See U.S. v. Yunis, 867 F.2d 617, 622-25 (D.C. Cir. 1989). Except as noted above, the defts' motion is denied. (Signed by Judge John G. Koeltl on 10/13/06)(bw, ) (Entered: 10/17/2006)
10/17/2006870 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/25/06 before Judge John G. Koeltl. (tro, ) (Entered: 10/17/2006)
10/17/2006873 GOVERNMENT'S NOTICE of It's Second Supplemental Ex Parte, In Camera Classified Filing as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry (ja, ) (Entered: 10/18/2006)
10/25/2006878 JUDGMENT as to Ahmed Abdel Sattar (1), Count(s) 1, 2, 3, 4, Dismissed; Count(s) 1s, 60 months imprisonment to run concurrently. 3 years supervised release with supervision, to run concurrently.; Count(s) 2s, 288 months imprisonment to run concurrently. 5 years supervised release with supervision, to run concurrently.; Count(s) 3s, 240 months imprisonment to run concurrently. 5 years supervised release with supervision, to run concurrently. $300.00 special assessment.. (Signed by Judge John G. Koeltl on 10/25/06)(pr, ) (Entered: 10/27/2006)
10/25/2006 Judgment entered in money judgment book as #06,2320 as to Ahmed Abdel Sattar in the amount of $ 300.00, re: 878 Judgment. (dt, ) (Entered: 10/30/2006)
10/27/2006885 MEMORANDUM & OPINION # 93882 as to Ahmed Abdel Sattar, RE: The Crt has reviewed the leter from cnsl for dft Sattar dtd 9/26/06, and the Govt's responsive letter dated 10/11/06. In the 9/26/06 letter, counsel for dft asks that the Special Administrtative Measures (SAMs) imposed on dft Sattar on 2/2/06 be lifted. In response, the Gov't conceded that the dft has exhausted administrative remedies to lift the SAMs in general, but has not exhausted administrative remedies w/respect to any particular restriction.... imposing SAMs on Sattar is reasonable given the fact that Sattar was convicted of terrorist activity and the fact that his activity involved the subversion of restrictions on prison communications and visitation. The constitutionality of the SAMS is measured against a 4-factor test.... In this case, the dft has failed to show that SAMs should be lifted.... The Gov't also notes that the dft has not exhausted administrative remedies on specific provisions of the SAMs and that issue is not before the Court on this application. The application to lift the SAMs is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 10/27/06)(ja, ) (Entered: 11/01/2006)
10/30/2006 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ahmed Abdel Sattar to US Court of Appeals re: 882 Notice of Appeal - Final Judgment. (nd, ) (Entered: 10/30/2006)
10/31/2006902 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter from Jonathan Dienst of WNBC that requests "access to any and all sealed communications/letters/motions from defense counsel and prosecutors in relation to the sentencing of Lynne Stewart and her co-defendants Sattar and Yousry." The letter refers to "sealed letters" and "sealed documents". 1. Deft Sattar submitted a letter dated 6/30/2006 that was served on the Govt but not filed. There is no request for sealing and the Court will order that document filed. Two additional letters submitted by deft Sattar that relate to a discrete issue, those letters are dated 6/30/2006 and 9/18/2006, were requested to be filed under seal, in order to preserve personal safety. They have not yet been filed but the Court will file them under seal. 2. The bulk of deft Stewart's sentencing submissions have already been filed. (see Dockets Nos. 838, 839, 840, 841, 843, 844, 849, 858.) The only submission that was requested to be filed under seal was Exhibit One to the original 85 Exhibits. That exhibit was a letter dated 7/5/2006 from Mr. Dratel containing a report by Dr. Steven Teich. That report has not yet been filed. Parties to advise Court by 10/31/2006 whether that report should be filed under seal and the basis for their positions. Def. counsel submitted additions with letters dated 9/26/2006; 10/3/2006; 10/12/2006; and two letters dated 10/15/2006. The Court will Order that they be filed. 3. Deft Yousry submitted letters dated 10/12/2006; 6/30/2006; 9/25/2006; 10/10/2006. The Court will order the documents to be filed. 4. The Govt filed a Sentencing Memo in response to the defendant's submissions (Doc. # 855.) Only two (2) pages of this document were redacted. They are properly filed under seal (Doc # 852.) There is a letter from counsel for Deft Sattar dated 8/28/2006 relating to the same issue and a Court order directing the pages to be filed under seal. (Doc # 857.) This letter does not reflect the substance of the redacted pages. The Court will order this letter & memo endorsement unsealed. The Govt submitted an additional brief letter dated 8/30/2006, the Court will Order this letter filed. 5. There were four letters filed under seal in connection with sentencing. Doc # 837, 836, 842, 866, with memo endorsements. The Court will listen to the parties as to whether these letters should remain under seal. Parties have not had opportunity to respond to Mr. Dienst's request, the Court requests that parties submit any objections or comments on the proposed disposition of the documents that have not been filed or that have been filed uner seal by 10/31/2006. SO ORDERED. (Signed by Judge John G. Koeltl on 10/26/2006)(jar, ) Modified on 11/6/2006 (jar, ). (Entered: 11/06/2006)
11/03/2006889 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court directs that Document No. 857 be unsealed. (Signed by Judge John G. Koeltl on 11/2/06) [*** Refer to doc.#890, filed on 11/3/06. ***] (bw, ) (Entered: 11/03/2006)
11/03/2006890 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorneys Barry M. Fallick and Kenneth Paul dated 8/28/06 re: submitted to request that pages 98-100 of the Govt's sentencing memorandum be placed under seal. Judge Endorsed - The Government should file pages 98-100 under seal. So Ordered. (Signed by Judge John G. Koeltl on 8/28/06) [*** NOTE: Previously filed under seal, refer to Unsealing Order, doc.#889, filed on 11/3/06. ***](bw, ) (Entered: 11/03/2006)
11/03/2006894 ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorneys Barry M. Fallick and Kenneth Paul dated 6/30/06 re: submitted (1) as objections to the presentence report; (2) grounds for departure under the U.S. Sentencing Guidelines and (3) arguments as to the reasonableness of the sentence to be imposed. Judge Endorsed - This document should be filed. So Ordered. (Signed by Judge John G. Koeltl on 10/26/06)(bw, ) (Entered: 11/03/2006)
11/03/2006895 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Robin L. Baker, Andrew S. Dember dated 8/30/06 re: submitted to supplement the Govt's sentencing memorandum, which was filed on 8/25/06. Judge Endorsed - This letter should be filed. So Ordered. (Signed by Judge John G. Koeltl on 10/26/06)(bw, ) (Entered: 11/03/2006)
11/06/2006904 NOTICE OF APPEAL by USA as to Ahmed Abdel Sattar from 878 Judgment. Copies of Notice of Appeal mailed to Attorney(s) of Record: Rochman Platzer Fallick Sternheim Luca & Pearl, LLP; Rothman Schneider Soloway & Stern; ruhnke & Barrett; Elizabeth M. Fink; Joshua L. Dratel; and Jill R. Shellow-Lavine. (tp, ) (Entered: 11/07/2006)
11/06/2006 Appeal Remark as to Ahmed Abdel Sattar re: 904 Notice of Appeal - Final Judgment. NO FEE, USA. (tp, ) (Entered: 11/07/2006)
11/07/2006 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ahmed Abdel Sattar to US Court of Appeals re: 904 Notice of Appeal - Final Judgment. (tp, ) (Entered: 11/07/2006)
11/07/2006912 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge John G. Koeltl from Robin L. Baker dated 11/7/2006 re: The Govt writes to repsond to the Court's Order, dated 11/2/2006, directing the Govt to provide its position regarding the request of Deft Stewart that four documents remain under seal. Judge's Endorsement: 1. A copy of their letter should be provided by the Government to Mr. Dienst, together with this endorsement. 2. Defendant Stewart may reply by 11/8/2006. SO ORDERED. (Signed by Judge John G. Koeltl on 11/3/2006)(jar, ) (Entered: 11/08/2006)
11/07/2006913 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. By order dated October 26, 2006, the Court responded to a letter from Jonathan Dienst requesting access to various documents. The Order explained documents that had been filed, documents that would be filed and several documents that were under seal. The Court asked the parties to submit any objection or comments on the proposed disposition of the documents that had not yet been filed or that had been filed under seal by October 31, 2006. The Court received a letter from deft Stewart's counsel dated November 1, 2006, a copy of which is attached. Deft Stewart contended that four documents as to which the Court directed the parties attention should remain under seal. The Court received no comment from any other party. The Court will therefore direct that the documents that the Court indicated in its October 26, 2006 Order would be filed should now be filed. The Court will also direct that Document No. 857 be unsealed. With respect to the remaining four documents identified by deft Stewart, the Court requests that the Government provide the Court with its position by November 6, 2006. (Signed by Judge John G. Koeltl on 11/2/06)(jw, ) (Entered: 11/13/2006)
11/21/2006915 OPINION AND ORDER # 93973 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry.... [See Order]... Conclusion: For the reasons explained above, deft Stewart should file within five (5) days a copy of Mr. Dratel's letter and Dr. Teich's report with the redactions indicated in the documents that the Court is providing to counsel and filing under seal. Deft Stewart should also file at that time her proposed redacted copy of Mr. Dratel's letter and Dr. Teich's report. So Ordered. (Signed by Judge John G. Koeltl on 11/21/06)(bw, ) Modified on 11/29/2006 (rw, ). (Entered: 11/21/2006)
11/22/2006 USCA SCHEDULING ORDER as to Ahmed Abdel Sattar related to 882 Notice of Appeal - Final Judgment filed by Ahmed Abdel Sattar, USCA Case Number 06-5015-cr. Thomas Asreen, Acting Clerk USCA. Certified: 11/17/06. Appeal Record due by 12/7/2006. (tp, ) (Entered: 11/22/2006)
11/28/2006918 ORDER as to Ahmed Abdel Sattar. The Court has received the attached letter. Because the letter contains no indication that it was sent to cnsl, the Crt forwards it to the parties. The Court has already addressed all pending applications with respect to Mr. Sattar's conditions of confinement. (Signed by Judge John G. Koeltl on 11/15/06)(ja, ) (Entered: 11/29/2006)
12/13/2006921 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal as to Ahmed Abdel Sattar re: 904 Notice of Appeal - Final Judgment, USCA Case Number 06-5015-cr, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 12/13/2006)
12/15/2006922 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/16/06 before Judge John G. Koeltl. (es, ) (Entered: 12/15/2006)
12/15/2006924 MEMORANDUM & OPINION & ORDER # 94046 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter from counsel for deft Lynee Stewart. The letter requests the Court to inquire of one juror, based on a newspaper article, what specific evidence the juror was allegedly referring to in speaking with the reporter. The application is plainly without merit. The request is an impermissible effort to inquire into the jury's deliberations. Indeed, the submission indicates that the jury carefully and conscientiously considered the evidence and followed the Court's instructions. The application is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 12/6/06)(jw, ) (Entered: 12/18/2006)
12/18/2006923 ORDER as to Ahmed Abdel Sattar. The court has received the attached letter. Because the letter contains no indication that it was sent to counsel, the court forwards it to the parties. The court has already addressed all pending applications with rewpect to Mr. Sattar's conditions of confinement. So Ordered (Signed by Judge John G. Koeltl on 12/14/06)(pr, ) (Entered: 12/18/2006)
02/28/2007930 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. While the Court has rec'd assurances from Mr. Dratel and Ms. Shellow-Lavine that they have not and will not accept anything of value for representing Ms. Stewart in this case beyond compensation under the CJA, the Court has not rec'd such assurance from Ms. Fink. The Crt notes that it inadvertently did not send the prior order to Ms. Fink along w/other cnsl. A copy of that order is attached. Ms. Fink should promptly submit such assurance now. See Sec. VIII(E) of the Revised Plan for Furnishing Representation pursuant to the CJA of the USDC for the SDNY. SO ORDERED. (Signed by Judge John G. Koeltl on 2/21/07)(ja) (Entered: 03/02/2007)
05/17/2007935 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/4/07 before Judge John G. Koeltl. (tro) (Entered: 05/17/2007)
08/01/2007937 ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow dated 7/27/07 re: submitted to request that the Court order that the attached Order of the Court, dated 6/11/04, be unsealed. Mr. Barkow has communicated with Meredith Heller, counsel for Stewart, David Ruhnke, counsel for Yousry, and Kenneth Paul, counsel for Sattar, and all consent to this request. ENDORSEMENT: The attached June 11, 2004 Order is unsealed. The Government should also provide a copy of this Order to counsel for Sheikh Abdel Rahman. So Ordered. (Signed by Judge John G. Koeltl on 7/30/07)(bw); See unsealed Orders, doc.#938,939, filed on 8/9/07. Modified on 8/9/2007 (bw). (Entered: 08/01/2007)
08/09/2007938 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. In a letter dated 4/15/04, the Govt requested authorization from the Court to provide counsel for Sheikh Abdel Rahman with copies of certain materials that reflect communications between Sheikh Abdel Rahman and members of his legal team. The materials, which are subject to the Protective Order in this case, including minimized, redacted transcripts of the Prison Recordings and redacted portions of the Yousry Notebooks. The Govt may seek to introduce some or all of the materials in evidence at trial. The Court authorized the disclosure to Sheikh Abdel Rahman's counsel and thereafter directed that any party's objections to the use of the materials should be submitted by 5/11/04. Deft Stewart submitted several binders containing unredacted excerpts from the Prison Recordings and Yousry Notebooks, along with a two-page cover letter. Stewart placed brackets around the material in the binders that she identified as "those matters that she believes represent the attorney work product of those lawyers who represented Sheikh Abdel Rahman." (Ltr. from Jill R. Shellow-Lavine to the Court dated May 11, 2004, at 1.) Stewart futher noted in the cover letter that she felt obligated by the New York Code of Professional Responsibility to object on behalf of her former client, Sheikh Abdel Rahman, to the use of the bracketed material. Stewart served the binders and the cover letter on the Govt wall team, because the binders contained unredacted materials, and she served only a copy of the cover letter on the Govt trial team. In a separate submission, Sheikh Abdel Rahman joins the assertions of work-produce privilege made here by Stewart....[SEE ORDER]... Conclusion: For the reasons explained above, Stewart's application to invoke the work-produce privilege over the Prison Recordings and the Yousry Notebooks is denied. So Ordered. (Signed by Judge John G. Koeltl on 6/11/04) [*** Note: Previously filed under seal on 6/14/04, Seal Envelope #466; Unsealed on 8/1/07, see Endorsed Letter, doc.#937. ***](bw) (Entered: 08/09/2007)
08/09/2007939 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Sheikh Abdel Rahman has moved to preclude disclosure of the Prison Recordings, the Yousry Notebooks, and the Yousry Interview at trial or otherwise. The Govt opposes the motions, because it intends to introduce some or all of the materials into evidence at trial. Sheikh Abdel Rahman has not moved to intervene in this case, and it is not precisely clear what kind of motion Sheikh Abdel Rahman is attempting to make. The nature of the motion is not dispositive in this case, however, because the asserted basis for the motion has no merit. Sheikh Abdel Rahman moves to preclude the materials at issue on the grounds that they are covered by the attorney-client privilege, but, for the reasons explained below, Sheikh Abdel Rahman does not have an attorney-client privilege in the materials, and would have waived any such privilege in any event as a result of his delay in asserting it....[SEE ORDER]... Conclusion: The Court has considered all of the arguments advanced by the parties, and to the extent they are not discussed above, they are either moot or without merit. For the reasons explained above, Sheikh Abdel Rahman's motion to preclude disclosure of the redacted Prison Recordings, the redacted Yousry Notebooks, and the redacted Yousry Interview is denied. So Ordered. (Signed by Judge John G. Koeltl on 6/11/04) [*** Note: Previously filed under seal on 6/14/04, Seal Envelope #466; Unsealed on 8/1/07, see Endorsed Letter, doc.#937. ***](bw) (Entered: 08/09/2007)
01/23/2008946 ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow dated 1/17/08 re: submitted with respect to Point C on pages 98 to 100 of the enclosed document, the Government's Sentencing Submission (Docket Entry 854). The Government requests that this Court order that Point C on pages 98 to 100 be filed under seal. ENDORSEMENT: Application granted. Point C, pages 98 to 100, are to be filed under seal. The Court will file this Memo Endorsement in the public file, and file the attached Sentencing Memorandum Under Seal. The Government should assure that the redacted Sentencing Memorandum (with Point C redacted) is filed in the public file. So Ordered. The the extent copy of Docket Entry 854 includes Point C, the Clerk is directed to return it to the Government for filing under seal and a redacted copy should be filed in the public file that does not contain Point C. So Ordered. (Signed by Judge John G. Koeltl on 1/18/08)(bw) (Entered: 01/23/2008)
01/29/2008 Appeal Record Sent to USCA (File). Indexed record on Appeal as to Ahmed Abdel Sattar, Mohammed Yousry re: 883 Notice of Appeal - Final Judgment, 882 Notice of Appeal - Final Judgment USCA Case Number 06-5015-cr (L), were transmitted to the U.S. Court of Appeals. ( Total of 28 volumes of records delivered to V. Mathias, USCA deputy clerk on 1/29/2008). (nd) (Entered: 01/29/2008)
06/26/2009958 SEALED DOCUMENT placed in vault. (rt) (Entered: 06/26/2009)
09/02/2009961 SEALED DOCUMENT placed in vault. (jri) (Entered: 09/02/2009)
10/08/2009963 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/08/2009)
10/08/2009964 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/08/2009)
11/17/2009970 NOTICE OF ATTORNEY APPEARANCE Karl N Metzner appearing for USA. (Metzner, Karl) (Entered: 11/17/2009)
11/18/2009971 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE Michael Douglas Maimin appearing for USA. (Maimin, Michael) Modified on 11/19/2009 (jar). (Entered: 11/18/2009)
11/18/2009973 Sentencing Letter by Mohammed Yousry as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge John G. Koeltl from David Stern, Esq. dated November 18, 2009 re: Mohammed Yousry. (Stern, David) (Entered: 11/18/2009)
11/18/2009974 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re 972 MOTION to Continue and Stay the Surrender. (Metzner, Karl) Modified on 11/19/2009 (db). (Entered: 11/18/2009)
11/18/2009975 ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. At the request of the Government and counsel for defendants Stewart and Yousry, the parties' submissions in response to this Court's order earlier today are adjourned. However, any submissions should be made by Wednesday, November 18, 2009 at 2:00 p.m. by facsimile as well as by ECF. As the Court pointed out, the defendants should be prepared to surrender forthwith to begin serving their sentences, as directed by the Court of Appeals, unless the Court lacks the ability to issue such an order. The parties should consider the following cases:...[see Order]... The Court will hold a conference on December 2, 2009 at 10:30 a.m. to consider the issues and schedule with respect to defendant Stewart's resentencing. At this points, it appears that these issues should be decided before the Court considers whether to resentence defendants Yousry and Sattar in accordance with the decision of the Court of Appeals that this Court has "the ability, if not the obligation, to resentence them as well." Because the initial proceeding will involve defendant Stewart, she and her attorney should be present. Counsel for the remaining defendants are also welcome to be present, but it is not necessary to produce the remaining defendants at this time. The Court will also accept any submissions by the other defendants. So Ordered. (Signed by Judge John G. Koeltl on 11/17/09)(bw) (Entered: 11/18/2009)
11/18/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Karl N Metzner as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry: to RE-FILE Document 974 Memorandum in Opposition to Motion. ERROR(S): No Signature or s/. (db) (Entered: 11/19/2009)
11/18/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Michael Maimin as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry: to MANUALLY RE-FILE Document Notice of Appearance, Document No. 971. This case is not ECF. (jar) (Entered: 11/19/2009)
11/20/2009977 ENDORSED LETTER: As to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge John G. Koeltl from Karl Metzner dated 11/19/2009. re: The Government submits this letter to request that the Court designate this case as one subject to the Court's Electronic Filing System or ECF system for future submissions. ENDORSEMENT: Application Granted. Case designated ECF. SO ORDERED. (Signed by Judge John G. Koeltl on 11/19/2009)(dnd) (Entered: 11/20/2009)
11/20/2009 Case Designated ECF as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (ad) (Entered: 11/20/2009)
11/24/2009979 ORDER of USCA (Certified Copy) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 903 Notice of Appeal - Final Judgment, 905 Notice of Appeal - Final Judgment, 904 Notice of Appeal - Final Judgment, 883 Notice of Appeal - Final Judgment, 882 Notice of Appeal - Final Judgment, 886 Notice of Appeal - Final Judgment USCA Case Number 06-5015-cr(L). Appellant Lynne Stewart moves for "Reconsideration of Forthwith Surrender," and an emergency stay of forthwith surrender pending the resolution of this motion for reconsideration. Appellant Mohammed Yousry moves for an "immediate stay of [the Court`s] Order directing the district court to order his forthwith surrender...," and a stay pending further consideration of this motion. The Government has filed a memorandum in opposition to the motions together with a letter from the Federal Bureau of Prisons. Upon consideration, IT IS HEREBY ORDERED that, based in part upon the assertions contained in the submissions of the Government, the motions are DENIED. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/19/2009. (nd) (Entered: 11/24/2009)
11/30/2009980 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/30/2009)
11/30/2009981 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/30/2009)
12/01/2009982 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/01/2009)
12/01/2009983 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/01/2009)
12/01/2009984 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The hearing in this matter will take place on Wednesday, December 2, 2009 at 10:30am in Courtroom 23A, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Signed by Judge John G. Koeltl on 12/1/09)(jw) (Entered: 12/01/2009)
12/04/2009986 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/04/2009)
12/07/2009987 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Counsel for defendant Stewart and the Government inquired as to the documents filed under seal in the Docket, Docket Nos. 980, 981, 982, and 983. Docket Nos. 982 and 983 relate to Criminal Justice Act matters and are appropriately filed under seal. The reason for sealing Docket No. 980 no longer exists and the Court will unseal Docket No. 980. The Clerk is directed to unseal and file Docket No. 980. The only reason to seal Docket No. 981 is the existence of the prisoner identification number for defendant Sattar. This is the type of personal identifying information that should be redacted before filing. Therefore, counsel for defendant Sattar should file a copy of the Court's November 24, 2009 Order, Docket No. 981, with the defendant's prisoner identification number redacted. The Clerk is directed to accept for filing the redacted Order. SO ORDERED. (Signed by Judge John G. Koeltl on 12/4/09)(bw) (Entered: 12/07/2009)
12/07/2009989 Letter as to Ahmed Abdel Sattar, addressed to Judge Koeltl, from Kenneth A. Paul, Atty for dft, dated 11/19/09, re: Due to the recent decision by the U.S. Court of Appeals for the 2nd Circuit, I enclosed a proposed Order for Your Honor's consideration. The BOPs have informed me that such an Order from this Court would be the fastest and most appropriate procedure for me to receive my client's records from the facility where Ahmed Abdel Sattar has been incarcerated. -- Judge endorsed: Exparte Under Seal: Counsel should explain to the Court whether this application is being made with notice to the Gov't and, just whether there is a basis for an ex parte application in connection with any sentencing proceedings. So ordered. (Originally docketed as document # 980, under seal.) (ja) (Entered: 12/08/2009)
12/08/2009 ***DELETED DOCUMENT. Deleted document number 988 "Sealed Document", as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The document was incorrectly filed in this case. (jri) (Entered: 12/09/2009)
12/09/2009990 REDACTION byAhmed Abdel Sattar as toAhmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (Paul, Kenneth) (Entered: 12/09/2009)
01/04/2010991 TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 12/2/2009 before Judge John G. Koeltl. (mbe) (Entered: 01/06/2010)
02/09/2010993 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court received the attached letter from defense counsel regarding whether a mandate has been issued by the Court of Appeals in this case. The docket sheet does not reflect that a mandate has been returned to the District Court and the parties request that submissions be stayed pending issuance of the mandate. The Court will require prompt submissions once the mandate is issued. At this point, the Court will stay submissions pending issuance of the mandate. The parties should advise the Court of Appeals of this Order. So Ordered. (Signed by Judge John G. Koeltl on 2/8/2010)(bw) (Entered: 02/09/2010)
02/22/2010996 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/22/2010)
02/23/2010997 MANDATE of USCA (certified copy) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 904 Notice of Appeal - Final Judgment, 903 Notice of Appeal - Final Judgment, 882 Notice of Appeal - Final Judgment, 905 Notice of Appeal - Final Judgment, 883 Notice of Appeal - Final Judgment, 886 Notice of Appeal - Final Judgment, USCA Case Number 06-5015-cr(L), 06-5031-cr(con), 06-5093-cr(Con), 06-5131-cr(con), 06-5135-cr(con), 06-5143-cr(con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED and REMANDED for resentencing in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 2/23/2010. (nd) (Entered: 02/24/2010)
02/24/2010 Transmission of USCA Mandate/Order to the District Judge re: 997 USCA Mandate. (nd) (Entered: 02/24/2010)
02/24/2010998 NOTICE OF ATTORNEY APPEARANCE Andrew Seth Dember appearing for USA. (Attachments: # 1 Notice of appearance)(Dember, Andrew) (Entered: 02/24/2010)
02/24/2010999 ORDER: As to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry Because the Government advises the mandate has issued, the parties should proceed expeditiously with the preparations for sentencing. The Probation Department should complete a preliminary updated presentence report to be sent to the parties by April 9, 2010. The final presentence report should be submitted to the Court by April 23, 2010 to allow the Probation Department to consider any objections the parties may have. The parties' sentencing submissions are to be simultaneously submitted and are due by May 21, 2010. The parties' replies are due by June 4, 2010. Sentencing is scheduled for June 29, 2010 at 4:30 p.m. While the Government sought a conference, the Court sees no need for a conference. The dates are based on the times in the prior schedule. If there is a problem, the parties should advise the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 2/24/2010)(dnd) (Entered: 02/24/2010)
03/03/20101001 ORDER: As to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. In response to the defense request for an adjournment reflected in the attached correspondence, the Court will adjust the schedule modestly to accommodate the trial schedule of defense counsel and the need to address any additional issues: 1. June 4, 2010: Time for the defendant and the Governmentto make sentencing submissions. 2. June 21, 2010: Time for both parties to make responsive submissions. 3. July 15, 2010, at 2:30 p.m.: Sentence Date.The schedule provides a fair procedure and ample time for preparation and submission of papers. SO ORDERED. (Signed by Judge John G. Koeltl on 3/3/2010)(dnd) (Entered: 03/03/2010)
04/27/2010 Appeal Record Returned. Indexed record on Appeal Files as to Ahmed Abdel Sattar, Mohammed Yousry re: Appeal Record Sent to USCA - File, USCA Case Number 06-5015-cr, returned from the U.S. Court of Appeals. [28 volumes of records returned]. (nd) (Entered: 04/29/2010)
05/25/20101003 SEALED DOCUMENT placed in vault. (cb) (Entered: 05/25/2010)
05/25/20101004 SEALED DOCUMENT placed in vault. (cb) (Entered: 05/25/2010)
05/25/20101005 SEALED DOCUMENT placed in vault. (nm) (Entered: 05/25/2010)
05/25/20101006 SEALED DOCUMENT placed in vault. (cb) (Entered: 05/25/2010)
06/08/20101007 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/08/2010)
06/08/20101008 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/08/2010)
06/08/20101009 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/08/2010)
06/11/20101010 SENTENCING MEMORANDUM by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (Maimin, Michael) (Entered: 06/11/2010)
06/14/20101013 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/14/2010)
06/15/20101014 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/15/2010)
06/23/20101016 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/23/2010)
06/25/20101017 SENTENCING MEMORANDUM by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (Maimin, Michael) (Entered: 06/25/2010)
06/26/20101018 SENTENCING MEMORANDUM by Lynne Stewart as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (Fink, Elizabeth) (Entered: 06/26/2010)
07/07/20101021 SEALED DOCUMENT placed in vault. (cb) (Entered: 07/07/2010)
07/07/20101022 SEALED DOCUMENT placed in vault. (cb) (Entered: 07/08/2010)
07/14/20101026 SEALED DOCUMENT placed in vault. (cb) (Entered: 07/14/2010)
07/14/20101027 SEALED DOCUMENT placed in vault. (cb) (Entered: 07/14/2010)
07/16/20101030 ORDER as to Ahmed Abdel Sattar, Mohammed Yousry. As stated on the record at today's sentencing, no resentencing of defendants Sattar and Yousry is required and no party has requested that they be resentenced. Therefore, the original judgments as to those defendants are affirmed. The parties should advise the Court if any further action is necessary in regard to those defendants. SO ORDERED. (Signed by Judge John G. Koeltl on 7/15/2010)(ja) (Entered: 07/16/2010)
08/04/20101042 SEALED DOCUMENT placed in vault. (cb) (Entered: 08/05/2010)
09/29/20101046 SEALED DOCUMENT placed in vault. (nm) (Entered: 09/29/2010)
10/06/20101047 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/06/2010)
11/02/20101048 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/02/2010)
05/14/20131053 SEALED DOCUMENT placed in vault. (nm) (Entered: 05/14/2013)
05/20/20131055 SEALED DOCUMENT placed in vault. (mps) (Entered: 05/20/2013)
06/04/20131057 SEALED DOCUMENT placed in vault. (mps) (Entered: 06/04/2013)
06/19/20131059 SEALED DOCUMENT placed in vault. (mps) (Entered: 06/19/2013)
08/01/20131061 SEALED DOCUMENT placed in vault. (mps) (Entered: 08/01/2013)
08/06/20131063 MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re MOTION to Vacate under 28 U.S.C. 2255. Memorandum of Law of the United States of America In Opposition to Petitioner Lynne F. Stewart's Motion to Reduce, Modify, or Vacate Sentence and For Other Equitable Relief Pursuant to 28 U.S.C. 2255 and 18 U.S.C. 3582 (Dember, Andrew) (Entered: 08/06/2013)
08/22/20131076 MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re 1072 MOTION to Alter Judgment.. Memorandum of Law of the United States of America in Opposition to Lynne Stewart's Motion Pursuant to Fed. R. Civ. P. 59(e) To Alter or Amend the Judgment, or Alternatively Pursuant to Fed. R. Civ. P. 60(b)(6) to Set Aside the Judgment (Dember, Andrew) (Entered: 08/22/2013)
12/31/20131081  MOTION to Reduce Sentence as to Lynne Stewart. Document filed by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (McGinley, Ian) (Entered: 12/31/2013)
05/14/20201084  MOTION to Reduce Sentence . Document filed by Ahmed Abdel Sattar. Return Date set for 6/4/2020 at 09:00 AM. (Manley, Kathy) (Entered: 05/14/2020)
05/14/20201085 MEMORANDUM in Support by Ahmed Abdel Sattar re 1084 MOTION to Reduce Sentence .. (Attachments: # 1 Exhibit A Doctor Affidavit, # 2 Exhibit B Application to Warden, # 3 Exhibit C Institutional History)(Manley, Kathy) (Entered: 05/14/2020)
05/14/20201086 ORDER as to Ahmed Abdel Sattar. The Government should respond to the motion for compassionate release by May 29, 2020. The defendant may reply by June 9, 2020 (Defendant Replies due by 6/9/2020., Government Responses due by 5/29/2020) (Signed by Judge John G. Koeltl on 5/14/2020)(jw) (Entered: 05/14/2020)
05/29/20201087 MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar re 1084 MOTION to Reduce Sentence .. (Attachments: # 1 Exhibit Exhibit A)(Maimin, Michael) (Entered: 05/29/2020)
06/08/20201088  REPLY MEMORANDUM OF LAW in Support as to Ahmed Abdel Sattar re: 1084 MOTION to Reduce Sentence . . (Manley, Kathy) (Entered: 06/08/2020)
06/17/20201089 OPINION AND ORDER as to Ahmed Abdel Sattar: The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. The defendant's application for a reduction in his sentence pursuant to 18 U.S.C. ยง 3582(c) (1)(A) is denied. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/16/2020) (lnl) (Entered: 06/17/2020)


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