Case: 3:15-cr-00358-JZ Doc #: 1 Filed: 09/30/15 1 of 72. PageID #: 1
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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

C~ENl5 CR 358 WESTERN DIVISION

UNITED STATES OF AMERICA,.

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Plaintiff,

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J JUDGE

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v.

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YAHYA FAROOQ MOHAMMAD,

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INDICTMENT

IBRAHIM ZUBAIR MOHAMMAD,

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18 U.S.C. § 2339A; § 1349;

ASIF AHMED SALIM, AND

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§ 1512(k); and§ 2.

SULTANE ROOME SALIM,

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Defendants.

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GENERAL ALLEGATIONS

The Grand Jury charges:

CO-CONSPIRATORS

1. At all times relevant to this Indictment, YAHYA FAROOQ MOHAMMAD

(hereinafter "FAROOQ MOHAMMAD") was a citizen oflndia. From in or around 2002 to in

or around 2004, FAROOQ MOHAMMAD was an engineering student at The Ohio State

University in Columbus, Ohio. Since in or around 2004, FAROOQ MOHAMMAD has been a

resident of the United Arab Emirates. In or around March 2008, FAROOQ MOHAMMAD

visited the United States and married a United States citizen.

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2. At all times relevant to this Indictment, IBRAHIM ZUBAIR MOHAMMAD (hereinafter "IBRAHIM MOHAMMAD") was a citizen of India and the brother ofFAROOQ MOHAMMAD: From in or around 2001 to in or around 2005, IBRAHIM MOHAMMAD was an engineering student at The University of Illinois in Urbana-Champaign, Illinois. In or around 2006, IBRAHIM MOHAMMAD became a resident of the Toledo, Ohio. In or around 2006, IBRAHIM MOHAMMAD manied a United States citizen. In or around 2007, IBRAHIM MOHAMMAD became a Lawful Permanent Resident of the United States.
3. At all times relevant to this Indictment, ASIF AHMED SALIM (hereinafter "ASIF SALIM") was a citizen of the United States. From in or around 2000 to in or around 2005, ASIF SALIM was a student at The Ohio State University in Columbus, Ohio. In or around 2007, ASIF SALIM became a resident of Overland Park, Kansas. Since in or around August 2011, ASIF SALIM has been a resident of the United Arab Emirates.
4. At all times relevant to this Indictment, SULTANE ROOME SALIM (hereinafter "SULTANE SALIM") was a citizen of the United States and the brother of ASIF SALIM. From in or around 2006 to in or around 2012, SULTANE SALIM was a resident of the Chicago, Illinois area. Since in or around 2012, SULTANE SALIM has been a resident of the Columbus, Ohio area.
5. At all times relevant to this Indictment, an individual known to the Grand Jury (hereinafter "Unindicted Co-Conspirator #1") was a citizen of the United States. From in or around 2000 to in or around 2004, Unindicted Co-Conspirator#1 was an engineering student at The Ohio State University in Columbus, Ohio. From in or around June 2008 to in or around September 2009, Unindicted Co-Conspirator#1 resided outside the United States in Malaysia
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and Egypt. Since in or around September 2009, Unindicted Co-Conspirator #1 has been a resident of Columbus, Ohio.
6. From at least as early as in or around December 2008 to in or around December 2009, an individual known to the Grand Jury (hereinafter "Unindicted Co-Conspirator #2") was a resident of the United Arab Emirates.
7. At all times relevant to this Indictment, an individual known to the Grand Jury (hereinafter "Unindicted Co-Conspirator #3")was a resident of the United Arab Emirates.
FOREIGN TERRORIST ORGANIZATIONS 8. Al-Qa'ida (a.k.a. al-Qaeda) was designated by the Secretary of State as a Foreign Tenorist Organization, pursuant to Section 219 of the Immigration and Nationality Act, on or about October 8, 1999, and has remained so designated since that date. Accordingly, donations of money or other forms of material support to Al-Qa'ida were and are prohibited. 9. Al Qaeda in the Arabian Peninsula ("AQAP") was designated by the Secretary of State as a Foreign Tenorist Organization, pursuant to Section 219 of the Immigration and Nationality Act, on or about January 19, 2010, and has remained so designated since that time. Accordingly, donations of money or other forms of material support to AQAP were and are prohibited. I 0. Al-Shabaab (a.k.a. al-Shabab, aka Shabaab) was designated by the Secretary of State as a Foreign Terrorist Organization, pursuant to Section 219 of the Immigration and Nationality Act, on or about February 26, 2008, and has remained so designated since that date. Accordingly, donations of money or other forms of material support to Al-Shabaab were and are prohibited.
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ANWAR AL-AWLAKI 11. At all times relevant to this Indictment, Anwar Al-Aw1aki (a.k.a. Anwar AI Aulaqi) hereinafter,. "Awlaki") was a dual citizen of the United States and the Republic of Yemen (hereinafter, "Yemen"). From in or around 2004 to 2011, Awlaki was a resident of Yemen. Awlaki used the Intemet to post sermons and blog entries in which he justified conducting violent jihad against the United States, United States citizens, and United States military personnel, and attempted to radicalize and recruit followers to engage in violent jihad. On or about July 16, 2010, the United States Department of Treasury announced that Awlaki had been specially designated as a global terrorist under Executive Order 13224 as a "key leader" of AQAP and for "supporting acts of terrorism and for acting for or on behalf of AQAP." On or about September 30,2011, Awlaki was killed in Yemen.
44 WAYS OF SUPPORTING JlliAD 12. On or about Januaxy 5, 2009, Awlalci posted a blog entry entitled "44 Ways of Suppmiing Jihad" to his website. In this blog entry, which included links to a document entitled "44 Ways of Supporting Jihad," Awlaki stated, "This is an article I wrote a while back. I am releasing it now because of all what is happening in Gaza. We need to fullfill [sic] om duties as Muslims to defend our religionand land." In the document "44 Ways of Supporting Jihad," Awlaki stated "In times like these, :when Muslim lands axe occupied by the kuffar [non-believers in Islam], when the jails of tyrants are full of Muslim POWs, when the rule of the law of Allah is absent ii"mn this world and when Islam is being attacked in order to uproot it, Jihad becomes obligatory on every Muslim... Again, the point needs to be stressed: Jihad today is obligatory on every capable Muslim... it is yom duty to find ways to practice it and suppmi it." Awlaki then listed 44 ways to suppmi jihad, including:
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a. Having the right intention: Awlaki stated, "Yau must make the intentions of joining the ranks of the mujahideen. The Messenger of Allah says: 'Whoever dies and has not fought or intended to fight has died on a branch of hypocrisy;"'
b. Praying to Allah to award you with martyrdom: Awlald stated, "Asking Allah to die as a shaheed [martyr] pleases Allah because it shows him that you are willing to give your life for him. But you need to be careful not to be merely paying lip service. A person who truly asks for shahadah [martyrdom] would respond to the call of Jihad whenever he hears it and would eagerly search for death in the path of Allah... Our culture 0f martyrdom needs to be revived because the enemy of Allah fears nothing more than our love of death;"
c. Jihad with your wealth: Awlaki stated, "The financial Jihad has preceded the physical Jihad in every verse except one. This is to point out to us the importance of the Jihad of wealth because Jihad depends on it: In other words, no money[,] no Jihad, and Jihad needs lots of it. .. Probably the most important contribution the Muslims of the West could do for Jihad is J):laldng Jihad with their wealth since in many cases the mujal1ideen are in need of money more than they are in need of men. As Sheikh . Abdullah Azzan1 puts it: 'Men are in need of Jihad and Jihad is in need of money;'"
d. Ftmdraising for the mujahideen: Awlaki stated, "In addition to paying from your own money you should also encourage others to do the same;"
e. · Fighting the lies .of the Western Media: Awlaki stated, "The perceptions of many Muslims are formed by the Western media... this media demonizes the mujahideen... So my dear brothers and sisters part of your duty is to campaign amongst
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Muslims to raise their awareness regarding this issue. You should encourage them to be

careful and critical of the Western media;"

f.

Protecting the mujahideen and preserving their secrets: Awlaki stated,

"We need to guard our tongues ... A Muslim should develop the habit of being able to

keep secrets ... A Muslim should learn not to say more than what needs to be said, to

work on a 'need to !mow basis.' A lot of Jihad work is secret and clandestine by nature.

Therefore, brothers and sisters should be very careful with their words. A lot of harm

was inflicted on Jihad work because of otherwise good and sincere brothers who had

loose tongues;"

g. Following the news of Jihad and spreading it: Awlaki stated, "Following

the news of Jihad and tl1e mujahideen is important because it keeps your attaclnnent to

Jihad alive... It encourages you to join Jihad... The news of Jihad is the news of the

conflict between good and evil...;"

h. Spreading the writings of the mujahideen and their scholars: Awlaki

stated, "There are plenty of scholars and strategic thinkers who are supporters of Jihad

today. The problem is that because they are on the true path most ofiliem are killed,

jailed or forced to go underground." Awlaki then suggested meiliods to spread this

information, including posting material online, setting up websites to publish tl1e

material, guiding others to the material, and establishing email lists;

1.

Physical fitness: Awlaki stated, "Physical fitness is part of the preparation

for Jihad. What Jihad needs is not body builders. What Jihad needs is mujahideen who

have the ability to walk for long hours, to run for long distances (important for guerilla

warfare), to sprint (important for urban warfare), and to climb mountains;"

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J.

Developing the Aqeedah [Creed] ofWalaa' [Loyalty to Islam] and Baraa'

[Animosity to Non-believers in Islam]: Awlaki stated, "The mnjahid should have a clear

nnderstanding of what it means to be loyal to Allah, His Messenger and the believers and .

declaring animosity towards the disbelievers... ·The hatred ofknffar [non-believers] is a

central element of onr military creed. We need to realize that Allah will not grant ns

victory as long as we still have some love towards his enemies in onr hearts;"

k. WWW Jihad: Awlaki stated, "The internet has become a great medium

for spreading the call of Jihad and following the news of the muj ahideen." Awlaki then

suggested methods to become "internet mujahideen," including establishing discussion

forums, email lists, websites to cover specific areas of Jihad, and posting or emailing

Jihad literature and news;

1. Nasheeds: Awlaki stated, "Muslims need to be inspired to practice

Jihad ... Nasheeds are an important element in creating a 'Jihad culture."' A "nasheed"

(plural form: "anasheed") is an Islamic song, the lyrics of which typically reference

religious events, history, or current events.

ADDITIONAL AWLAK.I BLOG ENTRIES

13. On or about November 3, 2008, Awlaki posted a blog entry entitled "Part 2:

Voting for the American President" to his website. In this blog entry, Awlaki stated, "The US is

in a state of war with Islam and Muslims and not just against the so called extremists ... It is a

duty upon us Muslims to strive through Jihad to establish the Islan1ic Khilafah again... "

14. On or about December 21,2008, Awlaki posted a blog entry entitled "Salutations

to al-Shabab of Somalia" to his website. In this blog entry, Awlaki stated, "Al-Shabab not only

have succeeded in expanding the areas that fall nnder their rule but they have succeeded in

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implementing the sharia [Islamic law] and giving us a living example of how we as Muslims should proceed to change our situation. The ballot has failed us but the bullet has not...-The university of Somalia will graduate an alumni ofjudges, administrators, enjoiners of good and forbiders [sic] of evil, capable and tested leaders, teachers, imams, and fighters who are hardened by the field and ready to cany on with no fear and hesitation. It will provide its graduates with the hands-on experience that the ununah [worldwide Muslim community] greatly needs for its · next stage. But their success depends on your support. It is the responsibility of the urrunah to help them with men and money... Dear brothers may Allah guide you and grant you victory. Only Allah knows that ifmy circumstances would have allowed I would not have hesitated in joining you and being a soldier in your ranks."
15. On or about December 27, 2008, Awlaki posted a blog entry entitled "al-Shabab: Reply to the Greeting and Advice of Sheikh Anwar" to his website. This blog entry posted a letter sent to Awlaki by "Shabab Al-Mujahidin" and stated, "0 beloved Sheikh Anwar, We ask Allah to reward you for your encouragement and words of advice. Your words have reached us and, by the will of Allah, we will benefit from your recommendations. The enemies of Islam are increasing their efforts more and more these days and are directing more attention to the media battle and the battle for the 'hearts and minds.' ... 0 Sheikh, we would not only look at you as only a soldier, but as the likes oflbn Taymiya during the trials of the Ta'tars."
16. On or about December 31, 2008, Awlaki posted a blog entry entitled "A New Year: Reality and Aspirations" to his website. In this blog entry, Awlaki stated, "We are living in special, dangerous and trialing times. The youth of the ummah need to rise to the occasion... Allah wants victory for this ummah and Allah is preparing the means for that. Let[us] not sit on the sidelines. Lets be part of that victory."
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17. On or about January 22, 2009, Awlaki posted a blog entry entitled "Suicide or Martyrdom?" to his website. In this blog entry, Awlaki provided historical evidence in support of the position that suicide attacks constitute achieving Islamic martyrdom. Awlaki stated, "Today the world turns upside down when one Muslim performs a martyrdom operation. Can you imagine what would happen if that is done by seven hundred Muslims on the same day?! Brothers and sisters whether you agree or not with mmiyrdom operations let's leave our .differences behind us, and let us support om·Muslim brothers who are in the frontlines. Just like we disagree on many otl1er issues, we should not let om disagreements stand in the way of om solidarity in the face of om adversaries."
18. On or about January 30,2009, Awlaki posted a blog entry entitled "Two Muslim· Women Raped by CIA Station Chief in Algeria" to his website. In the b1og entry, Awlaki quoted from news reports about the temoval of a CIA official from au overseas posting for sexually assaulting two women. In commentary following the miicle, Awlaki stated, 'The offices, residences, and gathering places of these imperial American officials usually attract the scum of the emih just like feces would attract flies. The American soldiers have spread their filth in Thailand, the Philippines and now in Iraq." Awlalci fi.uiher stated, in sum and substance, that the govennnents of Muslim countTies and "Green Zone Scholars" are "boot cleaners" and "boot lickers" for the United States. At the end of the blog entry, Awlaki stated, "May Allah destroy you all!"
19. On or about February 12, 2009, Awlaki posted a blog entry entitled "Tawfique Chowdhmy's Alliance with the West" to his website. In the blog entry, Awlaki stated, in smn and substm1ce, that he had read an article by Tawfique Chowdhmy, a Muslim scholar. Awlaki stated in the blog entry: "I pray that Allah destroys America and all its allies and the day that
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happens, and I assure yol.l it will and sooner than you think, I will be very pleased... Whoever is betting today on America is betting on the wrong horse."
20. On or about August 1, 2009, Awlaki posted an entry entitled "The Army of Yemen Confronts the Mujahideen" to his website. In the blog entry, Awlaki stated, "In the first confrontation between the government of Yemen and the mujahideen, the government suffered a humiliating defeat. The fight began between a military convoy and one of the mujahideen in the area ofMarib. The convoy was made up of tanks, miillery, mmored vehicles and foot soldiers ... The fight stmied at noon July 30th and ended at sunset. The result of the battle was five destroyed tanks, two mmored vehicles, at least 3 soldiers killed and five soldiers taken prisoners ... Casualties alllongst the ranks of the mujahideen: None... The frrst face to face frght between the mmy and the mujahideen ended in a resounding victory for the mujahideen... May this be the beginning of the greatest Jihad, the Jihad of the Arabian Peninsula that would free the hemi of the Isl=ic world from the tyrants who are deceiving the urnrnah and standing between us and victory."
FORT HOOD SHOOTING 21. On or about November 5, 2009, U.S. Army Major Nidal Malik Hasan killed thitieen (13) and wounded thirty (30) U.S. militmy members prepming for deployment to Afghanistan at Fort Hood, Texas. 22. On or about November 9, 2009, Awlaki posted a11 entry entitled "Nidal Hassan Did the Right Thing" to his website. In the blog entry, Awlaki stated, "Nidal Hassan is a hero. He is a man of conscience who could not bear living the contradiction of being a Muslim m1d serving in an army that is fighting against his own people... The US is leading the wm against terrorism which in reality is a wm against Islam. Its m·my is directly invading two Muslim
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countries and indirectly occupying the rest tlnough its stooges. Nidal opened fire on soldiers who were ·on their way to be deployed to Iraq and Afghanistan. How can there be any dispute about the virtue of what he has done? In fact the only way a Muslim could Islamically justify
serving as a soldier in the US army is if his intention is to follow the footsteps of men like
Nidal. .. The fact that fighting against the US army is an Islamic duty today cannot be disputed. No scholar with a grain oflslamic knowledge can defy the clear cut proofs that Muslims today have the right- rather the duty- to fight against American tyramw. Nidal has killed soldiers who were about to be deployed to Iraq and Afghanistan in order to kill Muslims. The American Muslims who condemned his actions have committed treason against the Muslim Ummah and have fallen into hypocrisy... May Allah grant our brother Nidal patience, perseverance and steadfastness and we ask Allah to accept from him his great heroic act."
ATTEMPTED DESTRUCTION OF FLIGHT 253 23. On or about December 25, 2009, Umar Farouk Abdulmutallab attempted to destroy an aircraft, specifically Northwest Airlines Flight 253, above Detroit, Michigan. 24. On or about February 7, 2010, Awlaki was interviewed by a news media outlet regarding Umar Farouk Abdulmutallab. In this interview, Awlalci stated, "I support what Umar Farouk [Abdulmutallab] has done after I have been seeing my brothers being killed in Palestine for more than 60 years, and others being killed in Iraq and in Afghanistan. And in my tribe too, US missiles have killed 17 women and 23 chilch-en, so do not ask me if al-Qaeda has killed or blown up a US civil jet after all this. The 300 Americans are nothing comparing to the thousands of Muslims who have been killed ... It would have been better if the plane was a military one or if it was a US military target. Al-Qaeda organization has its options, and the American people live [in] a democratic system and that is why they are held responsible for their policies... I want
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to draw these scholars' attention to the fact that there are US officers, whether intelligence or army officers, now in Sanaa and other areas, and this is US intervention. Why do not these scholars issue fatwas to kill these officers? They are spying, killing and training Yemeni soldiers to kill." .
COUNT ONE (Conspiracy to Provide and Conceal Material Support and Resources to Terrorists)
The Grand Jury further charges: 25. The allegations of paragraphs I through 24 of this Indictment are re-alleged and incorporated as if fully rewritten herein. 26. From an exact date unknown, but at least as early as on or about January I, 2005, and continuing until in or around January 2012, in the Northern District of Ohio, and elsewhere, the defendants YAHYA FAROOQ MOHAMMAD, IBRAHIM ZUBAIR MOHAMMAD, ASIF AHMED SALIM, and SULTANE ROOME SALIM did knowingly and intentionally combine, conspire and agree with and among each other, and with and among others known and unknown to the Grand Jury, to provide material support and resources, and to conceal and disguise the nature, location, source, and ownership of material support and resources, to wit: property and services, including currency and monetary instruments, tangible property, services, and expert advice and assistance, knowing and intending that they were to be used in preparationfor, and in carrying out, violations of Title 18, United States Code, Sections 1114 (killing of officers and employees of the United States), 2332 (killing of U.S. nationals), and 2332b (acts ofterrorism transcending national boundaries).
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Object of the Conspiracy 27. It was the object of the conspiracy for the defendants, FAROOQ MOHAMMAD, IBRAHIM MOHAMMAD, ASIF SALIM, and SULTANE SALIM to provide material support and resources to Anwar Al-Awlaki, and to conceal and disguise the nature, location, source, and ownership ofmaterial support and resources provided to Awlaki, to wit, currency and monetary instruments, tangible property, services, and expert advice and assistance, knowing and intending that they were to be used in preparation for, and in canying out, "violent jihad" against the United States and United States military in Iraq, Afghanistan, and throughout the world, to wit, violations of Title 18, United States Code, Sections 1114 (killing of officers and employees of the United States), 2332 (killing of U.S. nationals), 2332b (acts oftenorism transcending national boundaries), and 2339C (financing terrorism) by Awlald and others.
Manner and Means 28. It was part of the conspiracy that the defendants, FAROOQ MOHAMMAD, IBRAHIM MOHAMMAD, ASIF SALIM, and SULTANE SALIM, agreed and concluded, individually and with at least one other co-conspirator, that they were obligated to participate in "violent jihad" against the United States and the United States military in Iraq, Afghanistan, and throughout the world. 29. It was a fmiher pmi of the conspiracy that the defendants, FAROOQ MOHAMMAD, IBRAHIM MOHAMMAD, ASIF SALIM, and SULTANE SALIM agreed to provide and did provide funds, equipment, and expe1i advice and assistance to Anwar Al-Awlald to be nsed in furtherance of"violentjihad" against the United States and the United States 1nilitary in Iraq, Afghanistan, and thronghont the world.
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30. It was a further part of the conspiracy that one or more of the co-conspirators discussed, planned, and prepared travel to Yemen, and then traveled to Yemen, in order to meet with Awlaki.
31. It was a finiher part of the conspiracy that one or more of the co-conspirators collected, solicited, and raised funds, both in the United States and elsewhere, to provide to Awlaki in support of"violentjihad" against the United States and the United States military in Afghanistan, Iraq, and throughout the world.
32. It was a finiher part of the conspiracy that one or more of the co-conspirators discussed, planned, and engaged in fraudulent financial transactions in the United States in order to obtain funds to support "violent jihad" against the United States and the United States military in Afghanistan, Iraq, and throughout the world. These transactions included incurring credit card charges without intending to make required payments and taking steps to evade collection efforts.
33. It was a further part of the conspiracy that one or more of the co-conspirators transferred and arranged the transfer of funds to be provided to Awlaki from the United States to individuals in the United Arab Emirates in a manner designed to conceal the movement of the funds.
34. It was a further pa1i of the conspiracy that one or more of the co-conspirators followed, researched, read, disseminated, distributed, and promoted materials, information, and media advocating "violent jihad" against the United States and the United States military in Afghanistan, Iraq, and throughout the world; mate1ials describing te!Torist groups engaged in "violent jihad" against the United States; and materials created, written, and published by Awlaki advocating "violent jihad" against the United States.
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35. It was a further part of the conspiracy that one or more of the co-conspirators attempted to conceal the conspiracy and their activities in furtherance of the conspiracy by using coded communications; by obscuring the names of individuals and places; by using partial names, initials and acronyms; by fraudulently altering immigration and identification documents in order to obtain items, including SIM cards for cellular telephones, under false and fictitious names for use during travel to Yemen; by communicating using "blind carbon copied" emails and password-protected websites; and by deleting email connnunications detailing their associations and activities.
36. It was a fmiher part of the conspiracy that one or more of the co-conspirators attempted to conceal the conspiracy and their activities in furtherance of the conspiracy by making false statements, including omitting material facts, to govermnent agents and officials. It was a further pali of the conspiracy that one or more of the co-conspirators communicated to other co-conspirators a false cover story in order to provide an innocent explanation for fmancial transactions that were, in truth, the provision of funds to suppoli "violent jihad'' against the United States and the United States military in Afghanistan, Iraq, and throughout the world.
Acts in Furtherance of the Conspiracy 37. In furtherance of the conspiracy and in order to effect its objects and conceal its existence, the co-conspirators committed one or more of the following acts in the Notihem District'of Ohio and elsewhere: 38. On or about Jannmy 31,2005, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "RE: Is Nationalism a disease in view of Islam?" In this email, FAROOQ MOHAMMAD stated, "The muslims there [in India] are our brothers. The non muslims om enemies. We do dawah [proselytize] to them in the best marmer.
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Butif they refuse, and when we have the capability, we offer them to live as dhimmis [nonMuslims under protection of Muslim law], or else face the sword. And we never have a subservient attitude towards them. There is a time for dawah and a time for (offensive) jihad, and ... this is clearly explained."
39. On or about February 25, 2005, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "RE: About taking up nationality of a kafir [nonbeliever] nation." In this email, IBRAHIM MOHAMMAD stated, "As far as which [country] is more evil, I think what is more important to look at is which country is most actively at war with Islam and that without doubt is the US."
40. On or about Janum-y 21, 2006, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Re: FW: Feds Consider Janmat a!-Tabligh Tenorist, Detain Arizona Doctor After Hajj." In this email, FAROOQ MOHAMMAD stated, "like I said emlier, the kuffar [non-believers in Islam] don't cme whether you're a sunni, shia... or whatever.. when the time comes they wmma kill them all alike."
'
41. On or about April21, 2006, IBRAHIM MOHAMMAD sent an email to an identified individual, !mown to the Grand Jury, with the subject line "Re: questionnaire." In this email, IBRAHIM MOHAMMAD responded to a list of questions. In response to a question about whether he has a favorite quote, IBRAHIM MOHAMMAD stated, "I don't usually retain them, but there was one I hem·d recently said by Sayid Qutb, he said 'our words me dead, until we give life to them with our blood', the words of a true shaheed [mmtyr]."
42. On or about Aplil29, 2006, IBRAHIM MOHAMMAD sent an email to an identified distribution group with the subject line "Nasheed." In this email, IBRAHIM MOHAMMAD provided a link to an identified website, known to the Grand Jury and registered
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to FAROOQ MOHAMMAD (hereinafter, "Website 1"), where IBRAHIM MOHAMMAD had uploaded a file entitled "ghareb.rm." In this email, IBRAHIM MOHAMMAD provided the text of the nasheed, including the following: "If you ask about us, then we do not care about the tyrants, We are the regt\lar soldiers of Allah, our path is a reserved path... So let us make jihad,

and battle, and fight from the start... this is how they are free in the enslaved world."

43. On or about July 19,2006, FAROOQ MOHAMMAD sent an email to an identified individual, known to the Grand Jury, with the subject line "New lecture by Anwar AlAwlaki;" Unindicted Co-Conspirator #I was blind carbon-copied (hereinafter, "bcc'd") to this email. In this email, FAROOQ MOHAMMAD stated, "An excellent lectme by Shaykh Anwar AI-Awlaki, he talks abouthow Allaah is preparing us for victory in our times ... a recent lecture in which he talks about present day issues as the danish cartoons issue and the situation in Iraq."

. The email provided a link to Website 1, where a file entitled "Preparation for Victory" had been

uploaded. 44.

On or about July 24, 2006, FAROOQ MOHAMMAD sent an email to Unindicted

Co-Conspirator #1 with the subject line "Hijrah-Lectme by Anwar Al-Awlaki." In this email,

· FAROOQ MOHAMMAD stated, "Anwar Al-Awlaki's lectme on Hijrah." The email provided a link to Website I, with the name "ibrahim" included in the specific website address, where a file

entitled "hijra_vOI" had been uploaded. 45. On or aboutAprill5, 2007, IBRAHIM MOHAMMAD sent an email to an

identified distribution group. In this email, IBRAHIM MOHAMMAD provided a link to a video and stated, "lectme about the Chechenjihad. The story... is amazing." In this email, IBRAHIM MOHAMMAD's signatme block provided the following quote from Abdullah Azzam: "The life

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of the Mu~lim Ummah [worldwide Mu~lim community] i~ ~olely dependent on the ink ofit's [sic} scholars and the blood ofit's [sic} Martyrs." [emphasis in original].
46. On or about May 26,2007, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "book;" ASIF SALIM and Unindicted Co-Conspirator #I were bcc'd on this email. The email provided a link to Website I, where a file entitled "Book of a Mujahideen" had been uploaded.
47. On or about May 26,2007, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "the constants (transcribed);" ASIF SALIM and Unindicted Co-Conspirator #1 were bcc'd on this email. This email attached "Constants on the Path of Jihad," a 65-page transcription. of a lecture by Awlaki on the subject of "violent jihad."
48. On or about August 13, 2007, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "card." In this email, FAROOQ MOHAMMAD stated, "I applied for yet another card. they're giving me 5% back for three months. nice timing for me. keep an eye out for it will ya.''
49.. On or about August13, 2007, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD's earlier email and stated, "its not good to apply for too many cards. bad for your credit. but perhaps you don't care?'' .
50. On or about August 13, 2007, FAROOQ MOHAMMAD replied to IBRAHIM MOHAMMAD and stated, "haha, i don't except if someone convinces me that its ok to rip them off. then i'd want good credit, so i can get maxed out and disappear tllis would be the 3rd .. that doesn't sound too mnch."
51. On or about Angust 13,2007, IBRAHIM MOHAMMAD replied again to FAROOQ MOHAMMAD and stated, "btw, i you got a letter in the mail saying they've doubled
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your credit limit for your First American (or something) credit card. so looks like your credit is good so far."
52. On or about August 13, 2007, FAROOQ MOHAMMAD replied again to IBRAHIM MOHAMMAD and stated, "i really need to go fatwa [opinion from a Muslim scholar] shopping for that rip off thing...."
53. On or about Januaq 3, 2008, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "columbus." This email provided a link to an online news video entitled "Jihad in Central Ohio" and contained no additional comment.
54. On or about January 14, 2008, FAROOQ MOHAMMAD and IBRAHIM MOHAMMAD exchanged emails about IBRAHIM MOHAMMAD's efforts to raise money to purchase Islamic books for the prison library at the Toledo Correctional Institute. In one email, FAROOQ MOHAMMAD suggested that IBRAHIM MOHAMMAD "buy CDs of Anwar Awlaki" for the project. IBRAHIM MOHAMMAD replied by email that he "was thinking of that as well."
55. On or about January 29, 2008, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "Fw: Check out the abstract on this. You"ll [sic] laugh hard." In this email, IBRAHIM MOHAMMAD forwarded a link to a document entitled "Engineers of Jihad." The abstract of this paper stated, "We find that graduates from subjects such as science, engineering, and medicine me strongly ovenepresented among IslaJnist movements in the Muslim world, though not among the extremist Islamic groups which have emerged in Westem countries more recently. We also fmd that engineers alone me strongly overrepresented among graduates in violent gronps in both realms. This is all the more puzzling for
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engineers are virtually absent from left-wing violent extremists and only present rather than over-represented among right-wing extremists."
56. On or about January 30, 2008, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "a comment." In this email, FAROOQ MOHAMMAD included a comment from an online fonun discussing the paper "Engineers of Jihad." The comment, as provided by FAROOQ MOHAMMAD, stated, "Engineers are overrepresented in many groups of people who achieve tangible results. If you want books about politics and economics, go to those faculties. If you want electric light, sewers, drinking water, cheap travel or X-rays, ask an engineer. If you want something knocked down or blown up, ask an engineer. Away fiom the world of glowing pixels and dissertations on Proust there's m10ther world of people who know how to do stuff. Those people will always be over-represented if you . look at results and under-represented if you are interested in talk." Following this comment in the email, FAROOQ MOHAMMAD stated,":-) ... engineers rule."
57. On or about January 30,2008, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #1 with the subject line "Engineers and J word." In this email, FAROOQ MOHAMMAD stated, "Looks like they've found us out:)." The email also provided a link to an identified website, registered to FAROOQ MOHAMMAD, where a file entitled "Engineers of Jihad" had been uploaded.
58. On or about Janum·y 31,2008, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD and an identified individual, !mown to the Grand Jmy, with the subject line "Re: Fw: a comment." In this email, FAROOQ MOHAMMAD stated, "Thus their surprise m1d confusion when they see the 'terrorists' are highly educated m1d affluent. They may have the best researchers m1d psychologists, but they'll never figme it out lmtil they understand
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the concept of loving the [afterlife] more than the [material world]. The reason for educated people being over represented is simply as Allah... says ... : 'Those who truly fear Allah, among His Servants, are those who have knowledge.' As to. why engineers particularly are the majority, I don't know. But I do like that fact:)."
59. On or about February 17, 2008, FAROOQ MOHAMMAD sent an email to '
IBRAHIM MOHAMMAD with the subject line "atimes article." In this email, FAROOQ MOHAMMAD stated, "Did you read this" and provided a link to an online news article entitled "Al-Qaeda sets sight on the next battlefield." The article included an interview with an AI Qaeda member and detailed the tenorist organization's operations, strategy, intelligence apparatus, and plans to overtake the Pakistani government.
60. On or about February 27, 2008, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "nasheed." In this email, FAROOQ MOHAMMAD forwaxded a linlc to an online video entitled "Short Clips of Jihad Songs with English Translation." The video features four nasheeds, sung in Arabic, but with the English translations on display in the video. In this email, FAROOQ MOHAMMAD further stated, "can you send me the nasheed CD you gave me to listen while I was there? or a link/torrent to something."
61. On or about March 1, 2008, IBRAHIM MOHAMMAD sent an email to an identified distribution group with the subject line "Ahmad AJcAjmi Nasheed in Farsi." In this · email, IBRAHIM MOHAMMAD sent a linlc to an online video of the Afghani nasheed "Allahu Akbar" with an English translation of the lyrics, including the following: "we will fight, we will fight, united against super powers, be it russia or an1erica..."
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62. On or about March 2, 2008, FAROOQ MOHAMMAD replied to IBRAHIM MOHAMMAD and stated, "it's great. I listened to that before... "
63. On or about May 30, 2008, FAROOQ MOHAMMAD sent an email with the subject line, "[ibrahimzm@yahoo.com] that was addressed and copied to numerous individuals, including ASIF SALIM, Unindicted Co-Conspirator #1, and Unindicted Co-Conspirator #3. In the email, FAROOQ MOHAMMAD stated, "New blog mn by Anwar Al-Awlaki," and provided the web address for the blog.
64. On or about August 13, 2008, FAROOQ MOHAMMAD sent m1 email to an identified individual, known to the Grand Jury, with the subject line "Imam Anwar Awlaki's Islamic education;" ASIF SALIM was bcc'd on this email. The email contained a link to, and the text from, an Awlaki blog entry entitled "A Question From A Reader On My Islrunic Education." In this blog entry, Awlaki described his Islamic education and the sources of his academic credentials.
65. On or about August 31, 2008, FAROOQ MOHAMMAD sent an email to himself with the subject line "Establishing Khilafa [The Caliphate];" ASIF SALIM was bcc'd on this email. The email contained the text from an Awlaki blog entry entitled "Establishing Khilafa." In this blog entry, Awlaki stated, "Today the Muslim world is under occupation and the statements of our scholars are clem that it becomes [obligatory] on every able Muslim to fight to free the Muslim land. When something is [obligatory] it is [obligatory]. You carmot theorize or hypothesize otherwise ... So even if you do not believe Jihad to' be the way to establish khilafah you must agree that Jihad is [obligatmy] ... What I mean by Jihad here is not just picking up a gun alld fighting. Jihad is broader than that. What is meant by Jihad in this context is a total effort by the unmmh to fight ru1d defeat its enemy... Fight the disbelievers with your self, your
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wealth and your tongues. It is what Clausewitz would refer to as 'total war' but with the Islamic rules of engagement. It is a battle in the battlefield and a battlefor the hearts and minds of the people." On or about this same date, ASIF SALIM sent this email as a bee to SULTANE SALIM and another identified individual, known to the Grand Jury.
66. On or about August 31, 2008, SULTANE SALIM sent an email to ASIF SALIM with the subject line "the other side of the universe (coin)." Inthis email, SULTANE SALIM sent a quote from the president of an Islamic society in the United States praising the service of Muslim Americans in the federal govermnent and United States military. Below this quote, SULTANE SALIM stated, "she has taken what awlaki spoke against and shattered new barriers. It's one thing to say ballots over bullets to bring about positive change. it's another to say bullets for the believers."
67. On or about September 15, 2008, IBRAHIM MOHAMMAD sent an email to an identified distribution group with the subject line "Food Reviews fi"om Behind Bars." The email contained the complete text of an Awlaki blog post entitled "Food Reviews from Behind Bars: Eve1ihing [sic] Else," which was posted to the Awlaki website on or about this same date.
68. On or about September 15, 2008, in commentary to tl1e Awlaki blog entry "Food Reviews fi·om Behind Bars: Everthing [sic] Else," IBRAHIM MOHAMMAD stated, in sum and substance, that the post reminded him of Western fund-raising dinners for the poor where leftovers are thrown away. IBRAHIM MOHAMMAD further stated, "May Allah bless this urnmali [worldwide Muslim connnunity] and elevate those who're truly struggling for it with their wealth and their souls."
69. On or about October 20, 2008, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD. In this email, FAROOQ MOHAMMAD stated, in sum and
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substance, that he wanted to ask an identified Islamic scholar, known to the Grand Jury, "ifl can max out my cards with hostile intent, and tell the US banks to take a hike. Regular Americans are gonna be doing this out of necessity soon anyways."
70. On or about November 7, 2008, Unindicted Co-Conspirator #3 sent an email to Unindicted Co-Conspirator #2, and another individual, known to the Grand Jury, in which Uninclicted Co-Conspirator #3 stated, "With regards to our trip to Yemen, I feel we should act now if we are to make it happen inshaAllah." The email also included flight schedules to Sanaa, Yemen, and suggested the trip take place on December 4. The purpose of the proposed trip was to meet with Awlaki.
71. On or about November 8, 2008, Unindicted Co-Conspirator #2 replied to the email sent by Unindicted Co-Conspirator #3 on November 7, 2008, and agreed with the proposed date for travel to Yemen.
72. On or about November 9, 2008, Unindicted Co-Conspirator #3 replied to the email sent by Unindicted Co-Conspirator #2's on November 8, 2008. In the email, Unindicted Co-Conspirator #3 asked Unindicted Co-Conspirator #2, " ... since your [sic] have been in touch with the Sheikh [Awlaki] so far, can you please see if he can make time for us in Sanaa on 5th December? A full day would be memorable inshaAllah! !"
73. On or about November 9, 2008, Unindicted Co-Conspirator #2 replied to the email sent by Unindicted Co-Conspirator #3 on November 9, 2008. In the email, Unindicted CoConspirator #2 stated" ... will communicate with sheikh [Awlaki] regarding our plans.. anybody else interested in joining our team let me know."
74. On or about November 15, 2008, Unindicted Co-Conspirator #3 replied to the email sent by Unindicted Co-Conspirator #2 on November 10,2008. In the email, Unindicted
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Co-Conspirator #3 asked ifthere was "any news of whether Dec 5th is OK for the Sheikh [Awlaki]?"
75. On or about November 17,2008, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "financial terrorism;" Unindicted CoConspirator #l was bcc'd on this email. FAROOQ MOHAMMAD stated in the email, "probably nsfW ["not safe for work"]. talk about head bouncing down capitol's steps. good stuff." The email also contained a link to a youtube video.
76. On or about November 21, 23, and 25,2008, Unindicted Co-Conspirator #2 and . Unindicted Co-Conspirator #3 exchanged emails about their planned trip to Yemen to meet with Awlaki. In an email on November 23, 2008, Unindicted Co-Conspirator #2 stated, "Didn't call
.
up sheikh [Awlaki] yet." By the end ofthe exchange of emails, they had settled on December. ll, 2008, for their flight.
77. In or around December 2008, Unindicted Co-Conspirator #2 travelled from the United Arab Emirates to Yemen. While in Yemen, Unindicted Co-Conspirator #2 met in person with Awlaki.
78. On or about December 18, 2008, FAROOQ MOHAMMAD caused Paypal to charge his American Express credit card, account ending in 61003, in the amount of $3091.05 U.S. Dollars (hereinafter, "USD"). This charge was made by, and transferred to, the Paypal account held by IBRAHIM MOHAMMAD for purported "professional services."
79. On or about December 19, 2008, funds in the amount of $3032.99 USD were withdrawn from a Paypal account held by IBRAHIM MOHAMMAD and deposited into a National City Bank checking account, ending 6743, held by IBRAHIM MOHAMMAD.
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80. On or about December 22, 2008, IBRAHIM MOHAMMAD caused a counter check in the amount of$3000 USD, payable to FAROOQ MOHAMMAD, to be issued from a National City Bank checking account, ending 6743, held by IBRAHIM MOHAMMAD.
81. On or about December 22, 2008, IBRAHIM MOHAMMAD deposited the check referred to in paragraph 80 into a National City Bank checking account, ending 6219, held by FAROOQ MOHAMMAD.
82. On or about December 23, 2008, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "nice." The email contained a link to a video entitled "Taliban Reciting Nasheed."
83. On or about December 24, 2008, IBRAHIIM MOHAMMAD sent an email to an individual, known to the Grand Jury, with the subject line "Re: beautiful nasheed." In this email, IBRAHIM MOHAMMAD stated, "as a matter of fact, i don't ususally [sic]listen to anasheed, only once in a while when i find something moving. most of the time i do listen to a nasheed, its something sung by one of our mujahideen brothers, and there's no difference of opinon [sic] as far as i know on the permissibility of singing anasheed in times of[war]." This email also contained a tmnslation of a nasheed fl-01n Urdu to English prepared by IBRAHIM MOHAMMAD.
84. On or about December 25, 2008, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD and Unindicted Co-Conspirator #1. In this email, FAROOQ MOHAMMAD stated, in sum and substance, that Awlaki was plauning to release the second volume of his "Medina" lecture series. FAROOQ MOHAMMAD fmiher stated, in sum and substance, a brother had just returned from Yemen. In this email, FAROOQ MOHAMMAD referred to Awlaki, as "sheikh a.a."
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85. On or about December 25, 2008, IBRAHIM MOHAMMAD responded to FAROOQ MOHAMMAD with a single word: "awesomeness."
86. On or about December 25, 2008, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "re: Turkish nasheed." The email contained a link to a video entitled "Chechnya Shaheed [Martyr] Jihad Islam Nasheed." At the beginning of the video, there is a statement in both English and Russian that the video is "dedicated to every brother who chose jihad in the name of Allah" and then quotes from the Quran. The video then features images of deceased, violent jihadists while a nasheed plays in the background. In this email, below the link to the video, IBRAHIM MOHAMMAD stated, "!mow anyone who can translate it?''
87. On or about December 29,2008, FAROOQ MOHAMMAD caused Paypal to charge his Citibank credit card, account ending in 1545, in the amount of $350 USD. T!Iis charge was made by, and transfened to, the Paypal account held by IBRAHIM MOHAMMAD.
88. On or about December 29, 2008, FAROOQ MOHAMMAD applied for, and was approved for, a credit card, account ending 0587, from JPMorganChase Bank. In the application for the credit card, FAROOQ MOHAMMAD falsely claimed his home address as that of IBRAHIM MOHAMMAD.
89. On ot about January 5, 2009, FAROOQ MOHAMMAD caused Paypal to charge his American Express credit card, account ending in 61003, in the amount of $3500 USD. This charge was made by, and transferred to, the Paypal account held by IBRAHIM MOHAMMAD for purported "professional services."
90. On or about January 6, 2009, FAROOQ MOHAMMAD sent a copy of Awlaki's "44 Ways of Supporting Jihad" to Unindicted Co-Conspirator #I.
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91. On or about January 6, 2009, FAROOQ MOHAMJ'vfAD solicited funds from Urrindicted Co-Conspirator #1 and stated, in sum and substance, the ftmds he was collecting were destined for Awlaki and were to be used for a "camp."
92. On or about January 6, 2009, IBRAHIM MOHAMMAD withdrew funds in the amount of $3660.75 USD from his Paypal account and deposited the funds into his National City Bank checking account, ending in 6743.
93. On or about January 6, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMl'vfAD with the subject line "anwar awlaki;" the etnail was bcc'd to Unindicted Co-Conspirator #1. In the email, FAROOQ MOHAMMAD stated, "you got to check latest," and provided a link to Awlaki's blog, where Awlaki had posted "44 Ways of Supporting Jihad" on Janum-y 5, 2009.
94. On or about January 6, 2009, Unindicted Co-Conspirator #1 sent an email to IBRAHIM MOHAMMAD with the subject line "New Address." In this email, Unindicted CoConspirator #1 asked IBRAHIM MOHAMMAD for his address "so that I can send you something." On or about this same date, IBRAHIM MOHAMMAD replied to Urrindicted CoConspirator # 1 with his home address.
95. On or about January 7, 2009, FAROOQ MOHAMMAD sent an email to Individual A, a resident of the Toledo, Ohio area, who is known to the Grand Jury. In this email, FAROOQ MOHAMMAD stated, in sum and substance, that he had needed to send some money in the United States to the United Arab Emirates. FAROOQ· MOI-IAMMAD further stated that he had agreed with Individual B (the father ofindividual A and a resident of the United Arab Emirates, who is !mown to the Grand Jmy) to pay for Individual A's tuition at University 1, located in the Nmihem District of Ohio and known to the Grand Jury, and that Individual B
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would reimburse FAROOQ MOHAMMAD in the United Arab Emirates. FAROOQ MOHAMMAD fmiher requested login information in order to make an online payment to University 1.
96. On or about January 7, 2009, the email referred to in paragraph 95 was forwarded from Individual A to IBRAHIM MOHAMMAD.
97. On or about January 7, 2009, IBRAHIM MOHAMMAD received an email containing login infmmation to the online payment system for University 1.
98. On or about January 7, 2009, FAROOQ MOHAMMAD caused his Discover credit card, account ending in 3824, to be charged in two separate transactions by the online payment system for University 1. These charges were for $3591 USD and $1898.10 USD, for a total of$5489.10 USD.
99. On or about January 7, 2009, FAROOQ MOHAMMAD caused his American Express credit card, account ending in 61003, to be charged by the online payment system for University 1 in the rnnom1t of $202.28 USD.
100. On or about January 7, 2009, IBRAHIM MOHAMMAD sent an email to an identified individual, known to the Grand Jury, with the subject line :'Re: Remodelling Makkah." In this email, IBRAHIM MOHAMMAD stated, "its because our societies are corrupt, tyram1ical and sinful that our leaders are also corrupt, tyrrnmical sinners... the least we can do on our part is to implement Islam in our lives and try to spread it to those around us, especially our frnnilies. Of course there's a lot more we can do, with our lives m1d our wealth if only Allah gives us the tawfeeq [opportunity]."
101. On or about January 7, 2009, ASIF SALIM sent a connnunication to Unindicted Co-Conspirator #1. In this communication, ASIF SALIM stated, "well du'a [prayer] is a
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powerful weapon, we shouldn't underestimate it. .. but, at the same time, it does, in no way, absolve us of our duties ... check this quote out... this was from many years ago ... scary how its still pertinent... 'Every day Muslim men, women, and children join the ranks of anonymous martyrs. Their stories will never surface in (the) media, but they will be featured in the Annals of Truth that will (be) 1U1folded on the Day of Judgement [sic]. I mourn the suffering of these brothers and sisters, but I do not fear for their ultimate outcome... Rather, I fear for the Muslims who stand aside as the war against Islam rages on. May Allah give us the clarity in knowledge and courage in deeds to defend our fellow Muslims.' ... the bad thing about that du' a [prayer] is . that He pretty much already has done that... now the ball's in our court. .. and therein lies the
rub."
102. On or about January 9, 2009, Unindicted Co-Conspirator #1 caused a check, number 5097, in the amount of $300 USD, to be issued from a U.S. Bank checking acco1U1t, ending 0278, payable to IBRAHIM MOHAMMAD, with the memo line "For Farooq."
103. On or about January 11, 2009, Unindicted Co-Conspirator #3 sent an email to FAROOQ MOHAMMAD and Unindicted Co-Conspirator #2 with the subject line "Our proposed trip." In the email, Unindicted Co-Conspirator #3 proposed they make a trip to Yemen on January 28, 2009, and returning on January 31, 2009. In the email, Unindicted CoConspirator #3 suggested that they meet to discuss "contributions collected so far," what gift to bring, and an ''Al Turath conn. for the Shk [Awlaki]." Further, the email suggested that they "need to check if the Shk [Awlaki] is free on the said dates as well."
104. On or about Januaty 11, 2009, Unindicted Co-Conspirator #2 replied to Unindicted Co-Conspirator #3's email. In the reply, Unindicted Co-Conspirator #2 explained
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that he had asked Awlaki about the proposed dates to visit, "i spoke to him on thursday. its ok for him but let me confirm with him on the exact dates."
105. On or about January 13, 2009, Unindicted Co-Conspirator #3 sent a response back to Unindicted Co-Conspirator #2, which was cc'd to FAROOQ MOHAMMAD. In the email, Unindicted Co-Conspirator #3 explained on the issue of the 'Al Turath conn.,' "I spoke to Farook [FAROOQ MOHAMMAD] & we are of the opinion that we will not purchase any conn. until we get to know the Shks [Awlaki's] actual requirement."
106. On or about January 13,2009, IBRAHIM MOHAMMAD caused a check, number 529, in the amount of$3750 USD, to be issued fi·om a National City Bank checking account ending 6743, payable to an automobile dealership in the Toledo, Ohio area known to the Grand Jmy, with the memo line "[Individual A] Car." This check waspayment for the purchase of an automobile for Individual A.
107. On or about January 15,2009, IBRAHIM MOHAMMAD sent an email to an identified individual, known to the Grand Jury, with the subject line "Re: The real enemy." In this email, IBRAHIM MOHAMMAD stated, "the only govermnents who made a change were those that came to power through the struggles by true believing people, like it happened [sic] in Afghanistan and Somalia, and is happening again in the latter. As Allah swt has promised, there will always be a group on the haq [truth], fighting in His cause. Lets pray to Allah to make us of the successful party for sometimes I feel the whole ummah [worldwide Muslim cmmnunity] is living in error, except for those small pockets of dedicated believers who're struggling and sacrificing for the deen [Muslim way of life] around the world. As for whats happening in gazza, may Allah accept those who've fallen as shuhada [martyrs] and may their blood inspire
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the rest of the ummah to wake up from its slumber aud rise against the enemies of Allah and give up their preoccupation with this duniya [material world]."
108. On or about January 19, 2009, FAROOQ MOHAMMAD created m1d caused to be created a Paypal account in the nmne of his spouse from m1 IP address in the United Arab Emirates. Approximately two minutes after the creation of this account, a login was made to the Paypal account ofFAROOQ MOHAMMAD from the same IP address in the United Arab Emirates.
109. On or about Janum·y 19,2009, FAROOQ MOHAMMAD caused his First National Bank of Omaha credit card, account ending in 1608, to be charged in two separate transactions by Paypal. These charges were for $3500 USD and $3750 USD, for a total of$7250 USD. These chmges were made by, and the funds transferred to, the Paypal account held in the nmne ofFAROOQ MOHAMMAD's spouse.
110. On or about January 19,2009, FAROOQ MOHAMMAD sent a communication toUnindicted Co-Conspirator #I. In tllis communication, FAROOQ MOHAMMAD stated, "the brothers m·e plalllling to go to yemen onjm128 ... I got about $6K so far. .. I'm meeting the other two brothers tonight. .. I'll find out how much they collected as well... and if you have any questions, I can pass them to the Sh [Awlaki]."
Ill. On or about January 19, 2009, Unindicted Co-Conspirator #3 received an email fi·om Individual D, a person known to the grand jury but not charged herein, which Individual D asked, "Did you meet your friend [Awlaki]? How is he? Convey my Salamn to him. May Allah grant him success. Inform me about yonr meeting."
112. On or about January 19, 2009, Unindicted Co-Conspirator #3 responded to . Individual D, thanked him for his "conttibntion," m1d explained, "With regards to my trip [to see
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Awlaki], we intend to leave on the 28th inshaAllah. We are in the process of making our visa documents at the moment. Our collections so far have reached around USD 7000 [$7,000] Alhamdulillah with most of it coming from the US:)!! My personal target is to leave with around USD 10,000 [$10,000] inshaAllah. Do pray for that. I am as excited as ever. Will inshaAllal1 convey yom regards ... & don't worry ... u will be one of the first people I will inform about once im back."
113. On or about January 20, 2009, Unindicted Co-Conspirator #3 sent an email to an email address of an unknown person with a copy of Awlaki's "44 Ways to Support Jihad" attached. Unindicted Co-Conspirator #3 mged the recipient to readit "coz its worth it," and then requested it be forwarded to another associate.
114. On or about January 20,2009, FAROOQ MOHAMMAD caused his First National Banlc of Omaha credit card, account ending in 1608, to be charged by Air Arabia in the amount of 956.90 United Arab Emirates Dirhams (hereinafter, "AED"), an amount equivalent to $206.18 USD. Air Arabia is an airline based in the United Arab Emirates providing flights to numerous international destinations, including Sana' a, Yemen.
115. On or about January 20, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "trip." In this email, FA)\OOQ MOHAMMAD stated, in sum and substance, that he just got a ticket and visa to Sana' a for January 28. . FAROOQ MOHAMMAD frniher stated that IBRAHIM MOHAMMAD should "keep it to yourself for now" and that "if you can raise more funds, that would be good." FAROOQ MOHAMMAD frniher asked IBRAHIM MOHAMMAD if he could suggest a gift.
116. On or about Januaq 20, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "Re: trip." In tlus email, IBRAHIM
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MOHAMMAD stated, in sum and substance, that hopefully everything would go well. IBRAHIM MOHAMMAD further stated "its difficult to raise funds when i'm not sure what exactly they're for... also there's not much time left. still, give me a call if you get a chance..." IBRAHIM MOHAMMAD further stated, in sum and substance, that Awlaki might like a book as a gift, or something simple such as dates and honey, because IBRAHIM MOHAMMAD had heard that Awlaki was a "very ascetic person." In this email, IBRAHIM MOHAMMAD referred to Awlaki, in code, as "the shaykh."
117. On or about January 20, 2009, IBRAHIM MOHAMMAD communicated with FAROOQ MOHAMMAD on the telephone for more than nine (9) minutes, subsequent to the emails described in paragraphs 115 and 116.
118. On or about January 20, 2009, FAROOQ MOHAMMAD sent Unindicted CoConspirator #1 a link to a news video about Somalia and the activities of Al-Shabaab. Along with this link, FAROOQ MOHAMMAD stated, "I just got visa and ticket to sana' a... for the 28th... till the 31st... did you read sh anwars' 44 ways ... btw, can you suggest a gift for the shaikh?" On or about this.sarne date, FAROOQ MOHAMMAD also sent Unindicted CoConspirator #1 a link to the Awlalci blog entry "ai-Shabab: Reply to the Greeting and Advice of Sheikh Anwar."
119. On or about January 21,2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "mailbox access." In this email, FAROOQ MOHAMMAD asked, in sum and substance, how much longer IBRAHIM MOHAMMAD would have access to a mailbox at a residence address, known to the Grand Jury.
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120. On or about January 21, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD, in sum and substance, tbat he would have access to tbe mailbox until January 31, 2009.
121. On or about Janumy 21, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with tbe subject line "Re: card." In this email, FAROOQ MOHAMMAD stated, "yeah use it. yon could have asked tbis on the phone, not nice to have things in easily processed text."
122. On or about Janumy 21, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "i tried to word it carefully, but yeah... i guess should be more careful.. which cmd?"
123. On or about Janumy 21, 2009, FAROOQ MOHAMMAD responded back to IBRAHIM MOHAMMAD and stated, "I probably maxed the ones you have. I'll send via paypal."
124. On or about Janumy 22, 2009, FAROOQ MOHAMMAD caused his First National Bank of Omaha credit card, account ending in 1608, to be chmged by Paypal in tbe amount of $4150 USD. This chmge was made by, and tbe funds transferred to, the Paypal accmmt held by IBRAHIM MOHAMMAD.
125. On or about Janumy 22, 2009, IBRAHIM MOHAMMAD withdrew funds in the amount of$3946.35 USD from his Paypal account held and deposited tbe funds in his National City Bank checking account, ending in 6743.
126. On or about Janumy 22, 2009, IBRAHIM MOHAMMAD sent an email to . FAROOQ MOHAMMAD with the subject line "Re: cmd." In this email, IBRAHIM MOHAMMAD stated to FAROOQ MOHAMMAD, "received $3946.35." At an exact date
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unknown, IBRAHIM MOHAMMAD deleted tlus email from an account with an identified Internet Service Provider.
127. On or about January 22, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD witl1 the subject line "Re: mailbox access." In this email, FAROOQ MOHAMMAD stated, in sum and substance, that he wanted to order some items to the mailbox at a former residence address of IBRAHIM MOHAMMAD, known to the Grand Jury.
128. On or about January 22, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and asked, in sum and substance, why FAROOQ MOHAMMAD did not have the order shipped to IBRAHIM MOHAMMAD's new residence address, known to the Grand Jury. IBRAHIM MOHAMMAD fu1iher asked FAROOQ MOHAMMAD whether the order would arrive in time.
129. On or about Janum-y 22, 2009, FAROOQ MOHAMMAD responded back to IBRAHIM MOHAMMAD, in sum and substance, he did not want to linlc IBRAHIM MOHAMMAD's new address to FAROOQ MOHAMMAD in m1y way. FAROOQ MOHAMMAD fmiher stated, "if in case you get a call regarding me, I was a student roommate that left the country."
130. On or about January 24, 2009, FAROOQ MOHAMMAD caused his First National Bank of Omaha credit card, account ending in 1608, to be charged by Paypal in the mnount of $4500 USD. This charge was made by, and the fmlds trm1sferred to, the Paypal account held by Individual C, a resident of Angnsta, Maine and !mown to the Grand Jury.
131. On or about January 26, 2009, IBRAHIM MOHAMMAD endorsed and deposited a check drawn from a U.S. Bank account, check number 5097, held by Unindicted Co-
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Conspirator #I, in the amount of $300 USD, with the memo line "For Farooq," into a National City Bank checking account, ending 6743, held by IBRAHIM MOHAMMAD.
132. On or about January 26, 2009, Unindicted Co-Conspirator #3 sent an email with the subject line "Re: Check List for the trip" to Unindicted Co-Conspirator #2. FAROOQ MOHAMMAD was cc' d on the email. In the email Unindicted Co-Conspirator #3 replied to an earlier email from Unindicted Co-Conspirator #2 that contained a list of items to remember to bring for the trip to Sanaa, Yemen to see Awlaki. Unindicted Co-Conspirator #3 added several comments to the list, including that his. brother had purchased a "5-CD duplicator" to bring to Awlaki.
133. On or about January 28, 2009, Unindicted Co-Conspirator #2 and Unindicted CoConspirator #3 travelled to Yemen without FAROOQ MOHAMMAD, who was unable to travel because he was ill, in order to meet with Awlaki. Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 travelled with approximately $7000 USD for Awlaki, which included funds in the amount of approximately $6000 USD collected by FAROOQ MOHAMMAD, including approximately $300 USD contributed by Unindicted Co-Conspirator #1.
134. On or about January 28, 2009, Individual B provided payment, in the amount of 37,716 AED (equivalent to approximately $10,277 USD), to FAROOQ MOHAMMAD in the United Arab Emirates. This payment was reimbursement for the tuition payments and automobile purchase made on behalf of Individual A, the son oflndividual B, by FAROOQ MOHAMMAD and IBRAHIM MOHAMMAD on or about January 7, 2009 and January 13, 2009, respectively.
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135. On or about February 1 and 2, 2009, after returning from their trip to Yemen, Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 exchanged a series of emails settling their respective expenses incun·ed during the trip to Yemen.
136. On or about February 3, 2009, Unindicted Co-Conspirator #3 sent an email to FAROOQ MOHAMMAD and Unindicted Co-Conspirator #2 in which he proposed a series of further actions to continue to support Awlaki: "I now suggest the following actions. Bros. please give me your views. I. Farook [FAROOQ MOHAMMAD] opens an email account at a specified site. He !mows which one 2. He emails our fi·iend [Awlaki] with general greetings & the following Qs. a. What actually happened in his village that we couldn't meet him? B. An answer to our question written on paper delivered to him c. Farook's [FAROOQ MOHAMMAD's] Q on brothers in debt in US When we meet inshaAllah we can get more details of this email account & even check it from our nearby houses. Farook [FAROOQ MOHAMMAD]pls do not go ahead until we have got a consensus on further actions."
137. On or about February 3, 2009, FAROOQ MOHAMMAD contributed a sum of $50 USD to Awlaki, using a Paypal account ofFAROOQ MOHAMMAD, through Awlaki's website.
138. On or about February 6, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "wire." In this email, FAROOQ MOHAMMAD asked, in sum and substance, that IBRAHIM MOHAMMAD. send the remaining money via wire transfer. FAROOQ MOHAMMAD further stated that he last sent $3946 USD and that there was a "balance" remaining from Individual A's car payment and a tax payment.
139. On or about February 6, 2009, FAROOQ MOHAMMAD sent another email to IBRAHIM MOHAMMAD with the subject line"$$ accounting." In this email, FAROOQ
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MOHAMMAD stated, in sum and substance, based on a review ofemails, he had sent $10,606 USD to IBRAHIM MOHAMMAD in four separate installments. FAROOQ MGHAMMAD further stated that the balance remaining was $3776 USD and that IBRAHIM MOHAMMAD should send the money via wire transfer. FAROOQ MOHAMMAD further stated that he would send another $2000 USD before IBRAHIM MOHAMMAD should send the money via wire transfer.
140. On or about February 6, 2009, FAROOQ MOHAMMAD sent another email to IBRAHIM MOHAMMAD with the subject line "Wire transfer bank swift code." In this email, FAROOQ MOHAMMAD sent the information for an identified bank account, held in his name and known to the Grand Jury, at an identified financial institution in the United Arab Emirates.
141. On or about February 6, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "calls." In this email, FAROOQ MOHAMMAD stated, in sum and substance, that he was starting to get telephone calls fiom Citibank to pay back his credit card bill. FAROOQ MOHAMMAD further stated, "if you ever wann[a] do this, I'd suggest not going over $8K or so per card, and have a bunch of them instead. this way it is not worth the effor[t] per creditor."
142. On or about February 6, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Series on NWFP;" ASIF SALIM was bcc'd on this email. In the email, FAROOQ MOHAMMAD forwarded links to a four-part article entitled "On the Militant Trail." The articles detailed the Taliban and AI Qaeda strategy to wage worldwide jihad against the United States and Muslim governments from the North West Frontier Province area of Pakistan.
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143. On or about February 6, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "US supplies;" ASIF SALIM was bee' don this email. In the email, FAROOQ MOHAMMAD forwarded links to, and quoted portions of, an · article about the theft of U.S. military supplies in Pakistan by the Taliban and other groups.
144. On or about February 17, 2009, FAROOQ MOHAMMAD registered the domain name for the website "ANWAR-AL-AWLAKI.COM" with an identified web hosting service. As part of the registration with this web hosting service, FAROOQ MOHAMMAD established a "domain forwarding" service fi·om "ANWAR-AL-AWLAKI.COM" to another website.
145. On or about February 17, 2009, Unindicted Co-Conspirator #3 sent an email to FAROOQ MOHAMMAD and Unindicted Co-Conspirator #2 with the subject line "Our email." In the email, Unindicted Co-Conspirator #3 stated, "Spoke with our friend [Awlaki] over the phone. He hasnt checked his email in a while & that's why he hasnt replied to 1.\S. He said that he will do it shortly inshaAllah. @Farook [FAROOQ MOHAMMAD], do infonn us when you receive it."
146. On or about February 18,2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "Re: Wire transfer bank swift code." In this email, IBRAHIM MOHAMMAD stated, "some of your cards have some how gotten hold of my new address and have updated yours with it."
147. On or about February 18,2009, FAROOQ MOHAMtVfAD replied to IBRAHIM MOHAMMAD and stated, "that's not good. I didn't want them to bother you. I'll file a change of adchess to North Dakota or something with the USPS. anyways, what I'm doing on purpose, millions would be doing ont of necessity pretty soon. an[d]my timing seems to be just right."
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148. On or about this same date, FAROOQ MOHAMMAD replied againto IBRAHIM MOHAMMAD and stated, "I forwarded my mail using USPS's form back to my old address in colum[bus]."
149. On or about February 26,2009, IBRAHIM MOHAMMAD ordered the Awlaki lecture "Life of Muhammad: Medina Period, Part 2 of 2" fi·om an online bookstore.
150. On or about February 27,2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "seen this?" In tbe email, IBRAHIM MOHAMMAD forwarded a link to a video entitled "Taliban Mujahideen: Fighting in Helmand · and the Afte1math." This video, which is over fifteen minutes in length, depicts a Taliban ambush of a military convoy in Afghanistan. The video includes a bam1er reading, in both Arabic and English, "Heavy Battle with Crusaders and Their Servants many Killed and other injured (Helmand)."
151. On or about February 27, 2009, Individual C sent funds in tl1e amount of $4234.20 USD via wire transfer to an identified banlc account in the United Arab Emirates, known to the Grand Jury, held by FAROOQ MOHAMMAD. The listed beneficiary on tl1e wire transfer was "Tallya [Yallya] Mohammad."
152. On or about February 28, 2009, the Paypal account ofFAROOQ MOHAMMAD made a p~yment of $83 USD to the Paypal account of IBRAHIM MOHAMMAD. This payment. was accompanied by a message from FAROOQ MOHAMMAD stating, "can you pre-order madeenall period.vol2" and included a link to an online bookstore.
153. On or about February 28, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "madeena vol2." In this email, FAROOQ
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MOHAMMAD stated, "I sent you payment via paypal for buying that series. Didn't order it myself, cos I don't want my name associated with yom address as much as possible."
154. On or about February 28, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "i'd already ordered it for myself. you sme you want another copy? i can just upload mine if thats ok with you."
155. On or about February 28,2009, FAROOQ MOHAMMAD replied to IBRAHIM MOHAMMAD and stated, "that's ok, it's worth paying for. the·nice packaging is good for a gift."
156. On or about March 1, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line"$$ accounting." In this email, FAROOQ MOHAMMAD re-sent an earlier email, dated Febmary 6, 2009 and asked, "can you confirm these numbers?"
157. On or about March I, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "sotmds about right to me. i haven't had time to go over all those numbers myself but i had about that much in mind. let me know when you want me to wire them. ie. when can i expect those 2k you mentioned."
158. On or about March 1, 2009, FAROOQ MOHAMMAD caused his Paypal account to receive a payment of $1800 USD from the Paypal account in his spouse's name.
159. On or about March 1, 2009, FAROOQ MOHAMMAD caused his Paypal account to receive a transfer of $252.50 USD from his National City Banlc checking account, ending in 6219.
160. On or about March 1, 2009, FAROOQ MOHAMMAD caused his Paypal account to malce a payment of $2000 USD to the Paypal account of IBRAHIM MOHAMMAD.
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161. On or about March 1, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Re: $$accounting." In this email, FAROOQ MOHAMMAD stated, "sent 2K. send the wire whenever you get a chance... btw, some other bros are collecting funds as well. I need to figure out more ways for transferring. Do you know of any honda there, like we used for sending to india?"
162. On or about March 1, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "why dont we do what we did before, ie. i give money here to [Individual A] and you take it from [Individual B]?" On or about this same date, FAROOQ MOHAMMAD replied to IBRAHIM MOHAMMAD and stated, "[Individual B] said he's not sending moneyfor a couple of months or so."
163. On or about March l, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "Fw: Notification of Limited Account Access." In this email, IBRAHIM MOHAMMAD forwarded a message from Paypal stating, in sun1 and substance, that access to the Paypal account ofiBRAHIM MOHAMMAD had been temporarily limited due to "activity in this account that is unusual or potentially high risk." In this email, IBRAHIM MOHAMMAD stated to FAROOQ MOHAMMAD, "got this message from paypal. i think they've become suspicious. i'll have to call them and talk to them. think i'll tell them i sold you a car or something."
164. On or about March 2, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Re: Fw: Notification of Limited Account Access." In this ·email, FAROOQ MOHAMMAD stated, "I had that a couple of times ah·eady. It looks like there's a lot of funny stuff going on these days. I even got phone calls within minutes of making transactions."
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165. On or about March 3, 2009, FAROOQ MOHAMMAD sent au email to IBRAHIM MOHAMMAD with the subject line "paypal." In this email, FAROOQ MOHAMMAD asked, "did you sort it out with paypal?"
166. On or about March 3, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "not yet. i'm pretty sure its got to do with your sending me large amounts on a credit card. i'll call them today and see what they say."
167. On or about March 7, 2009, FAROOQ MOHAMMAD sent an email to . IBRAHIM MOHAMMAD with the subject line "Re: paypal." In this email, FAROOQ MOHAMMAD asked, "any progress on this?"
168. On or about March 13,2009, FAROOQ MOHAMMAD sent au email to IBRAHIM MOHAMMAD with the subject line "Re: $$ accounting." In this email, FAROOQ MOHAMMAD stated, in sum and substance, the balance owed to him by IBRAHIM MOHAMMAD was approximately $5000 USD. Also in this email, FAROOQ MOHAMMAD asked, "did you get the paypal restricted access sorted out btw?"
169. On or about March 13, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "not yet, they're asking for a bunch of stuff like invoices, proof of shipping etc. to show that you bought something fi·om me. i'm thinking i'll tell them you used to be my roommate and i sold you my fnmiture and stuff when we left. i'm pretty sure they're going to question me not just about the $2k you sent this time but all the payments you've made. in the mean time, i can't withdraw the money you sent its in my account but i can't touch it until this is resolved."
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170. On or about March 13, 2009, FAROOQ MOBAMMAD replied to IBRAHIM MOHAMMAD and stated, "1m1m sounds tough. I didn't have so many problems with paypal, it got sorted out with one phone call."
171. On or about March 16, 2009, IBRAHIM MOHAMMAD caused Paypal to send him an email notifying him that a payment of $2083 USD would be transferred to his National City Bank checking account, ending in 6743.
172. On or about March 16, 2009, IBRAHIM MOHAMMAD caused funds in the amount of $2083 USD to be withdrawn from his Paypal account and depositedinto his National City Bank checking account, ending in 6743.
173. On or about March 17, 2009, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 with the subject line "AA email;" Unindicted Co-Conspirator #1 was.bcc'd on this email. In this email, FAROOQ MOHAMMAD provided a link to an image file that had been uploaded to Website 1. The link was to a "private" part of the website. This email included the usernarne and password needed to access the file.
174. On or about March 17, 2009, Unindicted Co-Conspirator #3 sent an email to FAROOQ MOHAMMAD and Unindicted Co-Conspirator #2. In the email, Unindicted CoConspirator #3 forwarded an advertisement for Air Arabia airlines and asked, "any body interested in flying to sanaa [Yemen]?"
175. On or about March 19,2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Re: $$accounting." In this email, FAROOQ MOHAMMAD stated, in sum and substance, that IBRAHIM MOHAMMAD should give an
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additional $500 USD to Individual A With respect to these funds, FAROOQ MOHAMMAD stated, "add it to my tab. Confinn when done please. What's the paypal status?"
176. On or about March 19,2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Fwd: Fly from AED 77 with Air Arabia!" The subject line of this email also contained an email address identified with Unindicted CoConspirator #3. In this email, FAROOQ MOHAMMAD forwarded IBRAHIM MOHAMMAD an email originally sent from Unindicted Co-Conspirator #3 to FAROOQ MOHAMMAD and Unindicted Co-Conspirator #2. In this original email, Unindicted Co-Conspirator #3 stated, "any body interested in flying to sanaa?" and forwarded a list of Air Arabia fmes for flights from the United Arab Emirates to selected destinations, including Sana'a, Yemen.
177. On or about March27, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "nasheed request." In this email, FAROOQ MOHAMMAD forwmded a link to an online video entitled "Short Clips of Jihad Songs with English Translation." T11e video features four nasheeds, sung in Arabic, but with the English translations on display in the video. In this email, FAROOQ MOHAMMAD fmiher stated, "do you have the full nasheeds from here... especially the second one."
178. On or about March 30, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "Re: nasheed request." In this email, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "I know the first, second and fourth but haven't hemd the third. I've attached the ones I have. Btw, fyi, the voice in the begitming of no. 4 is of sh. abdullall a z z am [sic]." h1 this email, IBRAHIM MOHAMMAD attached tln·ee audio files. The first file, entitled "qum.mp3," incudes the lyric "Get up and shake off your slumber, because Islam is back. We have come for the sake of Allal1, and we have
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declm-ed Jihad." The second file, entitled "bm-oodaty.mp3," includes the lyric "So let them spill my blood for it to flow on earth... We will erupt like a volcano and burn like coals ... 0 nation of unbelief with yom red infidels!" The final file, entitled "erhabyun_ana.mp3," translates to "I am a tenorist" and includes the lyrics "I am a tenorist, I tenorize the enemies of the [Faith] ... Allah the Master the Almighty has ordered Jihad against the immoral ones... "
179. On or about Mm-ch 30,2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Good documentaries on Palcistan." The subject line of this email also contained an email address identified with Unindicted Co-Conspirator #3. In this email, FAROOQ MOHAMMAD forwm-ded IBRAHIM MOHAMMAD an email originally sent from Unindicted Co-Conspirator #3 to FAROOQ MOHAMMAD and Unindicted Co-Conspirator #2. In this original email, Unindicted Co-Conspirator #3 forwarded links to online videos of three documentaries about the conflict between the Pakistani Anoy and the Taliban.
180. On or about March 31,2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Re: nasheed request." In this email, FAROOQ MOHAMMAD replied to the email from IBRAHIM MOHAMMAD on March 30, 2009 and stated, "I really like the second one."
181.. On or aboutApril2, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "Re: nasheed request." In this email,IBRAHIM MOHAMMAD provided a link to Website I. The link was to a specific file, entitled "Ya_ayuha_alshalleed.mp3"["0 You Martyrs!"]. In this email, IBRAHIM MOHAMMAD stated, "you might like this one too .. its easy to understand for the most part."
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182. On or about AprilS, 2009, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 with the subject line "AA email;" Unindicted Co-Conspirator #1 was bcc'd on this email. In this email, FAROOQ MOHAMMAD provided a link to an image file that had been uploaded to Website 1. The link was to a "private" part of the website. This email included the username and password needed to access the file.
183. On or about April 7, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD, ASIF SALIM, and Unindicted Co-Conspirator #1 with the subject line "Taliban jihad against the West funded by emeralds from Pakistan." In this email, FAROOQ MOHAMMAD sent a link to, and the complete text from, an article about the Taliban funding of military operations through the sale of emeralds.
184. On or about April9, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "taliban governance;" this email was bcc'd to ASIF SALIM. In this email, FAROOQ MOHAMMAD sent a link to two articles about the Taliban funding of military operations through the sale of emeralds and marble.
185. On or about April9, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "the msm [mainstream media] would have us believe that they get their funding tlu-ough opium." On or about tllis same date, FAROOQ MOHAMMAD replied to IBRAHIM MOHAMMAD, "maybe its allowed during war time? I don't know [i]fthey are or not."
186. On or about Aprilll, 2009, Unindicted Co-Conspirator #3 sent an email to Individual D. In the email, Unindicted Co-Conspirator #3 stated, "Also, my friend [Awlaki] has . emailed me requesting for USD $80,000."
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187. On or about April 11, 2009, Unindicted Co-Conspirator #3 received an email from Individual Din which Individual D asked, "When do u need the USD?"
188. On or about April12, 2009, Unindicted Co-Conspirator #3 responded to
Individual Din an email, "We're tryin to collect at least IOK [$10,000]. Another month should
be OK." 189. On or about April12, 2009, FAROOQ MOHAMMAD sent an email to
IBRAHIM MOHAMMAD, ASIF SALIM, and Unindicted Co-Conspirator #1 with the subject line "Dawah [proselytizing] progress and methods used." In this email, FAROOQ MOHAMMAD provided a link to a file entitled "dpmu.pdf' that had been uploaded to Website 1. This seventeen-page docmnent contained the transcript of an interview with an identified Taliban commander conducted by As-Sahab, the media wing of Al Qaeda. In this interview, the Taliban commander stated, "Our Jihad isn't limited to Palcistan or Afghanistan... Our Jihad is a global Jihad... I would like to confinn that Jihad has become an individual obligation. When the infidels lay siege to Muslim lands, as they have done in Afghanistan and Iraq, Jihad becomes obligatory upon each and every Muslim for the liberation of those Muslims' lands ... Thus it is an individual obligation upon the entire Muslim mmnah [worldwide community] to do Jihad for the liberation ofiraq and Afghanistan and to bring the tyranny of the kaffars [non-believers in Islam] to an end..." In this interview, the Taliban commander also praised Usama bin Laden and those individuals who perpetrated attacks in Mmnbai, India in November 2008. FAROOQ MOHAMMAD had received this document in an email that Unindicted Co-Conspirator #3 forwarded to him earlier that day.
190. On or about April 14, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD, ASIF SALIM, and Unindicted Co-Conspirator #1 with the subject
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line "Fwd: Prepared to die for Islam." The subject line of this email also contained an email address identified with Unindicted Co-Conspirator #3. In this email, FAROOQ MOHAMMAD forwarded a link to, and the entire text from, an article about individuals from the United States and the United Kingdom fighting on behalf of Al-Shabaab in Somalia. The article described AlShabaab as "a group with links to al-Qaeda" and stated, in sum and substance, that the individuals joining Al-Shabaab admired Usama Bin Laden and were motivated to wage violent jihad by the United States' wars in Iraq and Afghanistan.
191. On or about April 14, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "Nation going dark." In this email, FAROOQ MOHAMMAD included a link to an article about the Taliban's military advance toward Islamabad, Pakistan.
192. On or aboutApril28, 2009, FAROOQ MOHAMMAD transferred $500 USD from his National City Bank checking account, ending in 6219, to his Paypal account.
193. On or about Apri128, 2009, FAROOQ MOHAMMAD caused his Paypal account to make a payment of$500 USD to the Paypal account oflndividual A.
194. On or about May 14, 2009, FAROOQ MOHAMMAD transferred $200 USD from his National City Bank checking account, ending in 6219, to his Paypal account.
195. On or about May 15, 2009, FAROOQ MOHAMMAD caused his Paypal account to make a payment of $200 USD to the Paypal account oflndividual A.
196. On or about May 25,2009, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 with the subject line "nefa file." ASIF SALIM was bee' d on this email. The email forwarded a link to an eight page document entitled "Anwar a! Awlaki: Pro Al-Qaida Ideologue with Influence in the West." This document detailed
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Awlaki's connection to terrorism suspects in the United States. The document also described tln·ee of Awlaki's writings: Constants on the Path of Jihad; 44 Ways of Supporting Jihad; and a Letter in Support of Al-Shabab.
197. On or about May 26, 2009, FAROOQ MOHAMMAD made an online payment to the tuition account oflndividual A at University 1 from his National City Ban!c checking account, ending in 6219, in the amount of $700 USD.
198. On or about May 26,2009, FAROOQ MOHAMMAD sent an email to Individual A, Individual B, and IBRAHIM MOHAMMAD. In this email, FAROOQ MOHAMMAD forwarded the online payment receipt for $700 from the tuition account ofindividual A at University I. In this email, FAROOQ MOHAMMAD stated, "''ve paid $700 for now. I'll pay the rest as soon as I arrange it from other somces."
199. On or about May 26, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, "i thought you wanted me to pay [Individual A's] tuition? Or do you want me to deposit the money to yom account?"
200. On or about May 26, 2009, FAROOQ MOHAMMAD responded back to IBRAHIM MOHAMMAD and stated, "I thought you hadn't figured out the balance you owe me yet. if you have, then please pay the remainder of [Individual A's] fee. that would be faster."
201. On or about May 26,2009, IBRAHIM MOHAMMAD responded back to FAROOQ MOHAMMAD and stated, "i haven't figured out the details yet but for now will assume yonr total is correct. i'll pay the remainder of [Individual A's] tuition and will work out the rest soon."
202. On or about May 27, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "account update." In this email, IBRAHIM MOHAMMAD
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forwarded a list of expenses and stated, in sum and substance, that he owed $4437.13 USD to FAROOQ MOHAMMAD. In this email, IBRAHIM MOHAMMAD further stated, "i'm going to use a chunk of that to pay [Individual A's] tuition. i'lllet you know how much remains."
203. On or about May 27, 2009, IBRAHIM MOHAMMAD sent an email to Individual . B with the subject line "update;" FAROOQ MOHAMMAD and Individual A were cc'd on this email. In this email, IBRAHIM MOHAMMAD stated, in sum and substance, that he had made payments in the amount of$162.99 USD on behalf ofindividual A in the United States. In this email, IBRAHIM MOHAMMAD further stated, "[FAROOQ MOHAMMAD] has already paid me back the money, so you can give it to him over there in dirhams."
204. On or about May 28, 2009, IBRAIDM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "[Individual A's] tuition: urgent." In this email, IBRAHIM MOHAMMAD asked FAROOQ MOHAMMAD, "can you give me the login/pass you used to pay [Individual A's] tuition? also the link to the website for making the payment would be helpful."
205. On or about May 28, 2009, FAROOQ MOHAMMAD replied to IBRAHIM MOHAMMAD with the login, password, and website for the online tuition payment system at University 1.
206. On or about May 28, 2009, IBRAHIM MOHAMMAD made an online payment to the tuition account ofindividual A at University I from his Key Bank checking account, ending in 8231, in the amount of$3216.13 USD.
207. On or about May 28, 2009, Individual B sent an email to Individual A with the subject line "Sunnner Course Fee payment to [University !];" FAROOQ MOHAMMAD was cc'd on this email and IBRAHIM MOHAMMAD was bcc'd on this email. In this email,
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Individual B stated to Individual A, "Enclosed is the confinnation ofthe payment of$ 3,216.13 received by [University 1]. Earlier$ 700 was received by [University 1]." Individual B then stated, in sum and substance, that he would pay the equivalent of $3916.13 USD in AED to FAROOQ MOHAMMAD in the United Arab Emirates.
208. On or about June 11,2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "fyi." In this email, IBRAHIM MOHAMMAD attached a collection notice on behalf of First National Bank of Omaha regarding credit card accomit ending 1608, held by FAROOQ MOHAMMAD. The collection notice stated that the amount due on this card was $19,273.65 USD and offered to establish a settlement agreement for payment ofthe card. In this email, IBRAHIM MOHAMMAD stated, "looks like they're offering to negotiate."
209. On or about June 12, 2009, FAROOQ MOHAMMAD replied to this email from IBRAHIM MOHAMMAD and stated, "there is nothing to negotiate. :)."
210. On or about June 23, 2009, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 with the subject line "AA reply;" Unindicted Co-Conspirator #1 was bcc'd on this email. In this email, FAROOQ MOHAMMAD stated, "it came on the 17th I hadn't checked the account the last few days." FAROOQ MOHAMMAD then pmvided a link to an image file that had been uploaded to Website I. The link was to a "private" pmt of the website. This email included the username and password needed to access the file.
211. On or about June 23,2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "mailed." In this email, IBRAHIM MOHAMMAD stated, "mailed the sim and debit cm·ds today. hopefully they'll get there in time."
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212. On or about June 29,2009, ASIF SALIM sent an email to SULTANE SALIM and three other identified individuals, known to the Grand Jury, with the subject line "RE:. Our conversation." In this email, ASIF SALIM stated, "I can1e across some stuff in reference to our conversation (in Columbus) about giving tidings of Hellfire to the dead kuffar in their graveyards. It is attached." Attached to this email was a document, in both Arabic and English, containing scriptural references in support of giving the tidings of Hell to the graves of nonbelievers in Islam.·
213. From on or about June 30 to July 1, 2009, FAROOQ MOHAMMAD, Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 exchanged a series of emails discussing when in July to make a trip to Yemen to see Awlaki. In one email, FAROOQ MOHAMMAD suggested, "we should consult our friend [Awlaki] as well." Unindicted Co-Conspirator #2 agreed, requesting, "Pls communicate with our fi-iend [Awlaki] & confirm for 23rd.. I think we'll need 4 days atleast. ask him if we can meet him in sanaa [Yemen] .. if we have to go to his place we need 4 days starting from Thursday.. uguys will have to take 2 days off.. i.e. thursday & sunday.. commmlicate with him & plan.."
214. On or about July 2, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD with the subject line "groceries." In this email, FAROOQ MOHAMMAD stated, "I did not get the sim card:(."
215. On or about July 2, 2009, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #3 with the subject line "Re: For your efforts...." In this email, FAROOQ MOHAMMAD stated, ''I'm about half way done with this. I'll do the rest later tomonow... How does it look so far?:) All done using Gimp [GNU Image Manipulation Program] software." Attached to this email, FAROOQ MOHAMMAD sent an electronic document that
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appeared to be a Long Term Visit permit from the United Arab Emirates for an identified individual, listing Unindicted Co-Conspirator #3 as a sponsor. This document had been altered in that the expiration date was changed from May 7, 2009 to September 7, 2009.
216. On or about July 2, 2009, Unindicted Co-Conspirator #3 replied to FAROOQ MOHAMMAD and stated, " ... good job so far. Can you change the date of issue to today' s date so that we can make use of it in the next few days? But are you sure that only on the basis of this sim cards will be given? I have a feeling they also need pp [passpmi] copy."
217. On or aboutJuly 3, 2009, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #3 with the subject line "Re: For your efforts ...." In this email, FAROOQ MOHAMMAD stated, "I had bought one myself at [au identified retail outlet] just using a visit visa copy."
218. On or about July 7, 2009, ASIF SALIM sent an email to FAROOQ MOHAMMAD with the subject line "Trip." In this email, ASIF SALIM stated, "I tried to wire some today and, apparently, the routing number is wrong. The lady said there's a difference between a regular routing number and a wire (transfer) routing number. Do you know anything about that?"
219. On or about July 7, 2009, FAROOQ MOHAMMAD sent au email to Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3. In the email, FAROOQ MOHAMMAD stated, "Here's a reply from om friend [Anwar Awlaki]. tentatively that's ahight. I cannot meet you in San' aa but I can mTange for someone to bring you over to me."
220. On or about July 8, 2009, FAROOQ MOHAMMAD sent au email to ASIF SALIMwith the subject line "Re: Trip." In this email, FAROOQ MOHAMMAD replied to ASIF SALIM and stated, "I have no idea about that. I think it would be easier if you just mail a
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check to my brother, and he can deposit it in my account. Just let me know the total amount, and I'll cover it from here." FAROOQ MOHAMMAD then provided the residence address of IBRAHIM MOHAMMAD. In this email, FAROOQ MOHAMMAD further stated, "A friend is an·anging visas this week, we plan to go on the 23rd.'c
221. On or July 8, 2009, ASIF SALIM f01warded the email described in paragraph 220 to SULTANE SALIM. In this email, ASIF SALIM forwarded the content of the original message fi"om FAROOQ MOHAMMAD, including the residence address of IBRAHIM MOHAMMAD. Above this forwarded information, ASIF SALIM stated, "Here's the info. Git
~er-done."
222. On or about July 8, 2009, SULTANE SALIM sent an email to ASIF SALIM with the subject line "FW: Payment Notification fi·om the FBI." In this email, SULTANE SALIM forwarded a message that purported to be from the Federal Bureau of Investigation. Above the forwarded email, SULTANE SALIM stated, "I was a tad surprised when I sav.: your email [the email referenced in paragraph 221] and this email waiting for me in my inbox."
. 223. On or about Jnly 13, 2009, IBRAHIM MOHAMMAD deposited $17,060 USD into a National City Bank checking acconnt, ending 6219, held by FAROOQ MOHAMMAD. This deposit consisted of $60 USD in cash, one check from ASIF SALIM in the amount of $2000 USD, and three checks from SULTANE SALIM in the amounts of$2400 USD, $6200 USD, and $6400 USD, dated Jnne 15, 2009; June 19, 2009; and July 6, 2009, respectively.
224. On or about July 16, 2009, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 with the subject line "collection." In this email, FAROOQ MOHAMMAD stated, "I now have 20K collected including [Unindicted Co-
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Conspirator #3 's] contribution, a large part of that is in my US account. I can't thinkof a way of getting it here in time. Let's meet tomorrow... to discuss."
225. On or about July 20, 2009, FAROOQ MOHAMMAD made a payment of $60 USD from his Paypal account to the Paypal account of IBRAHIM MOHAMMAD. This payment was accompanied by a message from FAROOQ MOHAMMAD stating, "The 60 bugs [bucks] what I owed you for saving me fi·om overdraft."
226. On or about July 20,2009, FAROOQ MOHAMMAD transferred $700 USD from his National City Bank checking account, ending in 6219, to his Paypal account.
227. On or about July 20, 2009, FAROOQ MOHAMMAD made a payment of$700 USD from his Paypal account to the Paypal account oflndividual A.
228. On or about July 22,2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD and ASIF SALIM with the subject line "trip." In this email, FAROOQ MOHAMMAD stated, ''I'm going to Sanaa tomorrow morning... with a couple offi·iends. We've got visas and other bookings done today. If you want me to pass along auy messages or questions, let me know by tonight. I may not get a chance to check email during the weekend. Please keep this to yourselves, and make dua [prayer] for our safe trip."
229. From on or about July 23,2009 to on or about July 26,2009, FAROOQ MOHAMMAD, Unindicted Co-Conspirator #2, and Unindicted Co-Conspirator #3 travelled to Yemen in order to meet with Awlaki. During this trip, they travelled to a village in Yemen · where Awlaki was living, but were unable to personally meet with Awlaki due to the presence of Yemeni government soldiers in the village. FAROOQ MOHAMMAD, Unindicted CoConspirator #2, and Unindicted Co-Conspirator #3 then tmvelled to Sana' a, Yemen, where Awlaki instructed them to meet with one of his associates. FAROOQ MOHAMMAD,
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Unindicted Co-Conspirator #2, and Unindicted Co-Conspirator #3 then met Awlaki's associate in Sana'a and gave approximately $22,000 USD to that person for Awlaki.
230. On or about July 26, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "so....?" In this email, IBRAHIM MOHAMMAD asked, "how was it?''
231. On or about July 26,2009, FAROOQ MOHAMMAD replied to IBRAHIM MOHAMMAD and stated,. "couldn't meet him, but delivered the goods to a relative."
232. On or about July 26, 2009, FAROOQ MOHAMMAD sent an email to IBRAHIM MOHAMMAD and ASIF SALIM with the subject line "The wrong place at the wrong time;" Unindicted Co-Conspirator #1 was cc'd on this email. In this email, FAROOQ MOHAMMAD stated, "I found this worth reading again, after retuni.ing from my trip." In the email, FAROOQ MOHAMMAD then provided a linlc to an article on Awlaki's website entitled "Is the Franklin morphing into the Washington?!" This article was originally posted on the Awlaki website on or about October 6, 2008.
133. On or about August I, 2009, IBRAHIM MOHAMMAD downloaded the complete lectures of Awlaki onto his computer.
234. On or about August 1, 2009, IBRAHIM MOHAMMAD visited the Awlaki website and viewed the blog entry entitled "The Army of Yemen Confronts the Mujahideen."
235. On or about August 3, 2009, IBRAHIM MOHAMMAD visited the Awlaki website and viewed the blog entry entitled "Beruwala Attack: Sri Lanka."
236. On or about August 12, 2009, Unindicted Co-Conspirator #3 sent an email to FAROOQ MOHAMMAD and Unindicted Co-Conspirator #2. In the email, Unindicted CoConspirator #3 stated, "Was wondering if you received any confi1mation (sms or email) of
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receipt of the package [receipt of the money by Awlaki]." He further suggested, "Probaby we might ask the recipient [Awlaki] to confirm receipt. What say?"
237. On or about August 18,2009, Individual B sent an email to FAROOQ MOHAMMAD with the subject line "[Individual A] fee for fall;" IBRAHIM MOHAMMAD and Individual A were cc' d on this email. In this email, Individual B stated, in sum and substance, that the total tuition for Individual A for the fall semester at University 1 was $5513.89 USD. In this email, Individual B further stated, "You may pay directly to university."
238. On or about August 18,2009, Individual B sent an email to FAROOQ MOHAMMAD with the subject line "FW: Extra expenses other than fee Sept;" IBRAHIM MOHAMMAD and Individual A were cc'd on this email. In this email, Individual B stated, in sum ahd substance, that additional expenses for Individual A totalled $1070 USD. In this email, Individual B further stated, "amount to be send [sic] to [Individual A's] account."
239. On or about August 18,2009, FAROOQ MOHAMMAD transferred $1070 USD from his National City Bank checking account, ending in 6219, to his Paypal account.
240. On or about August 18,2009, FAROOQ MOHAMMAD made a payment of $1070 USD from his Paypal account to the Paypal account of Individual A.
241. On or about August 20,2009, FAROOQ MOHAMMAD made an online payment to the tuition account oflndividual A at University 1 from his National City Bank checking account, ending in 6219, in the amount of$5513.89 USD.
242. On or about August 22,2009, SULTANE SALIM sent an email to an identified individual, known to the Grand Jury, with the subject line "dnloads." The email contained a link to a website offering downloads of Awlaki lectures.
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243. On or about August 23, 2009, SULTANE SALIM sent an email to ASIF SALIM with the subject line "barb arossa." In the email, SULTANE SALIM stated, "I found the story (as my boy narrated it) in text format right after I talked to you. This should provide all the fodder. .. emr cannonballs ... you need. An amazing story." SULTANE SALIM then included text from the Awlaki lectme "Allah is Preparing Us for Victory" regarding the death of Frederick Barbarossa during the Crusades.
244. On or about August 30, 2009, IBRAHIM MOHAMMAD viewed.an online news article entitled "AI Qaeda claims Saudi prince bomb" regarding Al Qaeda in the Arabian Peninsula's claim of responsibility for a suicide bombing on Saudi Prince Mohammad bin Nayif.
245. On or about September 3, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "A A lecture." In this email, IBRAHIM MOHAMMAD sent a link to an online video of Awlaki's lecture "Beyond Guantm1amo: Is This The End?"
246. On or about September 3, 2009, FAROOQ MOHAMMAD replied to IBRAHIM MOHAMMAD m1d asked "do you know the date of tllis lecture?"
247. On or about September 3, 2009, IBRAHIM MOHAMMAD replied to FAROOQ MOHAMMAD and stated, in sum and substance, the lecture was from August 30, 2009.
248. On or about September 3, 2009, SULTANE SALIM received an email with a link to download the Awlaki lecture: "Beyond Guantanamo: Is This the End?"
249. On or about September 3, 2009, SULTANE SALIM replied to this email with a link to Awlaki's website.
250. On or about September 4, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD witl1 the subject line "Re: Baklava." In this email, IBRAHIM
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MOHAMMAD stated, in sum and substance, that he had received a check for FAROOQ MOHAMMAD, in the amount of $2414 USD, from an identified individual, known to the Grand Jury. IBRAHIM MOHAMMAD then stated, "since I'd deposited that $17k, you'd told me not to deposit anymore so it's still with me."
251. On or about September 4, 2009, IBRAIDM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "c card default." In this email, IBRAHIM MOHAMMAD stated, "apparently if you have an unsecured loan like credit cards, then the creditor can go to cmui to obtain a means of retrieving their money. the comi can them grant them power to go after the debtor's wages, property or their checking/savings accounts. just wanted to give you the heads up. maybe its best not to keep much money in your account."
252. On or about September 7, 2009, IBRAIDM MOHAMMAD viewed an online news article entitled "IEDs wreak havoc among forces in Afghanistan." Immediately after viewing this article, IBRAIDM MOHAMMAD entered the search te1ms "Taliban ied" into the website YouTube. For approximately two hours, IBRAIDM MOHAMMAD then accessed numerous videos available on YouTube, including: 'Taliban Clip;" "American Taliban... Must Watch;" "Taliban vs. Kafirs;" "Taliban Mujahideen;" "The Deadliest Month for Foreign Troops in Afghanistan;" "Kuffaar soldiers starts crying after firefight with TALIBAN;" "LIVE FOOTAGE ofiED that killed 2 Canadian ISAF [International Secmity Assistance Force] troops and wounded 5... near Kandahar;" "2 lED attacks on U.S. Convoy in Iraq;" "TED Blast in Afghanistan;" "Tank vs lED." After viewing these videos, IBRAHIM MOHAMMAD entered the search terms "mujahideen in Afghanistan" into the website YouTube. IBRAHIM MOHAMMAD then accessed a video available on YouTube entitled "Tmkey Mujahideen in Afghanistan."
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. 253. On or about September 7, 2009, IBRAHIM MOHAMMAD sent an email to FAROOQ MOHAMMAD with the subject line "keeping it simple." This email contained a link to the YouTube video entitled 'Tmkey Mujahideen in Afghanistan."
254. On or about September 12, 2009, IBRAHIM MOHAMMAD visited a website offering the complete collection of Awlaki lectmes updated tln·ough September 2009.
255. On or about September 25, 2009, the Paypal account ofFAROOQ MOHAMMAD received a transfer of $650 USD from a National City Bank checking account, ending 6219, held by FAROOQ MOHAMMAD.
256. On or about September 25, 2009, the Paypal account ofFAROOQ MOHAMMAD made a payment of $650 USD to the Paypal account of Individual A.
257. On or about September 26, 2009, ASIF SALIM sent an email to FAROOQ MOHAMMAD with the subject line "Re: [Book Club] Motivating Hadith." In this email, ASIF SALIM stated, in sum and substance, that he had attempted to call FAROOQ MOHAMMAD earlier in the week, but was unable to reach him. ASIF SALIM further asked, "Anything on the southern front?" On or about this same date, FAROOQ MOHAMMAD replied to ASIF SALIM and stated, "There's no communication on the southern front since before Ramadaan. Things seem to have become very chaotic up north just after our visit though. I'll keep you updated ifl hear anything."
258. On or about October 5, 2009, FAROOQ MOHAMMAD sent an email to Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3, IBRAHIM MOHAMMAD, ASIF SALIM, and Unindicted Co-Conspirator #1 with the subject line "AA email." In this email, FAROOQ MOHAMMAD stated, "[Thank you] to everyone who helped. Please let me know if you can find any useful info." FAROOQ MOHAMMAD then provided a link to an
62

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image file that had been uploaded to Website 1. The link was to a "private" part ofthe website. This email included the usemarne and password needed to access the file.
259. On or about October 5, 2009, FAROOQ MOHAMMAD transferred $400 USD from his National City Bank checking account, ending in 6219, to his Paypal account.
260. On or about October 5, 2009, FAROOQ MOHAMMAD made a payment of$400 USD from his Paypal account to the Paypal account oflndividual A.
261. On or about October 11, 2009, Unindicted Co-Conspirator #3 sent an email to FAROOQ MOHAMMAD and Unindicted Co-Conspirator #2. Attached to the email was a scan of a handwritten note from Unindicted Co-Conspirator #3 stating that he had been asked to meet with a security officer from the immigration office. Unindicted Co-Conspirator #3 suggested they meet. That same day, Unindicted Co-Conspirator #2 and Unindicted Co-Conspirator #3 engaged in a communication. In the communication, they discussed why a security officer wanted to talk to Unindicted Co-Conspirator #3, who explained, "that's not good. coz i dont know why they want me. im assuming the worst & that's why i want us to have a consensus on the story."
262. On or about October 14, 2009, IBRAHIM MOHAMMAD sent an email to an identified individual, known to the Grand Jury, with the subject line "part 21ink." In the email, IBRAHIM MOHAMMAD provided a link to Website 1, where a file entitled "aa_medinan_vol2" was available. In this email, IBRAHIM MOHAMMAD stated, "its still uploading, should be ready around 2 am. just try it in the morning sometime."
263. On or about November 10, 2009, IBRAHIM MOHAMMAD, after receiving a link to an online news story about the Awlaki blog entry "Nidal Hassan Did the Right Thing," from an identified individual, known to the Grand Jury, replied: "lol, I was about to send you
63

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something along those lines ... but decided against it. .. yeah, I've read it... I read it on aa's website when it was posted this morning... its been taken down since."
264. On or about December 26, 2009, IBRAHIM MOHAMMAD, after receiving a. link to an online news story about an attempted airstrike on AI Qaeda leaders in Yemeli, including Awlaki, responded: "[M]ay Allah preserve him [Awlaki]."
265. On or about January 19,2010, IBRAHIM MOHAMMAD forwarded to an identified individual, known to the Grand Jury, a reference to a Time Magazine article on Awlaki. IBRAHIM MOHAMMAD stated, "there's a4 page article on sh. AA [Awlaki] in this weeks Time magazine... read it and you'll realize how all their values of freedom and human rights go out the window when it concerns muslims ... what armoyed me about the TIME article was how baseless allegations are so easily presented as facts. like whatever happ[e]ned to joumalistic standards they have charts and time lines plotting sh. aa's apparently nefarious double life... with every allegation that could possibly be levelled against him presented as proven fact."
266. On or about January 19, 2010, IBRAHIM MOHAMMAD also forwarded to this identified individual a link to an online video, originally released by As-Salmb, the media wing of AI Qaeda, on or about January 9, 2010. In this video, Humam Khalil Abu-Mulal al-Balawi claimed responsibility for a suicide bomb attack in Khost, Afghanistan which killed seven employees of the United States government.
267. On or about January 21, 2010, an identified individual, known to the Grand Jury, sent IBRAHIM MOHAMMAD a link to the complete blog entry 'Tawfique Chowdhmy's Alliance with the West" as it originally appeared on the Awlalci website. IBRAHIM MOHAMMAD replied, "why're you getting into this now?"
64

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268. On or about April21, 2010, SULTANE SALIM sent an email to an identified individual, known to the Grand Jury, with the subject line "da trip." In this email, SULTANE SALIM addressed an upcoming hiking trip and stated, "I'm glad you're thinking about it more seriously now cuz I definitely don't want you thinking it'll be a walk in the park and then find out it's much rougher. .. Of course I don't have to remind you of the following ahadeeth from Saheeh Muslim: 'If someone dies without participating in <blank> and not having the intention of ever doing <blank>, he has died on a branch of Hypocrisy (Nifaaq).' (For me, I don't think playing tennis on the weekends or listening to CD's proves that I had the intention.)." ·
269. On or about September 12, 2010, FAROOQ MOHAMMAD sent an email to an identified individual, known to the Grand Jury, with the subject line "Re: Student loans." In this email, FAROOQ MOHAMMAD stated, "Of course taking a loan and agreeing to pay interest on it is hararn [forbidden]. There's another opinion that taking a loan from a nation that is at war with Islam while having no intention to repay it or the interest"on it is allowed and even commendable as an act of war to weaken the enemy. I doubt you will hear this from anyone publicly though."
270. At an exact date unknown, but at least as late as in or around October 2011, IBRAHIM MOHAMMAD deleted numerous emails from an account with an identified Internet Service Provider, including emails containing the words and phrases "Awlaki," "A A," "AA," "jihad,'' ''Taliban,'' and ''Yemen."
271. On or about October 19, 2011, in Chicago, Illinois, less than three weeks after Awlaki's death, SULTANE SALIM made false statements to agents of the Federal Bureau of Investigation. In sum and substance, SULTANE SALIM stated that he had written several checks to IBRAHIM MOHAMMAD in order to repay a loan IBRAHIM MOHAMMAD made to
65

Case: 3:15-cr-00358-JZ Doc #: 1 Filed: 09/30/15 66 of 72. PageID #: 66
him in 2002. In sum and substance, SULTANE SALIM stated that this loan enabled him to pmchase a house. SULTANE SALIM further stated, in sum and substance, that he had no knowledge ofFAROOQ MOHAMMAD. SULTANE SALIM further stated, in sum and substance, that he had never watched an Awlaki lecture or video, and that he had never personally provided, or knew anyone who had provided, any money to Awlaki. SULTANE SALIM fmther denied, in sum and substance, any knowledge of Awlaki's website.
272. At an exact date unknown, but at some time between on or about October 19,
2011 and January 9, 2012, FAROOQ MOHAM.MAD instructed IBRAH- IM MOHAMMAD to
lie to the Federal Bureau oflnvestigation if questioned. 273. On or about December 8, 2011, in the Northern District of Ohio, IBRAHIM
MOHAMMAD made false statements to the Federal Bmeau oflnvestigation. In sum and substance, IBRAHIM MOHAMMAD stated that he had not engaged in any financial transactions with SULTANE SALIM or ASIF SALIM, and that SULTANE SALIM and ASIF SALIM had not written any checks to him. IBRAHIM· MOHAMMAD further falsely stated, in sum and substance, that he would have no reason to engage in financial transactions with SULTANE SALIM or ASIF SALIM, and that he would remember something like those transactions.
274. On or about January 9, 2012, in the United Arab Emirates, FAROOQ MOHAMMAD made false statements to the Federal Bureau oflnvestigation. In sum and substance, FAROOQ MOHAMMAD stated that the July 2009 checks from SULTANE SALIM were repayment of a $12,000 USD home )oan provided fi"om FAROOQ MOHAMMAD to SULTANE SALIM in or around 2002. FAROOQ MOHAMMAD further stated, in sum and
66

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substance, that SULTANESALIM had repaid $17,000 because the house had been resold at a 50-percent profit.
275. On or about Janumy 9, 2012, in the United Arab Emirates, ASIF SALIM made false statements to the Federal Bureau oflnvestigation. In sum and substance, ASIF SALIM stated that he was aware of an ongoing investigation into funds provided by SULTANE SALIM to FAROOQ MOHAMMAD, but that SULTANE SALIM had never told ASIF SALIM the purpose of any funds ever provided to FAROOQ MOHAMMAD: ASIF SALIM further stated, in sum and substance, that he had never provided any funds to FAROOQ MOHAMMAD.
276. At an exact date unknown, but before in or around January 2012, FAROOQ MOHAMMAD deleted all emails, except for one, dated from on oi· about Februmy 1, 2008 through on or about Janumy 15,2010, from an account with an identified Internet Service Provider.
277. At an exact date unknown, but between on or about November 22, 2011 and January 9, 2012, ASIF SALIM deleted all fifty (50) emails from a folder entitled 'Trips" located in the email inbox of an account on an identified Internet Service Provider. These emails included correspondence to FAROOQ MOHAMMAD dated July 8, 2009; and correspondence related to hiking trips made in 2009 and 2010.
All in violation of Title 18, United States Code, Section 2339A.
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COUNT TWO (Providing Material Support and Resources to Terrorists) The Grand Jury further charges: 278. The allegations of paragraphs I through 24 of this Indictment are re-alleged and incorporated as if fully rewritten. 279. In or about July 2009, in the Northern District of Ohio, and elsewhere, the defendants YAHYA FAROOQ MOHAMMAD, IBRAHIM ZUBAIR MOHAMMAD, ASIF AHMED SALIM, and SULTANE ROOME SALIM did knowingly and intentionally provide material support and resources, to wit: property and services, including currency and monetary instruments, knowing and intending that they were to be used in preparation for, and in carrying out, violations of Title 18, United States Code, Sections 1114 (killing of officers and employees of the United States), 2332 (killing of U.S. nationals), and 2332b (acts of terrorism transcending national boundaries). All in violation of Title 18, United States Code, Sections 2339A and 2.
COUNT THREE (Conspiracy to Commit Bank Fraud) The Grand Jury further charges: 280. The allegations of paragraphs I through 24 of this Indictment are re-alleged and incorporated as if fully rewritten herein. 281. From in or around January 2007, to in or around September 2010, in the Northern District of Ohio, and elsewhere, the defendants, YAHYA FAROOQ MOHAMMAD and IBRAHIM ZUBAIR MOHAMMAD, and others known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire and agree with and among each other, and with
68

Case: 3:15-cr-00358-JZ Doc #: 1 Filed: 09/30/15 69 of 72. PageID #: 69
and among others known and unknown to the Grand Jury, to commit barlk fraud: tbat is, to knowingly devise and intend to devise a scheme and artifice (a) to defraud financial institutions .which were then insured by the Federal Deposit Insurance Corporation ("FDIC") and which were then financial institutions as defined by Title 18, United States Code, Section 20; and (b) to obtain money, funds, credits, assets and other property owned by, and under the custody ar1d control of, those financial institutions, by means of mate1ially false and fraudulent pretenses, representations, and promises, in violation of Title 18, United States Code, Sections 1344(1) and (2).
Object of the Conspiracy 282. It was the object of the conspiracy that FAROOQ MOHAMMAD and IBRAHIM MOHAMMAD, and others known and unknown to the Grand Jury, obtained money for themselves by using credit cards in the nar11e ofFAROOQ MOHAMMAD to obtain money from the finar1cia1 institutions issuing the credit cards with no intention of repaying the amounts obtained from the finar1cial institutions.
Manner and Means 283. It was pari of the conspiracy that FAROOQ MOHAMMAD applied for and obtained credit cards from Americar1 Express, Citibmlk, First National Bank of Omalm, and Discover, which were then financial institutions insured by the FDIC. 284. It was further pari of the conspiracy that at the time the credit car·ds were issued to FAROOQ MOHAMMAD, he promised to repay any mnounts char·ged to the credit cards, when, at the time, he had no intention to do so. 285. It was further part of the conspiracy that FAROOQ MOHAMMAD and IBRAHIM MOHAMMAD communicated with each other and others via email regmding
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FAROOQ MOHAMMAD's plans to obtain the credit cards and his intent not to repay large amounts charged to them and instead to use the money for their own purposes.
286. It was further part of the conspiracy that in order to mislead the fmancial institutions issuing the credit cards as to his residence, FAROOQ MOHAMMAD, with the agreement ofiBRAHIM MOHAMMAD, provided one or more of the financial institutions with IBRAHIM MOHAMMAD's address in the Northern District of Ohio as his address, even though FAROOQ MOHAMMAD actually lived in the United Arab Emirates.
287. It was further part of the conspiracy that FAROOQ MOHAMMAD used the credit cards to make payments of funds to the Paypal accmmt of IBRAHIM MOHAMMAD. While in the Northern District of Ohio, IBRAHIM MOHAMMAD transferred the funds to Paypal accounts in the name of FAROOQ MOHAMMAD and FAROOQ MOHAMMAD's wife. FAROOQ MOHAMMAD then transferred the funds from these Paypal accounts to his bank account.
288. It was fuither pati of the conspiracy that FAROOQ MOHAMMAD used the credit cards to make payments of funds to the Paypal account of another individual, known tq the Grand Jury, who then caused the funds to be paid to FAROOQ MOHAMMAD.
289. It was further pati of the conspiracy that FAROOQ MOHAMMAD, with the assistance of IBRAHIM MOHAMMAD, used the credit cards to make tuition payments to University 1, located in the Northern District of Ohio, on behalf of Individual A. Individual B then repaid FAROOQ MOHAMMAD the amount of the tuition payment in the United Arab Emirates, effectively allowing him to move the wrongfully obtained money out of the United States without creating direct financial records.
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290. It was further part of the conspiracy that FAROOQ MOHAMMAD used the credit cards for other purchases, such as airfare to Yemen.
291. It was further part of the conspiracy that FAROOQ MOHAMMAD initially made payments on the credit card accounts in order to ensure the continued availability of credit; however, after using the credit cards to transfer large amounts that put the balances at or near the credit limits, FAROOQ MOHAMMAD stopped making payments on the credit card accounts.
All in violation of Title 18, United States Code, Section 1349.
COUNT FOUR (Conspiracy to Obstruct Justice) The Grand Jury further charges: 292. The allegations of paragraphs 1 through 24 of this Indictment are re-alleged and incorporated as if fully rewritten herein. 293. From a date unknown, but at least as early as in or around October 2011, and continuing until at least in or around January 2012, in the Northern District of Ohio, and elsewhere, the defendants, YAHYA FAROOQ MOHAMMAD, IBRAHIM ZUBAIR MOHAMMAD, ASIF AHMED SALIM, and SULTANE ROOME SALIM, did knowingly and intentionally combine, conspire and agree with and among each other, and with and among others known and unknown to the Grand Jury, to commit offenses against the United States, to wit, obstruction ofju~tice in violation of Title 18, United States Code, Sections 1512(c)(l) and (c)(2).
Object of the Conspiracy 294. It was the object of the conspiracy that FAROOQ MOHAMMAD, IBRAHIM MOHAMMAD, ASIF SALIM, and SULTANE SALIM, and others known and unknown to the
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Grand Jury, would colTuptly alter, destroy, mutilate, and conceal records, documents, and other objects, including email communications stored on accounts with identified Internet Service Providers, with the intent to impair the integrity and availability of these records, documents, and other objects for use in an official proceeding; and would corruptly obstruct, influence, and impede an official proceeding.
Manner and Means 295. It was apart of the conspiracy that one or more of the co-conspirators attempted to conceal evidence relevant to an official proceeding by intentionally making false statements, including omitting material facts, to gove=ent agents and officials. 296. It was a fiuiher part of the conspiracy that one or more of the co-conspirators attempted to conceal evidence relevant to an official proceeding by deleting email cmmnunications detailing their associations and activities.
Acts in Furtherance of the Conspiracy 297. In furtherance of the conspiracy and in order to effect its objects and conceal its existence, the defendants and their co-conspirators committed one or more of the following acts in the Northern District of Ohio and elsewhere: 298. As overt acts, the allegations of paragraphs 270 through 277 of this Indictment are re-alleged and incorporated as if fully rewritten herein. All in violation of Title 18, United States Code, Section l512(k).
A TRUE BILL. Original Document - Signatures on file with the Clerk of Courts, pursuant to the E-Government Act of2002.
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 Case: 3:15-cr-00358-SAE Doc #: 27 Filed: 12/21/15 1 of 2. PageID #: 186

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v. YAHYA FAROOQ MOHAMMAD,
Defendant.

) CASE NO.: 3:15CR358 ) ) JUDGE JACK ZOUHARY ) ) ) ) ) )

NOTICE OF INTENT TO USE FOREIGN INTELLIGENCE SURVEILLANCE ACT INFORMATION Now comes the United States of America, by and through counsel, Steven M. Dettelbach, United States Attorney, and Assistant U.S. Attorneys Matthew W. Shepherd, Christos Georgalis, and David Smith, and Trial Attorney Gregory Gonzalez, and hereby provides notice to defendant Yahya Farooq Mohammad and to the Court, that pursuant to Title 50, United States Code, Sections 1806(c) and 1881e(a), the United States intends to offer into evidence, or otherwise use or disclose in any proceedings in the above-captioned matter, information obtained or derived from electronic surveillance and acquisitions acquired pursuant to the Foreign Intelligence Surveillance Act of 1978 (FISA), as amended, 50 U.S.C. §§ 1801-1812 and 1881a.

Case: 3:15-cr-00358-SAE Doc #: 27 Filed: 12/21/15 2 of 2. PageID #: 187
Respectfully submitted, STEVEN M. DETTELBACH UNITED STATES ATTORNEY
By: /s/ Matthew W. Shepherd Matthew W. Shepherd Reg. No. 0074056 Assistant United States Attorneys 801 West Superior Avenue, Suite 400 Cleveland, Ohio 44113 Tel. No.: (216) 622-3859 Fax No.: (216) 685-2378 Matthew.Shepherd@usdoj.gov
CERTIFICATE OF SERVICE I hereby certify that on December 21, 2015, a copy of the foregoing NOTICE OF INTENT TO USE FOREIGN INTELLIGENCE SURVEILLANCE ACT INFORMATION was filed electronically. Notice of this filing will be sent by operation of the Court=s electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. mail. Parties may access this filing through the Court=s system.
/s/ Matthew W. Shepherd Matthew W. Shepherd Assistant United States Attorney

 
 Case: 3:15-cr-00358-JJH Doc #: 367 Filed: 05/01/18 1 of 3. PageID #: 9712

No. 18-3155
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

FILED
Apr 30, 2018
DEBORAH S. HUNT, Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellant,
v. ASIF AHMED SALIM,
Defendant-Appellee.

)

)

)

)

)

O R D E R

)

)

)

)

Before: SUHRHEINRICH, GILMAN, and SUTTON, Circuit Judges.
The United States appeals the district court’s order granting defendant Asif Ahmed Salim’s (Salim) third renewed application for release on bond pending trial on charges of conspiracy to provide material support to terrorists, in violation of 18 U.S.C. § 2339A and related offenses. Neither party requests oral argument.
We review the district court’s factual findings for clear error. Mixed questions of law and fact—including the ultimate question of whether detention is warranted—are reviewed de novo. United States v. Stone, 608 F.3d 939, 945 (6th Cir. 2010); United States v. Hazime, 762 F.2d 34, 37 (6th Cir. 1985). A defendant shall be detained pending trial if, after conducting a hearing, “the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community[.]” 18 U.S.C. § 3142(e)(1). In making that determination, the judicial officer shall take into account any available information concerning: (1) “the nature and circumstances of the

Case: 3:15-cr-00358-JJH Doc #: 367 Filed: 05/01/18 2 of 3. PageID #: 9713 No. 18-3155 -2-
offense charged”; (2) “the weight of the evidence against the person”; (3) “the history and characteristics of the person”; and (4) “the nature and seriousness of the danger to any person or the community” if the person is released. 18 U.S.C. § 3142(g)(1)–(4).
The default position of the law is that a defendant should be released pending trial, but that position is modified for certain “particularly dangerous defendants.” Stone, 608 F.3d at 945. Subject to rebuttal by the defendant, it is presumed that no condition or combination of conditions will reasonably assure the defendant’s appearance as required and the safety of any other person and the community if there is probable cause to believe that the person committed a federal crime of terrorism for which a maximum term of imprisonment of ten years or more is prescribed. 18 U.S.C. § 2332b(g)(5)(B); 18 U.S.C. § 3142(e)(3). Salim does not dispute that he is charged with offenses that trigger the presumption. The presumption shifts the burden of production to the defendant to show that his release would not pose a flight risk or a danger to any person and the community. The government retains the burden of persuasion. Stone, 608 F.3d at 945.
Salim did not meet that burden in his renewed motion for pretrial release with his proposal to reside now in Ohio with his mother, who is already serving as a third-party custodian for Salim’s co-defendant and brother, Sultane Salim. A defendant, charged with terrorism offenses, who has not lived in the country for several years, and who has previously been deemed a flight risk by another judge, does not overcome the presumption that he is a danger to the community or a flight risk simply by proposing to live with his mother and his co-defendant. The brothers are alleged to have committed terrorism crimes jointly, and to have jointly obstructed the federal investigation into those crimes. Putting them into a living situation, shortly before trial, where they can freely communicate, and potentially conspire again, is a bad

Case: 3:15-cr-00358-JJH Doc #: 367 Filed: 05/01/18 3 of 3. PageID #: 9714 No. 18-3155 -3-
idea. Furthermore, as the original district judge found, Salim has loose ties to Ohio and the United States and significant foreign connections.
Upon review of the facts and arguments presented, we conclude that the government has shown by clear and convincing evidence that the conditions of release imposed by the district court judge who is now presiding will not reasonably assure the safety of the community or avoid a risk of flight.
We therefore REVERSE the district court’s order releasing Salim on bond. Salim shall be detained pending trial.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk

 
 Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 1 of 18. PageID #: 9726
UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE

FORUTNHIETENWDOER.SSTTTHAEETRRENSNDDDIIVISSTITSRRIOIICCNTTCOOUFROT.Hf:Cn~IoeSrdOmw.~ agit:htoz~ tnh;e.~:· C!,l:a"{s;'s.1inffiQe;,d-~tcre.r .,----­ Date -~q..4:.'LJI-----­

United States of America,

Case No. 3: I 5-cr-358

Plaintiff

V,
I Yahya Farooq Mohammad, et al., \

CLASSIPIED MEMORANDUM OPINION

Defendants
.I
I

This matter is before me on the Government's classified, ex parte, in camera Motion for a

Protective Order under§ 4 of the Classified Information Procedures Act ("CIPA") and Federal

RuleofCriminal Procedure 16(d)(I).(SeeDoc. No. 172at 1; Doc. No. 314at 1.) For the

following reasons, the Government's Motion is granted.

I.

Defendants Yahya Parooq Mohammad, Ibrahim Zubair Mohammad, Asif Ahmed Salim, and Sultane Roome Salim were indicted on September 30, 2015, and charged with (Count I) conspiracy to provide and conceal material support to terrorists, in violation of 18 U.S.C. § 2339A; (Count 2) providing material support to terrorists, in violation of 18 U .S.C. § 2339A; (Count 3) conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349 (brought against Farooq and Ibrahim only); and (Count 4) conspiracy to obstruct justice, in violation of 18 U.S. C.

§ J5!2(k).(Doc. No.I at 12-72.) The Government accuses Defendants of conspiring to provide, and actually providing,
funds and other material support to Anwar al-Awlaki for the preparation and ex~'Cution of

UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 2 of 18. PageID #: 9727
UNCLASSiFIED I CLEAREo FOR PUBLIC RELEASE
terrorist attacks and killings. (See Doc. No. 1 at 12, 68.) The Government contends that Defendants conspired to obstruct its investigation into their illicit fundraising by making false statements to the FBI and destroying or concealing records. (Id at 65-67, 71-72.) And as to Farooq and Ibrahim, the Government additionally alleges that they conspired to raise money for al-Awlaki through various fraudulent credit card and PayPal transactions. (Id. at 68-71.)
Farooq has since pleaded guilty to the charges against him. (Doc. No. 284.) The other Defendants are scheduled to be tried on April23, 2018. (Doc. No. 259.)
On November 18, 2016, the Government moved for a protective order under CIPA § 4 and Federal Rule of Criminal Procedure 16(d)(!). (See Doc. No. 172.) The Government supplemented its Motion on February 16, 2018, (See Doc, No. 314.) The Government requests that I (1) conduct an ex parte and in camera review of the Government's § 4 submission, (2) order that the Government's submission be sealed and preserved to be made available to the appellate court in the event of an appeal, (3) authorize the Government to disclose to the defense a summary of statements in lieu of classified information, and (4) authorize the Government to delete specified items of classified information from the documents to be produced to the defense through discovery.
The Government docketed public notices of its § 4 filings, (See Doc. No. 172 at 1; Doc. No. 314 at 1.) The filings themselves were submitted under seal with the Classified Information Security Officer for my in camera and ex parte review. (See Doc. No. 172 at 1; Doc. No. 314 at 1.)
2 UNCLASSIFIED I ClEARED FOR PUBLIC RElEASE

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 3 of 18. PageID #: 9728
UfiCLASS!FIEO! Cl£AREJ FOR PUBLIC RELEASE

II.

A. CIPA§4

Under § 4 of Classified Information Procedures Act,

[t]he court, upon a sufficient showing, may authorize the United States to delete

specified items of classified information from documents to be made available to

the defendant through discovery under the Federal Rules of Criminal Procedure,

to substitute a surmnary of the information for such classified documents, or to

substitute a statement admitting relevant facts that the classified information

would tend to prove. The court may permit the United States to make a request for

such authorization in the form of a written statement to be inspected by the court

alone. If the court enters an order granting relief following such an ex parte

showing, the entire text of the statement of the United States shall be sealed and

preserved in the records of the court to be made available to the appellate court in

the event of an appeal.

·

18 U.S.C. app. 3 § 4. This section, in other words, "permits the government to have the trial

court examine classified information in camera and ex parte and determine whether it is

necessary for the defense." United States v. Hanna, 661 F.3d 271, 295 (6th Cir. 2011) (quoting

United States v. Smith, 899 F.2d 564, 565 n.1 (6th Cir. 1990)).

The Sixth Circuit has adopted the "relevant and helpful" standard for determining under

CIPA § 4 whether classified information should be disclosed to the defense. See United States v.

Amawi, 695 F.3d 457, 470 (6th Cir. 2012). This standard involves a three-step analysis. First, the

court must determine that the information is relevant. Id Second, the court must determine

whether the Government has asserted a colorable claim ofprivilege over the information. Id; see

also Hanna, 661 F.3d at 295 ("[A] protective order will only issue against disclosure of

'classified information,' , , . and 'classified information' is 'information or material that has been

determined by the United States Government ... to require protection against unauthorized disclosure for reasons of national security."' (citations omitted)). And third, the court must determine that the information is helpful to the defense. Amawi, 695 F.3d at 470; see a/so United

3 UNCLASSIFIED ICLEARED FOR PUBLIC RELEASE

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 4 of 18. PageID #: 9729
U~!CLAS3:F!EJ ;' CLEARC~ FOR PUBLIC RE~L~SE
States v. Yunis, 867 F.2d 617 (D.C. Cir. 1989) (holding that "classified information is not discoverable on a mere showing of theoretical relevance," but only on a showing that the information is at least helpful to the defense). In applying this analysis, the court acts, in essence, as "standby counsel for the defendants," placing itself in defense counsel's shoes and determining what may be relevant and helpful to the defendants' case. Amawi, 695 F.3d at 471.
The relevant and helpful standard under CIPA § 4 is easier to satisfy than the favorable materiality standard under Brady v. Maryland, 373 U.S. 83, 87 (I 963). All Brady evidence that is favorable is also relevant and helpful under CIPA § 4, but not all relevant and helpful evidence is favorable. Amawi, 695 F.3d at 471; see also United States v. Mejia, 448 F.3d 436, 456-57 (D.C. Cir. 2006) ("While Brady information is plainly subsumed within the larger category of information that is 'at least helpful' to the defendant, information can be helpful without being 'favorable' in the Brady sense ...."). "Simply stated, evidence that needs to be disclosed under Brady would also need to be disclosed under [CIPA § 4], but not the other way around." Amawi, 695 F.3d at 471.
If, after applying the three-step analysis, the court determines that the classified information is relevant and helpful to the defense, the court sho1,1ld consider "the protective options short of full disclosure that are set forth in CIPA § 4, namely, permitting the government 'to substitute a summary of the information for such classified documents, or to substitute a statement admitting relevant facts that the classified information would tend to prove."' Mejia, 448 F.3d at 457 n.l8 (quoting 18 U.S.C. app. 3 § 4). B. Defendants' Objections
Defendants object to an ex parte, in camera review of the Government's § 4 filings. (See,
4
11~''"'' ...... ,,.,,.. .. ' "'' ,. ',,_"

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 5 of 18. PageID #: 9730
e.g., Doc. No. 178 at 1-2.)1 They contend that defense counsel holding appropriate security clearance should be permitted to review the Government's § 4 filings because (i) ex parte proceedings are disfavored, (ii) the Supreme Court has held that defendants are entitled to disclosure and adversarial review when courts address Fourth Amendment suppression issues, and (iii) I am ill-equipped to act as surrogate defense counsel. (See id. at 1-2, 7-11; Doc. No. 179 at 3-10; Doc. No. 180 at 1.) Alternatively, Defendants aver that I should "(a) require the Government to disclose its legal arguments in support of its§ 4 application to cleared defense counsel; and/or (b) provide defense counsel an opportunity to present to the Court ex parte information that will significantly assist the Court's review of the [G]overnment's § 4 submission, as well as its evaluation of whether that submission includes discoverable information." (Doc. No. 178 at 1-2; Doc. No. 180 at 1-2.)
Defendants' objection to an ex parte, in camera review of the Government's § 4 filings lacks merit. Regardless of whether ex parte proceedings are generally disfavored, Federal Rule of Criminal Procedure 16(dX1) and CIPA § 4 explicitly provide for such proceedings in certain circumstances. Rule 16(d)(1) states that "[a]t any time, the court may, for good cause, deny, restrict or defer discovery or inspection, or grant other appropriate relief," as well as "permit a party to show good cause by a written statement that the court will inspect ex parte." Fed. R.
Crim. P. 16(d)(1); see Hanna, 661 F.3.d at 294. And CIPA § 4 states that the Government may
make a request for authorization to delete classified information from discovery "in the form of a
written statement to be inspected by the court alone." 18 U.S.C. app. 3 § 4; see Hanna, 661 F.3d
at 294-95. The Government's representation regarding the harm that could result from disclosure
1 Su1tane, Asif, and Ibrahim have adopted the arguments made by Farooq in his Memorandum in Opposition. (See Doc. No. 179 at 2; Doc. No. 180 at 2; Doc. No. 183 at 1.) Additionally, Asifhas adopted Sultane's arguments, and Ibrahim has adopted the arguments made by Su1tane and Asif. (See Doc. No. 180at2; Doc. No.183at 1.)
5

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 6 of 18. PageID #: 9731
of the classified information-even to cleared counsel-eonstitutes good cause for me to review the Govermnent's Motion ex parte and in camera. The propriety of this approach is reinforced by my conclusion (explained below) that none of the classified information the Govermnent proposes to delete from discovery is relevant and helpful to Defendants. See Hanna, 661 F.3d at 295 (holding that the district court acted within its discretion in withholding from the defendant the Govermnent's ex parte, in camera submission given that the withheld information "would not [have been] helpful to the defense").
Defendants contend that they are entitled to disclosure an adversarial review of the Govermnent' s § 4 filings because the Govermnent might be attempting to clandestinely litigate Fourth Amendment suppression issues using CIP A. (See Doc. No, 179 at 4-1 0.) Defendants rely on Alderman v. United States, 394 U.S. 165, 168, 180-85 (1969), and its progeny for this proposition. (See Doc, No. 179 at 7-9.) But Alderman is inapposite. There, "the issue was whether surveillance materials should be produced and an adversarial hearing conducted where the prosecution planned to use evidence from surveillance that had already been deemed unlawful." United States v. Damrah, 412 F.3d 618, 624 (6th Cir. 2005) (emphasis added) (citing Alderman, 394 U.S. at 182...,'!3). Here, by contrast, none of the Govemnient's surveillance has been deemed unlawful. And nothing I have seen in my review ofthe classified documents in this case suggests that the Govermnent is using CIPA to conceal unlawful surveillance techniques.
I acknowledge that I am not in an optimal position to act as surrogate defense counsel. (See Doc. No. 178 at 9.) Nonetheless, I have sufficient knowledge of the case-and sufficient knowledge of Defendants' theories of the case--to detennine whether the Govermnent's § 4 filings discuss information that would be relevant and helpful to the defense. See Amawi, 695
6

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 7 of 18. PageID #: 9732
F.3d at 471 (Acting as standby counsel for the defendants "is not a position that we relish, yet it is required by CIPA, as interpreted by Yunis and its progeny.").
To the extent that Defendants argue for disclosure of the § 4 filings to defense counsel based on counsel's possession of security clearance, Defendants' argument again falls flat. As the Sixth Circuit has explained, even cleared counsel are not permitted to participate in the ex parte, in camera review under CIPA § 4. Amawi, 695 F.3d at 473. "The possession of a security clearance only becomes relevant after the district court determines, in accordance with section 4, that any classified information is discoverable." !d.
Defendants' alternative request for an ex parte meeting with me has been fulfilled. I met ex parte with defense counsel for all three defendants on November 16, 2017, with counsel for two ofthe defendants on December 14, 2017, and with counsel for the remaining defendant on January 5, 2018. At these ex parte meetings, counsel provided me with information to assist in my review of the Government's Motion.
As to Defendants' other alternative request-that I should order disclosure of the legal arguments supporting the Government's Motion-Defendants' request is not well taken. Under§ 4, the Government may make a request "in the form of a written statement to be inspected by the court alone." 18 U.S.C. app. 3 § 4. When a court enters an order granting the Government's requested relief following an ex parte showing, "the entire text ofthe statement of the United States shall be sealed and preserved." Jd (emphasis added). Contrary to Defendants' suggestion, § 4 does not distinguish between the Government's legal and factual arguments. Section 4 provides for an ex parte, in camera review of the Government's Motion in its entirety. See id C. The Government's § 4 Motion
I have carefully reviewed the Government's CIPA § 4 Motion, the Government's
7

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 8 of 18. PageID #: 9733 Supplemental Memorandum, and the documents accompanying those filings. l also met with the Government ex: parte on March 2, 2018, to inquire about three potential issues it identified while reviewing the materials. Based on the Government's responses at the hearing and supplemental filing related to these inquires plus my review of the § 4 materials, I conclude the information the Government seeks to substitute or delete from discovery is subject to a colorable claim of privilege and that the information to be deleted is not relevant and helpful to the defense. I outline this information below.
8

+ Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 9 of 18. PageID #: 9734
~ UNCI.ASSU'IE!ll CLEARED FOR PUBLIC REt..EAS!

I 9 UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE

.~

•

;
J

l Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 10 of 18. PageID #: 9735 UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE .~
10
~' UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE ~

Case: 3:15-cr-0035.8!~i -JJH Doc #: 373 Filed: 09/11/18 11 of 18. PageID #: 9736
' UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE

' ~
,'.

. I

II UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE

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UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE
12 UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 13 of 18. PageID #: 9738
'.;
UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE
' i
!
13
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Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 14 of 18. PageID #: 9739
UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE
4. Supplemental Memorandum In a June 6, 2017 Order (Doc. No. 242), Chief Judge Sargus granted in part Farooq's Motion for Discovery Concerning Sources of Terrorism Related Funding (Doc. No. 133) and held that Farooq was entitled to communications about the funding of Umar Farouk Abdulmutallab's mission to destroy Northwest Airlines Flight 253, The Government identified
that could be responsive to the 14
UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE

Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 15 of 18. PageID #: 9740
UNCLASSIFIED I CLEARED FOR PUBLIC RELEASE

(Suppl. Mem. at3.)

The Government ultimately concluded, though, t h a t - was not responsive to the Order

and prepared to file a CIPA § 4 motion to delet~ from discovery. (/d.) Farooq pleaded

guilty soon after the June 6 Order was issued. (/d.) Ibrahim, however, has since requested that

the Government provide him with any information responsive to the Order.

In its February 16,2018 Supplemental Memorandum to its CIPA § 4 Motion, the

Government requests permission to delete

from discovery. (Suppl. Mem.

at 4.) The Government contends t h a t - is not responsive to the June 6 Order. (/d. at 4, 6-

7.) And in the alternative, the Government avers t h a t - should be deleted from discovery

under CIPA § 4 because it is not relevant and helpful. (/d. at 4, 7-8.)

15
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Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 16 of 18. PageID #: 9741
UNCLASSI'ICD • CLtAREO FOR PUBLIC RELEASE
(ld at 8.) The Government, in other words, has already provided to Defendants any helpful information
5. March 2, 2018 Conference On March 2, 2018, I met with the Government ex parte to inquire about three potential issues I identified while reviewing the § 4 materials.
16
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Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 17 of 18. PageID #: 9742
UNCLASSIFIED' CLEARED FOR PUBLIC RELEASE
III. The Government's Motion for a Protective Order under C!PA § 4 and Federal Rule of Criminal Procedure 16(d)(l) is, accordingly, granted. The Government may disclose a summary of statements in lieu of classified information. And the Government may delete the specified items of classified information from the documents to be produced to Defendants through discovery. These determinations are subject to change if one or more of the Defendants is convicted or pleads guilty, as some information referenced in the Government's filings could be relevant and helpful for sentencing purposes. The Government's § 4 Motion, the Government's Supplemental Memorandum, and the documents accompanying those filings shall be sealed and preserved to be made available for review in the event of an appeal.
17
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Case: 3:15-cr-00358-JJH Doc #: 373 Filed: 09/11/18 18 of 18. PageID #: 9743

So Ordered.

sf Jeffrey J. Helmick United States District Judge

18

 
 Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 1 of 53. PageID #: 9744

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

United States of America, Plaintiff

Case No. 3:15-cr-358

v.
Yahya Farooq Mohammad, et al., Defendants

UNCLASSIFIED MEMORANDUM OPINION

Before me are several motions. 1 First, Defendants have requested the disclosure of Foreign Intelligence Surveillance Act ("FISA") material and the suppression of the evidence obtained or derived from electronic surveillance and physical searches conducted under FISA Titles I and III. (Doc. No. 148 at 1; Doc. No. 156 at 1.) These motions are denied.
Next, Defendants request the suppression of evidence obtained or derived from acquisitions made under FISA Section 702. (Doc. No. 146 at 1-2.) Defendants have also requested the disclosure of the FISA Section 702 materials relevant to this case. (Doc. No. 140 at 1.) These Section 702 motions are also denied.
And lastly, Defendants have requested an order directing the Government to provide notice and additional information about the surveillance it undertook in preparing this case. (Doc. No. 131 at 1.) This motion is denied as well.

1 All but one of the motions were filed by Yahya Farooq Mohammad, who has since pleaded guilty. The other Defendants have, with limited exceptions, joined Farooq's motions and adopted his arguments. (See Doc. Nos. 142, 143, 145, 155, 156, 160.) Sultane Roome Salim brings the remaining motion, (Doc. No. 156 at 1), which Asif Ahmed Salim has joined, (Doc. No. 160 at 2).

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 2 of 53. PageID #: 9745
I. Defendants Yahya Farooq Mohammad, Ibrahim Zubair Mohammad, Sultane Roome Salim, and Asif Ahmed Salim were indicted on September 30,2015, and charged with (Count I) conspiracy to provide and conceal material support to terrorists, in violation of 18 U.S.C. § 2339A; (Count 2) providing material support to terrorists, in violation of 18 U.S.C. § 2339A; (Count 3) conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349 (brought against Farooq and Ibrahim only); and (Count 4) conspiracy to obstruct justice, in violation of 18 U.S.C. § 1512(k). (Doc. No. I at 12-72.) The Government accuses Defendants of conspiring to provide, and actually providing, funds and other material support to Anwar a!-Awlaki for the preparation and execution of terrorist attacks and killings. (See Doc. No. I at 12, 68.) The Government contends Defendants conspired to obstruct its investigation into their illicit fundraising by making false statements to the FBI and destroying or concealing records. (!d. at 65-67, 71-72.) And as to Farooq and Ibrahim, the Government additionally alleges that they conspired to raise money for al-Awlaki through various fraudulent credit card and PayPal transactions. (!d. at 68-71.) Farooq has since pleaded guilty to the charges against him. (Doc. No. 284 at 1.) The other Defendants are scheduled to be tried on Apri123, 2018. (Doc. No. 259 at 1.) On December 21,2015, the Govermnent notified Defendants that it intends to offer into evidence, or otherwise use or disclose in any proceeding in this case, information obtained or derived from (i) electronic surveillance under FISA Title I (as to Sultane and Asif), (ii) physical searches under FISA Title III (as to Ibrahim, Sultane, and Asif), and (iii) acquisitions under FISA Section 702 (as to Ibrahim and Asif) under FISA. (See Doc. Nos. 28, 29, 30.)
2

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 3 of 53. PageID #: 9746
In response to these notices, Defendants have filed several motions. In motions directed at FISA Titles I and III (Doc. Nos. 148, 156), Defendants have moved for (i) me to review the Government's applications for FISAsurveillance and searches, (ii) the disclosure of the Government's applications for surveillance and searches, (iii) an evidentiary hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978), and (iv) the suppression of any evidence obtained or derived from illegally authorized or implemented surveillance or searches. (See Doc. No. 150 at 3; Doc. No. 156 at 1.)
In motions directed at FISA Section 702 (Doc. Nos. 140, 146), Defendants have requested (i) the disclosure of the Section 702 materials relevant to this case and (ii) the suppression of all evidence obtained or derived from acquisitions under Section 702. (Doc. No. 140 at I; Doc. No. 146 at 1.)
And in a motion aimed broadly at all of the Government's surveillance and evidencegathering methods (Doc. No. 131 ), Defendants request an order directing the Government to provide notice of "(I) each surveillance technique it used to obtain information about Defendant's communications or activities in its investigation; (2) the timing or duration of that surveillance; (3) the legal authority relied upon; and (4) the evidence obtained or derived from that surveillance." (Doc. No. 131 at 1.)
The Government opposes Defendants motions and has responded by filing classified and unclassified memoranda in opposition. The Government has also filed an affidavit signed by the Attorney General in which she declared under oath that "it would harm the national security of the United States to disclose or hold an adversary hearing with respect to the FISA Materials" in this matter. (Doc. No. 190 ~ 3.) The filing of this affidavit triggers a statutory mandate directing me to "review in camera and ex parte the application, order, and such other materials relating to
3

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 4 of 53. PageID #: 9747
the [FISAJ surveillance as may be necessary to determine whether the surveillance of the
aggrieved person was lawfully authorized and conducted." 50 U.S.C. § 1806(£); see also id. § 1881e(a).
I have conducted the required in camera, ex parte review of the FISA materials and now address Defendants' motions. I first consider the motions for disclosure and suppression under FISA Titles I and III (Doc. Nos. 148, 156).
II. Enacted in 1978, the Foreign Intelligence Surveillance Act, establishes a statutory framework under which executive branch agencies may collect foreign intelligence information. See United States v. Aziz, 228 F. Supp. 3d 363, 366 (M.D. Pa. 2017); see 50 U.S.C. § 1801, et seq. As part of this framework, Congress created two specialized courts: the Foreign Intelligence Surveillance Court ("FISC") and the Foreign Intelligence Surveillance Court of Review ("FISCR"). 50 U.S.C. § 1803. FISA authorizes the Chief Justice of the United States to designate eleven United States District Judges to sit as judges of the FISC. Id. § 1803(a)(1). FISC judges consider ex parte applications submitted by the executive branch for electronic surveillance and physical searches. See id. The FISCR, which is composed of three United States District or Circuit Judges designated by the Chief Justice, reviews denials by the FISC of applications for
FISA intelligence collection. I d. § 1803(b). FISA, as amended in 2001 under the USA PATRIOT Act ("Patriot Act") and as amended
again in 2008 under the FISA Amendments Act ("FAA''), consists of eight titles. As relevant here, Title I (codified at 50 U.S.C. §§ 1801 to 1813) deals with electronic surveillance, Title III (codified at 50 U.S. C.§§ 1821-1829) deals with physical searches, and Section 702 (part of Title VII and codified at 50 U.S.C. § 1881a) deals with the acquisition of foreign intelligence
4

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 5 of 53. PageID #: 9748
information from electronic communication service providers. Unlike surveillance under Titles I and III, Section 702 surveillance targets non-United States persons located abroad. See 50 U.S. C. § 188la(b). A. FISA Titles I and III
Titles I and III of FISA provide detailed procedures for the authorization and execution of electronic surveillance and physical searches.
1. Emergency Authorization and Standard FISA Application The Government typically must apply for and obtain an order from the FISC before conducting electronic surveillance under Title I or engaging in physical searches under Title III. See United. States v. Huang, 15 F. Supp. 3d 1131, 1136 (D.N.M. 2014). An exception to this general rule is when the Attorney General authorizes emergency surveillance or an emergency physical search. An emergency authorization is proper if the Attorney General (A) reasonably determines that an emergency situation exists with respect to the
employment of electronic surveillance [or a physical search] to obtain foreign intelligence information before an order authorizing such surveillance [or physical search] can with due diligence be obtained; (B) reasonably determines that the factual basis for the issuance of an order ... to approve such electronic surveillance [or physical search] exists; (C) informs, either personally or through a designee, a judge having jurisdiction . . . at the time of such authorization that the decision has been made to employ emergency electronic surveillance [or an emergency physical search]; and (D) makes an application ... to a judge having jurisdiction ... as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance [or physical search]. 50 U.S.C. § 1805(e)(l); see id. § 1824(e)(1).
5

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 6 of 53. PageID #: 9749
In all other circumstances, the Government must apply for and obtain an order from the
FISC before engaging in electronic surveillance under Title I or a physical search under Title III.
The application to conduct electronic surveillance or a physical search must include
(1) the identity of the [f]ederal officer making the application;
(2) the identity, if known, or a description of the specific target of the electronic surveillance [or physical search, and, in the case of a physical search, a description of the information, material, or property to be seized, reproduced, or altered];
(3) a statement of the facts and circumstances relied upon by the applicant to justify his belief that-
(A) the target of the electronic surveillance [or physical search] is a foreign power or an agent of a foreign power[, and, in the case of a physical search, the premises or property to be searched contains foreign intelligence information];
(B) each of the facilities or places at which the electronic surveillance [or physical search] is directed is ... or is about to be used, [owned, possessed by, or in transit to] a foreign power or an agent of a foreign power;
(4) a statement of the proposed minimization procedures;
(5) a description of the nature of the information sought and the type of communications or activities to be subjected to the [electronic] surveillance[, or, in the case of a physical search, a statement of the nature of the foreign intelligence sought and the manner in which the physical search is to be conducted];
(6) A certification [of a high-ranking executive branch official]-
(A) that the certifying official deems the information sought to be foreign intelligence information;
(B) that a significant purpose2 of the surveillance [or physical search] is to obtain foreign intelligence information;
2 As originally enacted, FISA required a high-ranking member of the executive branch to certify that "the purpose" of the surveillance was to obtain foreign intelligence information. Aziz, 228 F. Supp. 3d at 367. The required certification changed when Congress enacted the Patriot Act in 2001. See id. The Patriot Act amended FISA to require that a high-ranking executive branch official certify that the acquisition of
6

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 7 of 53. PageID #: 9750
(C) that such information cannot reasonably be obtained by normal investigative techniques;
(D) that designates the type of foreign intelligence information being sought ...; and
(E) including a statement of the basis for the certification that-
(i) the information sought is the type of foreign intelligence information designated; and
(ii) such information cannot reasonably be obtained by normal investigative techniques;
(7) a summary statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the [electronic] surveillance[, and, in the case of a physical search of the residence of a United States person, the Attorney General shall state what investigative techniques have previously been utilized to obtain the foreign intelligence information concerned aud the degree to which these techniques resulted in acquiring such information];
(8) a statement of the facts concerning all previous applications that have been made to any judge under this subchapter involving auy of the persons, facilities, or places specified in the application, aud the actions taken on each previous application; and
(9) a statement of the period of time for which the electronic surveillance is required to be maintained ....
50 U.S. C. § 1804(a); see id § 1823(a) (footnote added). The Attorney General must approve
applications for electronic surveillance or physical search before they are presented to the FISC.
See id §§ 1804(a), 1823(a).
As used in FISA, "foreign intelligence information" encompasses "information that
relates to, and if concerning a United States person is necessary to, the ability of the United
States to protect against- (A) actual or potential attack or other grave hostile acts of a foreign
power or au agent of a foreign power; [or] (B) ... international terrorism ... by a foreign power
foreign intelligence information is "a significant purpose" of the requested surveillance. See id; 50 U.S.C. §§ 1804(a)(6)(B), 1823(a)(6)(B).
7

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 8 of 53. PageID #: 9751
or an agent of a foreign power ...."50 U.S.'C. § 1801(e)(1); see id. § 1821(1). The term also encompasses "information with respect to a foreign power ... that relates to, and if concerning a United States person is necessary to-(A) the national defense or the security of the United States; or (B) the conduct ofthe foreign affairs of the United States." Id. § 1801(e)(2); see id. § 1821 (1 ).
A "United States person" encompasses United States citizens and aliens lawfully admitted for permanent residence in the United States. 50 U.S.C. § 1801(i); see id. § 1821(1).
A "foreign power" includes any "group engaged in international terrorism or activities in preparation therefor." 50 U.S.C. § 180l(a)(4); see id. § 1821(1). And an "agent of a foreign power" encompasses "any person other than a United States person, who ... acts in the United States ... as a member of a foreign power ... irrespective of whether the person is inside the United States" or "engages in international terrorism or activities in preparation therefore." Id. § 180l(b)(1); see id. § 1821(1). An agent of a foreign power also encompasses "any person who .. . knowingly engages in ... international terrorism, or activities that are in preparation therefore, for or on behalf of a foreign power" or "knowingly aids or abets any person in the conduct of [the activities just described] or knowingly conspires with any person to engages in [those] activities." Id. § 1801(b)(2); see id. § 1821(1).
Also referenced in the application requirements above (and in other FISA titles), "minimization procedures" are specific procedures, adopted by the Attorney General, that are, among other things,
reasonably designed in light of the purpose and technique of the particular surveillance [or physical search], to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States person consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information.
8

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 9 of 53. PageID #: 9752
50 U.S.C. § 1801(h)(l); see id. § 1821(4)(A). Notably, minimization procedures allow "for the
retention and dissemination of information that is evidence of a crime which has been, is being,
or is about to be committed and that is to be retained or disseminated for law enforcement
purposes." Id. §§ 1801(h)(3), 1821(4)(C).
2. FISC Order
After reviewing the Government's application, the FISC will issue an ex parte order
authorizing electronic surveillance or physical searches if it finds that
(I) the application has been made by a [f]ederal officer and approved by the Attorney General;
(2) on the basis of the facts submitted by the applicant there is probable cause to believe that-
(A) the target of the electronic surveillance [or physical search] is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
(B) each of the facilities or places at which the electronic surveillance [or physical search] is directed is ... or is about to be used, [owned, possessed by, or is in transit to] a foreign power or an agent of a foreign power;
(3) the proposed minimization procedures meet the definition of minimization procedures under [FISA]; and
(4) the application ... contains all statements and certifications required [under§ 1804 (with respect to electronic surveillance) or § 1823 (with respect to a physical search)] ... and, if the tal'get is a United States person, the certification or certifications are not clearly erroneous ....
50 U.S.C. § 1805(a); see id. § 1824(a).
A FISC order must specify
(A) the identity, if known, or a description of the specific target of the electronic surveillance [or physical search] ... ;
9

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(B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known[, or, in the case of a physical search, the nature and location of each of the premises or property to be searched];
(C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance[, or, in the case of a physical search, the type of information, material, or property to be seized, altered, or reproduced];
(D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance[, or in the case of a physical search, a statement of the manner in which the search is to be conducted and, whenever more than one physical search is authorized under the order, the authorized scope of each search and a description of the minimization procedures applicable to the information acquired by each search]; and
(E) the period of time during which the electronic surveillance [or physical
searches areJ approved.
50 U.S. C. § 1805(c)(1); see id. § 1824(c)(1). A FISC order must also direct that the Government
follow the applicable minimization procedures. I d. §§ 1805(c)(2)(A), 1824(c)(2)(A).
Electronic surveillance and physical searches targeting a United States person may be
approved for up to 90 days; surveillance and searches targeting a non-United States person may
be approved for up to 120 days. See 50 U.S. C. §§ 1805(d)(1), 1824(d)(1). An extension to this
time frame may be obtained, but only if the United States submits another application that
complies with FISA's requirements. See id. §§ 1805(d)(2), 1824(d)(2). Extensions relating to a
United States person may be approved for up to 90 days; those relating to a non-United States
person may be approved for up to one year. See id.
3. District Court Review
An "aggrieved person" can move to suppress FISA-obtained or -derived evidence that the
Government seeks to use against him in a trial, hearing, or other proceeding in or before any
court. See 50 U.S.C. §§ 1806(e), 1825(f)(l). A person is aggrieved under FISA if he is the target
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of, or was subject to, electronic surveillance, see id. § 180l(k), or if his premises, property, information, or material is the target of, or was subject to, a physical search, see id. § 1821 (2). An aggrieved person can move for suppression on the grounds that (I) the information was unlawfully acquired or (2) the surveillance or physical search was not made in conformity with the FISC's order. See id. §§ 1806(e), 1825(1)(1).
When considering a motion to suppress evidence obtained through FISA collection, a court must review the Government's applications, the FISC's orders, and any documentation describing the execution of the collection. See United States v. Alwan, No.1 :11-CR-13, 2012 WL 399154, at *7-8 (W.D. Ky. Feb. 7, 2012).
a. Reviewing FISA Applications A district court's primary task in reviewing an application for FISA collection is to ensure that it contains all the statutorily mandated elements. See A/wan, 2012 WL 399154, at *7. When an application "was properly made and earlier approved by a FISAjudge, it carries a strong presumption of veracity and regularity in a reviewing court." !d. (quoting United States v. Pelton, 835 F.2d 1067, 1076 (4th Cir. 1987)). Consequently, district courts subject the Govemment's FISA applications to minimal scrutiny on review. !d. Like the application itself, the certification appended to a FISA application is also presumed valid and subjected only to minimal scrutiny. See, e.g., United States v. Badia, 827 F.2d 1458, 1463 (11th Cir. 1987); United States v. Duggan, 743 F.2d 59, 77 & n.6 (2d Cir. 1984). Neither the FISC nor a reviewing district court should "second-guess the executive branch official's certification." Duggan, 743 F.2d at 77. The reviewing court's role is merely to ensure the certifications were properly made. See id.; United States v. Ahmed, No. 1:06-cr-147, 2009 U.S. Dist. LEXIS 120007, at *20 (N.D. Ga. Mar. 19, 2009).
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Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 12 of 53. PageID #: 9755
b. Reviewing FISC Orders A district court must review FISC orders to ensure they contain the statutorily required findings, specifications, and directions. See A/wan, 2012 WL 399154, at *8, *10. One of the most critical findings the FISC must make before authorizing electronic surveillance is that probable cause exists to believe (a) the target of the surveillance or search is a foreign power or an agent of a foreign power and (b) each of the facilities or places at which the surveillance or search is targeted is or is about to be owned, used, possessed by, or is in transit to or from a foreign power or an agent of a foreign power. See 50 U.S.C. §§ 1805(a)(2), 1824(a)(2). There is some disagreement on the standard district courts should apply when reviewing the adequacy of the FISC's probable cause determination. A minority of courts has held that a standard deferential to the FISC's determination is appropriate. See Aziz, 228 F. Supp. 3d at 374. This Court, however, agrees with "[t]he more robust line of authority," which has concluded that a de novo standard applies. Id.; see, e.g., United States v. Hassan, 742 FJd 104, 138-39 (4th Cir. 2014) (stating that the district court reviewed the probable cause determinations de novo in accordance with the Fourth Circuit's precedent); United States v. Elshinawy, No. 16-0009,2017 WL 1048210, at *9 (D. Md. Mar. 20, 2017) (applying a de novo standard of review); United States v. Mubayyid, 521 F. Supp. 2d 125, 131 (D. Mass. 2007) (same); United States v. Rosen, 447 F. Supp. 2d 538, 545 (E.D. Va. 2006) (same). Consequently, in conducting my review of the Title I and Title III materials, I accord a presumption of validity to the Government's applications and supporting certifications, and I review de novo the FISC's probable cause determinations. See Duggan, 743 F.2d at 77 & n.6; A/wan, 2012 WL 399154, at *7-8; Mubayyid, 521 F. Supp. 2d at 131; Rosen, 447 F. Supp. 2d at 545.
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Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 13 of 53. PageID #: 9756
I
c. Ex Parte and In Camera Procedure The Government has filed an affidavit from the Attorney General in which she stated under oath that disclosure or an adversary hearing would harm the national security of the United States. (Doc. No. 190 ~ 3.) When the Government files such an affidavit, the district court must review the FISA materials in camera and ex parte. 50 U.S.C. § 1806(f). And when the Government files such an affidavit, the court may only order the disclosure of the FISA materials "where such disclosure is necessary to make ao accurate determination of the legality of the surveillaoce." !d. § 1806(f). Disclosure may be necessary under FISA where the court's initial review of the application, order, and fruits of the surveillaoce indicates that the question of legality may be complicated by factors such as "indications of possible misrepresentation of fact, vague identification of the persons to be surveilled, or surveillance records which include a significant amount of nonforeign intelligence information, calling into question compliance with the minimization standards contained in the order." United States v. Belfield, 692 F.2d 141, 147 (D.C. Cir. 1982) (quoting S. Rep. No. 95-701, at 64 (1978)). If, in other words, the court concludes that it can determine, without assistance or input from the aggrieved party, whether the FISA surveillance was lawful, the court may not order disclosure of the FISA materials. See 50 U.S. C.§ 1806(f); United States v. Amawi, 53! F. Supp. 2d 832, 837 (N.D. Ohio 2008). If the court determines based on its in camera and ex parte review that the FISA collection was lawfully authorized and conducted in conformity with the FISC's orders, the court must deny the aggrieved party's motions for suppression aod disclosure "except to the extent that due process requires discovery or disclosure." 50 U.S.C. § 1806(g). Courts have interpreted this to meao that disclosure is limited to that required under Brady v. Maryland, 373 U.S. 83 (1963). See Aziz, 228 F. Supp. 3d at 370; Amawi, 53! F. Supp. 2d at 837.
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Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 14 of 53. PageID #: 9757
B. Disclosure of the FISA Title I and Title III Materials I have reviewed, in camera and ex parte, the Title I and Title Ill materials submitted by
the Government. And through this review, I conclude that I can determine, on my own, whether the challenged FISA collection was lawful. I have not observed in the materials any complicating factors, such as misrepresentations of fact, vague identifications of surveillance targets, or evidence of significant non-foreign intelligence collection. See Belfield, 692 F.2d at 147. Disclosure is, accordingly, not necessary to make an accurate determination of the legality of the surveillance, see 50 U.S. C. §§ 1806(f), and Defendants' request for the disclosure of the FISA materials is denied.
Defendants stress that disclosure of FISA material is permitted to the extent that due process requires it. (Doc. No. 150 at 25-26 (citing 50 U.S. C.§ 1806(g)).) The due process exception does not apply here though. Courts have interpreted the exception narrowly; it encompasses only those materials that would be discoverable under Brady. See Aziz, 228 F. Supp. 3d at 370; Amawi, 531 F. Supp. 2d at 837. And here, my review of the FISA materials reveals no exculpatory information that would need to be disclosed under Brady.
As an additional argument for disclosure, Defendants contend that ex parte proceedings, like those mandated under FISA, are "antithetical to the adversary system that is the hallmark of American criminal justice" and that due process, therefore, requires defense counsel's participation in reviewing the FISA materials. (Doc. No. 150 at 26.)
Defendants have legitimate concerns regarding the fairness of ex parte proceedings. These types of proceedings, however, are not foreign to the American criminal justice system. See United States v. Daoud, 755 FJd 479, 482 (7th Cir. 2014) ("The judge appears to have believed that adversary procedure is always essential to resolve contested issues of fact. That is
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Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 15 of 53. PageID #: 9758
an incomplete description of the American judicial system in general and the federal judicial system in particular. There are ex parte or in camera hearings in the federal courts as well as hearings that are neither or both."); United States v. !sa, 923 F.2d 1300, 1307 (8th Cir. 1991) ("Courts often conduct in camera reviews in criminal proceedings when, as here, the defendant's right of confrontation is subordinated to competing interests of society.").
Nor are ex parte proceedings inherently unconstitutional or otherwise unlawful, as Defendants seem to suggest. See Daoud, 755 F.3d at 482-83. Indeed, numerous courts have found FISA' s ex parte proceedings permissible. See, e.g., !sa, 923 F.2d at 1306-07 (concluding that the Sixth Amendment right of confrontation is not violated by FISA's ex parte, in camera review procedures); United States v. Belfield, 692 F.2d 141, 147, 149 (D.C. Cir. 1982) ("The language of section 1806(f) clearly anticipates that an ex parte, in camera determination is to be the rule. Disclosure and an adversary hearing are the exception, occurring only when necessary.. . . [Moreover,] [a] claim that disclosure and an adversary hearing are constitutionally required goes directly contrary to all pre-FISA precedent on point. In this circuit and in others, it has constantly been held that the legality of electronic, foreign intelligence surveillance may, even should, be determined on an in camera, ex parte basis."); United States v. Thomas, 201 F. Supp. 3d 643, 650 (E.D. Pa. 2016) ("[T]he Court can safely reject Defendant's apparent contention that FISA's ex parte provisions are per se unlawful."); United States v. Nicholson, No. 09-CR-40, 2010 WL 1641167, at *3 (D. Or. Apr. 21, 2010) ("FISA's in-camera review provisions have been held to be constitutional."). And as most pertinent here, the Sixth Circuit has already rejected an argument similar to Defendants', holding that "FISA's requirement that the district court conduct an ex parte, in camera review of FISA materials does not deprive a defendant of due process." United States v. Damrah, 412 F.3d 618,624 (6th Cir. 2005) ("There is likewise no
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Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 16 of 53. PageID #: 9759
merit to Darmah's argument that Alderman v. United States, [394 U.S. 165 (1969)], mandates that surveillance materials [be produced] and an adversarial hearing be conducted before a district court can determine whether the surveillance was authorized and lawfully conducted. In Alderman, the issue was whether surveillance materials should be produced and an adversarial hearing conducted where the prosecution planned to use evidence from surveillance that had already been deemed unlawful."). Adhering to the Sixth Circuit's conclusion that FISA's ex parte and in camera procedures do not run afoul of constitutional due process requirements, I find that Defendants' argument lacks merit. C. Suppression of FISA-Obtained or -Derived Evidence
Defendants next move for suppression of evidence obtained or derived from surveillance and physical searches conducted under FISA Titles I and III. They advance two arguments-one constitutional and one statutory. Defendants contend that Titles I and III violate the Fourth Amendment. (Doc. No. 150 at 31-35.) And Defendants highlight several issues that might cause the surveillance and searches to run afoul ofFISA's statutory requirements. (Id. at 2-3.)
1. Fourth Amendment Argument Defendants' constitutional argument focuses on FISA's amendment by the Patriot Act in
2001. (See Doc. No. 150 at 31-32.) As amended, FISA allows for surveillance when "a
significant purpose" of the collection is the acquisition of foreign intelligence information. (Id. at 32 (quoting 50 U.S.C. §§ 1804(a)(6)(B), 1823(a)(6)(B)) (internal quotation marks omitted).) Prior to the amendment, FISA permitted surveillance only when "the purpose" of the surveillance was to obtain foreign intelligence information. Aziz, 228 F. Supp. 3d at 367. This change, Defendants argue, allows the Government to bypass the Fourth Amendment when
16

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 17 of 53. PageID #: 9760
gathering evidence for a criminal prosecution if the Government simply certifies that a significant purpose of the FISA collection is the acquisition of foreign intelligence information.
Defendants aclmowledge that courts have consistently upheld the constitutionality of the "significant purpose" standard. (Doc. No. 150 at 33.) They suggest, however, that these decisions should be revisited because they were issued before "the widely publicized public disclosures regarding the expansive nature of [FISA] Section 702's PRISM and [u]pstrearn collectionsparticularly insofar as they involve the collection of domestic communications of American citizens." (ld.) Because these surveillance programs allegedly "vacuum-up an untold number of domestic communications," courts should no longer "naively accept[] that the purpose ofFISA surveillance is foreign intelligence." (Id. at 33-34.)
Controlling precedent decides this issue. In 2005, the Sixth Circuit rejected a Fourth Amendment challenge to FISA's procedures. Damrah, 412 F.3d at 625. The court explained in Damrah that the defendant's Fourth Amendment challenge lacked merit, as "FISA has uniformly been held to be consistent with the Fourth Amendment." I d.; see also Clapper v. Amnesty Jnt 'l USA, 568 U.S. 398, 421 n.8 (2013) (In Damrah, "the Sixth Circuit ultimately held that FISA's procedures are consistent with the Fourth Amendment."). Damrah has not been overturned or altered in light of the public disclosures regarding PRISM and upstream collections. And consequently, Damrah forecloses Defendants' constitutional challenge.3
2. Statutory Argument Defendants' second suppression argument challenges the Government's adherence to FISA's statutory requirements. (See Doc. No. 150 at 2-3.) Defendants request suppression based
3 Although Defendants suggest in passing that FISA, as amended by the Patriot Act, may violate other constitutional provisions (i.e., the First, Fifth, and Sixth Amendments), Defendants' constitutional argument focuses exclusively on the Fourth Amendment implications ofFISA's "significant purpose" language. (See Doc. No. !50 at 31-35.)
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Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 18 of 53. PageID #: 9761
on various potential statutory violations: (1) the FISA applications may have failed to establish probable cause that Defendants, or whomever was targeted, was a "foreign power" or "an agent of a foreign power"; (2) the FISA applications may contain intentional or reckless material falsehoods or omissions; (3) the primary purpose of the electronic surveillance or physical searches may have been to obtain evidence of domestic criminal activity and not foreign intelligence information or, in other words, capturing foreign intelligence information may not have been a "significant purpose" of the surveillance or searches; (4) the surveillance or searches may have been impermissibly based on activity protected by the First Amendment; (5) the Government may have been able to obtain the evidence collected through the surveillance or searches through normal investigative techniques; (6) the Government may not have made the required certifications in the FISA applications, may have failed to obtain any necessary extension of prior FISA orders, or may have continued the surveillance or searches after any basis for such initial surveillance was no longer valid; (7) the Government may not have established or abided by the appropriate minimization procedures; (8) the surveillance or searches may have been based impermissibly on acquisitions conducted pursuant to FISA Section 702; and (9) the Government may have violated other provisions of FISA or the First or Fourth Amendments, in manners unknown to Defendants. (!d.; Doc. No. 156 at 9-17.)
Based on my in camera, ex parte review of the Title I and Title III materials, I find Defendants' concerns unwarranted. The FISA applications contained the statutorily required elements. The FISC's orders contained the necessary elements and properly found the existence of probable cause. And the surveillance and searches were conducted in compliance with the FISC's orders. Defendants are, consequently, not entitled to suppression of evidence obtained or derived from surveillance and physical searches conducted under FISA Titles I and III.
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Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 19 of 53. PageID #: 9762
D. Franks Hearing For their last argument relating to Titles I and III, Defendants move for an evidentiary
hearing nnder Franks v. Delaware, 438 U.S. 154, 155-56 (1978); Defendants request a Franks hearing so they can explore the veracity of the information set forth in the Government's applications. (Doc. No. 150 at 18-21.)
Under Franks, a criminal defendant may challenge the truthfulness of factual statements in an affidavit of probable cause through an evidentiary hearing. See Franks, 438 U.S. at 155-56, 171-72. When a defendant makes "a substantial preliminary showing" that the affidavit in question contains a false statement which was (1) lmowingly or recklessly made and (2) necessary to the finding of probable cause, the court must conduct an evidentiary hearing to examine the sufficiency of the affidavit. Id. at 155.
The Sixth Circuit has not explicitly held that Franks applies to FISA applications and orders. See Damrah, 412 F.3d at 624-25. The Sixth Circuit has indicated, however, that if Franks does apply in the FISA context, the threshold burden nnder Franks (i.e., making a substantial preliminary showing that the affidavit contains a false statement) should also apply. See id.
I recognize the challenge faced by a defendant in making a substantial preliminary showing that a FISA application contains a false statement when the defendant does not have access to the application. But the threshold burden exists nonetheless. See Mubayyid, 521 F. Supp. 2d at 131 ("The balance struck nnder FISA-which is intended to permit the gathering of foreign intelligence under conditions of strict secrecy, while providing for judicial review and other appropriate safeguards-would be substantially undermined if criminal defendants were
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Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 20 of 53. PageID #: 9763
granted a right of disclosure simply to ensure against the possibility of a Franks violation."). And here, Defendants have failed to satisfy that burden.
Defendants support their request for a Franks hearing with a discussion of a 2002 FISC decision, In re All Matters Submitted to the Foreign Intelligence Surveillance Court, 218 F. Supp. 2d 611, 620-21 (FISC 2002), in which the FISC reported that "[i]n September 2000, the government came forward to confess error in some 75 FISA applications related to major terrorist attacks directed against the United States"; these errors "related to misstatements and omissions of material facts." Id at 620. Defendants argue that these issues were not isolated or resolved-as revealed by a March 2006 Department of Justice Inspector General report, which found that the FBI had frequently violated its own wiretapping and other intelligence-gathering procedures in the two years preceding the report. (Doc. No. 150 at 20-21 (citing U.S. Dep't of Justice, Office of the Inspector Gen., A Review ofthe FBI's Handling ofintelligence Related to the September 11 Attacks (November 2004) 24-25, 29 (2006)).)
Defendants' argument falls flat. The Government's errors from more than a decade ago do not amount to a substantial preliminary showing that an application for FISA collection relevant to this case contains a false statement which was knowingly or recklessly made and necessary to the finding of probable cause. I also note that in my review of the FISA applications relevant to this case, I have not observed any false statements, let alone false statements made knowingly or recklessly that would be necessary to the finding of probable cause. Defendants' request for a Franks hearing is denied.
I next consider the motions for disclosure and suppression under FISA Section 702 (Doc. Nos. 140, 146).
III.
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A. FISA Section 702 As originally enacted, FISA defined "electronic surveillance" to cover four types of
domestically-focused foreign intelligence collection activities. See 50 U.S.C. § 180l(f); United States v. Hasbajrami, No. 11-CR-623, 2016 WL 1029500, at *4 (E.D.N.Y. Mar. 8, 2016). Because the definition did not apply to surveillance conducted outside the United States, Congress decided to modernize FISA by enacting, in 2007, the Protect America Act ("PAA''). Hasbajrami, 2016 WL I 029500, at *4. Under the PAA, the Director of National Intelligence ("DNI") and the Attorney General could authorize the acquisition of foreign intelligence information concerning persons reasonably believed to be outside the United States. !d. To authorize an acquisition, the DNI and the Attorney General had to certify (i) that there were reasonable targeting procedures in place to ensure that the surveillance targeted persons reasonably believed to be outside the United States, (ii) that the minimization procedures in place satisfied FISA's requirements, and (iii) and that a significant purpose of the acquisition was to obtain foreign intelligence information. !d. The PAA, however, expired in February 2008 due to a sunset provision. !d. at *5. In response, Congress enacted the FISA Amendments Act in July 2008. !d.
Section 702 of the FAA, codified at 50 U.S.C. § 188la, "supplements pre-existing FISA authority by creating a new framework under which the Government may seek the FISC's authorization of certain foreign intelligence targeting the communications of non-U.S. persons located abroad." Clapper, 568 U.S. at 404. Section 702, unlike FISA Titles I and III, allows for foreign intelligence acquisition without a requirement that the Government first demonstrate probable cause that the target of the collection is a foreign power or agent of a foreign power. !d. Also unlike the surveillance and searches conducted under Titles I and III, under Section 702, the
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Government can engage in foreign intelligence collection without first specifying the nature and
location of each of the facilities or places at which the acquisition will occur. !d.
Congress reauthorized Section 702 acquisitions in January 2018 with the passage of the
FISA Amendments Reauthorization Act of 201 7.
1. Authorization
The Attorney General and the DNI may, upon the issuance of an order from the FISC,
jointly authorize the "targeting of persons reasonably believed to be located outside the United
States" for a period of up to one year to acquire foreign intelligence information. 50 U.S. C. § 1881a(a).4 An authorization for Section 702 acquisition is subject to several limitations. The
authorization
(I) may not intentionally target any person known at the time of acquisition to be located in the United States;
(2) may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, !mown person reasonably believed to be in the United States;
(3) may not intentionally target a United States person reasonably believed to be located outside the United States;
(4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; [and]
(5) may not intentionally acquire communications that contain a reference to, but are not to or from, a target of an acquisition authorized under subsection (a), except as provided under section 103(b) of the FISA Amendments Reauthorization Act of2017; and
(6) shall be conducted in a manner consistent with the [Fourth Amendment]. ld. § 188la(b).
2. Submission to the FISC 4 "Foreign intelligence information" has the same defmition in § 188la that it has in § 1801(e). See 50 U.S.C. § 188l(a).
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Before the Government can acquire foreign intelligence information under Section 702, the Government must, with limited exceptions, obtain the FISC's approval of (I) the Government's certification regarding the proposed collection, (2) the applicable targeting procedures, and (3) the applicable minimization procedures. See 50 U.S.C. § 1881a(a), (c)(1)(B), (h)(! )(A), (j).
In the Government's certification, the Attorney General and the DNI must attest that (1) There are targeting procedures in place, which have been or will be submitted for approval
by the FISC, that are reasonably designed to ensure that the acquisition is limited to targeting person reasonably believed to be located outside the United States and to prevent the intentional acquisition of purely domestic communications; (2) The minimization procedures meet the definition of minimization procedures set forth in FISA Titles I and III (50 U.S.C. §§ 1801(h), 1821(4)) and have been or will be submitted for approval by the FISC; (3) Guidelines have been adopted by the Attorney General to ensure compliance with the limitations set forth in § 1881 a(b) and to ensure that an application for a FISC order is filed; (4) The targeting and minimization procedures and guidelines are consistent with the Fourth Amendment; (5) A significant purpose of the acquisition is to obtain foreign intelligence information; (6) The acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communication service provider; and (7) The acquisition complies with the limitations set forth in§ !881a(b). 50 U.S.C. § 188la(h)(2)(A).
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The Government's certification must include copies of the targeting and minimization

procedures. !d. § 1881a(h)(2)(B). The certification must "be supported, as appropriate, by the

affidavit of any appropriate official in the area of national security" who is either "appointed by

the President, by and with the advice and consent of the Senate" or "the head of an element of

the intelligence community." !d. § 1881 a(h)(2)(C). And the certification must include either "an

effective date for the authorization that is at least 30 days after the submission of the written

certification to the [FISC]" or, if the acquisition has already begun or the effective date is less

than 30 days after the certification's submission, "the date the acquisition began or the effective

I

date for the acquisition." !d. § 188la(h)(2)(D).

The Government's targeting procedures must be reasonably designed to (a) ensure that

any authorized acquisition "is limited to targeting persons reasonably believed to be located

outside the United States" and (b) "prevent the intentional acquisition of any communication as

to which the sender and all intended recipients are known at the time of the acquisition to be

located in the United States." 50 U.S.C. § 1881a(d)(l). And the Government's minimization

procedures must comport with the definition of the term as found in FISA Titles I and III (50

U.S.C. §§ 1801(h), 1821(4)). !d.§ 1881a(e)(l).

3. FISC Order

The FISC must review (I) the Government's certification, (2) the applicable targeting

procedures, and (3) the applicable minimization procedures, along with any amendments to the certification and procedures. 50 U.S.C. § 1881aG)(l)(A).5 The FISC reviews the certification to

ensure that it contains all the required elements. Id. § 1881a(j)(2)(A). And the FISC reviews the

targeting and minimization procedures to assess whether they comport with the requirements

5 Under the FISA Amendments Reauthorization Act of2017, the FISC must also review the querying procedures adopted by the Attorney General and the DNI. See 50 U.S.C. § 1881 a(t)(1), (j)(l)(A). This newly added requirement is not implicated in the present case.
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described above. Id § 1881a(j)(2)(B), (C). The FISC must conduct this review not later than 30 days after receiving the Government's submission. Id § 1881a(j)(1)(B).
In contrast to FISC approval of surveillance and searches conducted under FISA Titles I and III, FISC approval of Section 702 acquisitions does not entail an individualized court order for each person to be targeted. Hasbajrami, 2016 WL 1029500, at *5. Rather, the FISC approves annual submissions by the Attorney General and the DNI, thereby authorizing the acquisition of foreign intelligence information through the targeting of non-U.S. persons reasonably believed to be located outside the United States. See 50 U.S.C. § 1881a(a), (i)(3); Hasbajrami, 2016 WL 1029500, at *5.
If the FISC finds that the Government's certification contains the required elements and that the targeting procedures and minimization procedures comply with the statutory requirements and with the Fourth Amendment, the FISC "shall enter an order approving the certification and the use, or continued use [in limited circumstances], of the procedures for the acquisition." 50 U.S.C. § 188la(j)(3)(A). If, however, the FISC finds deficiencies in the certification, targeting procedures, or minimization procedures, the FISC must issue an order directing the Government to-at the Govermnent' s election and to the extent required by the order-(i) correct, within 30 days, any deficiency identified by the order or (ii) cease, or not begin, the implementation of the authorization. Id § l881a(j)(3)(B).
4. Section 702 Acquisition There are two types of Section 702 collection: PRISM and upstream. Hasbajrami, 2016 WL l 029500, at *6. When utilizing PRISM collection, the Government identifies the user accounts it wants to monitor and sends a "selector"-a specific communications facility, such as a target's email address or telephone number-to the relevant communications service provider.
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ld The Government then compels the service provider, through a directive, to provide it with communications sent to or from the selector. ld This process is known as "tasking" the selector. See id. PRISM collection, which intercepts "to/from" communications, can result in the interception of communications with U.S. persons if the target communicates with such a person. I d.
The Govermnent has represented this case does not involve upstream collection. (Doc. No. 191 at 19.) For background though, upstream collection involves the acquisition of communications through the compelled assistance of the providers that control the telecommunications backbone within the United States. Hasbajrami, 2016 WL 1029500, at *6. As with PRISM collection, upstream collection intercepts "to/from" communications. ld Upstream, however, also allows for the interception of "about" communications, which are communications that refer to, or are "about," a particular selector. Id. If a targeted email address were to appear in the body of an email, that email would, for example, constitute an "about" communication. !d. Due to its interception of "about" communications, upstream collection can result in the acquisition of wholly domestic communications of non-targeted persons. See id.
5. Oversight Section 702 requires that, at least every six months, the Attorney General and the DNI periodically assess the Government's compliance with the targeting procedures, minimization procedures, and relevant compliance guidelines. 50 U.S. C. § 1881a(m)(l ). The Attorney General and the DNI must submit those assessments to the FISC and to congressional oversight committees. Jd The Inspector General of the Department of Justice and the Inspector General of each element of the intelligence community authorized to acquire information through Section 702
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must, among other things, review the number of Section 702 targets that were later detennined to be located in the United States. 50 U.S.C. § l88la(m)(2). The head of each element of the intelligence community conducting Section 702 acquisitions must, annually, conduct a similar review. !d. § 188la(m)(3).
Additionally, the Attorney General must, at least every six months, "fully inform" the relevant congressional oversight committees about the implementation of Section 702. 50 U.S.C. § 188lf(a).
6. District Court Review Information acquired through Section 702 surveillance is "deemed to be information acquired from an electronic surveillance pursuant to [FISA Title I]" for purposes of an aggrieved person's motion to suppress. 50 U.S.C. § 188le(a)(l). So, under Section 702, an aggrieved person can move to suppress PISA-obtained or -derived evidence that the Government seeks to use against him in a trial; hearing, or other proceeding in or before any court. See id. § 1806(e). An aggrieved person can move for suppression on the grounds that (I) the information was unlawfully acquired or (2) the surveillance was not made in conformity with the FISC's order. See id. And when the Government files an affidavit from the Attorney General-as the Government has done here-in which the Attorney General states under oath that disclosure or an adversary hearing would harm the national security of the United States, the district court must review the FISA materials in camera and ex parte. 50 U.S. C. § 1806(f). When an affidavit from the Attorney General has been filed, the court may only order the disclosure of the FISA materials "where such disclosure is necessary to make an accurate determination of the legality of the surveillance." !d.
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B. Disclosure of Section 702 Materials Defendants have moved for the disclosure of documents and materials concerning the
Government's acquisitions under Section 702. (Doc. No. 140 at 1.) In support of this request, Defendants note that on August 11,2016, the Office of the Director of National Intelligence released the 2015 Section 702 minimization procedures for the NSA, CIA, FBI, and National Counterterrorism Center ("NCTC"). (ld at 2.) Defendants then point to a November 6, 2015 FISC opinion in which that court identifies numerous incidents where the intelligence agencies failed to comply with the approved minimization procedures. (!d. at 2-3 .) Further, Defendants state that prosecutors in other national security cases have disclosed information about the PRISM and upstream collection programs. (ld at 3.)
Defendants' arguments demonstrate that the Government has, on several occasions, voluntarily released to the public declassified information on FISA Section 702 surveillance. Here, however, aside from its representation that this case does not involve upstream collection, the Government has not offered to voluntarily release information. (See Doc. No. 191 at 19, 95.) Nor has the Government indicated the information sought by Defendants is, or will be,
declassified. (See id at 95.) Instead, the Government has submitte.d an affidavit in which the
Attorney General stated under oath that disclosure or an adversary hearing on this matter would harm the national security of the United States. (See id. at 28.) Consequently, I may only order the disclosure ofthe FISA materials if the disclosure is necessary to make an accurate determination of the legality of the acquisition. 50 U.S.C. §§ 1806(t), 1881e(a).
I have reviewed, ex parte and in camera, the FISA Section 702 materials submitted by the Government. And through this review, I conclude that I can determine, on its own, whether the challenged Section 702 acquisition was lawful. Consequently, disclosure is not necessary to
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make an accurate determination of the legality of the acquisition, see 50 U.S.C. §§ 1806(f), 1881e(a), and Defendants' request for the disclosure of the Section 702 materials is denied.
Disclosure of Section 702 material is also permitted "to the extent that due process requires" it. 50 U.S.C. § 1806(g); see id. § 188le(a). The due process exception, however, does not apply here. As noted earlier, the exception encompasses only those materials that would be discoverable under Brady. See Aziz, 228 F. Supp. 3d at 370; Amawi, 531 F. Supp. 2d at 837. And here, my review of the Section 702 materials reveals no exculpatory information that would need to be disclosed under Brady. C. Suppression of Section 702-0btained or -Derived Evidence
Defendants also move to suppress the evidence obtained or derived from FISA Section 702 acquisitions. (Doc. No. 146 at 1.) They argue that this evidence should be suppressed because (I) Section 702 violates the Fourth Amendment and (2) the acquisitions here may have violated Section 702's statutory procedures. (See Doc. No. 147 at 19-23, 36-37.)
1. Fourth Amendment Argument Defendants contend that Section 702 acquisitions are unconstitutional because they are subject to, but fail to satisfY, the Fourth Amendment's warrant requirement. (See Doc. No. 147 at 19-23.) The warrant requirement, Defendants argue, "presupposes a number of measures that are conspicuously missing from the search and seizure of electronic communications under Section 702": (I) a warrant authorizing the search and seizure; (2) based upon probable cause; (3) describing the place to be searched and the items to be seized with particularity; (4) based on an affidavit under oath or affirmation; (5) issued by a neutral and detached magistrate operating in a judicial capacity; and (6) procedures assuring compliance with the terms of the warrant in its execution. (Jd. at 23.)
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Defendants appear to challenge the constitutionality of Section 702 on its face. (See Doc. No. 146 at 1-2; Doc. No. 147 at 19-36.) To succeed on a facial challenge, Defendants would need to establish that no set of circumstances exists under which Section 702 would be valid. See United States v. Salerno, 481 U.S. 739, 745 (1987). But in the exercise ofjudicial restraint, and given that the Government "implemented [the statute] in a defined context" in this case, I will limit Defendants' challenge to an as-applied challenge. Hasbajrami, 2016 WL 1029500, at *7 (quoting In re Directives, 551 F.3d 1004, 1010 (FISCR 2008)); see Warshak v. United States, 532 F.3d 521, 529 (6th Cir. 2008) ("Exercising judicial restraint in a facial challenge frees the Court not only from unnecessary pronouncements on constitutional issues, but also from premature interpretations of statutes in areas where their constitutional application might be cloudy." (quoting United States v. Raines, 362 U.S. 17,22 (1960))).
The Fourth Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. amend. IV. The Supreme Court, however, has not interpreted the Fourth Amendment to require a warrant, a probable cause determination, or, in fact, any measure of individualized suspicion in every circumstance, for a search to be lawful. See Nat 'I Treasury Emp. Union v. Von Raab, 489 U.S. 656, 665 (1989); United States v. Muhtorov, 187 F. Supp. 3d 1240, 1253 (D. Colo. 2015); United States v. Mohamud, No. 3:10-cr-00475, 2014 WL 2866749, at *12 (D. Or. June 24, 2014). And, as critical here, when the Government's actions are "directed against aliens in foreign territory," the Fourth Amendment's protections do not apply. United States v. Verdugo-Urquidez, 494 U.S. 259, 267 (1990).
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In Verdugo- Urquidez, the Supreme Court considered the scope of the Fourth Amendment's protections for non-citizens with no substantial voluntary connection to the United States. See 494 U.S. at 261, 264-75. The Court began its analysis in by looking to the text of the Constitution. !d. at 264-66. This textual exegesis, the Court noted, suggests that "the people" who enjoy the Fourth Amendment's protections constitute the "class of persons who are a part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community." !d. at 265, 274-75; see U.S. Canst. amend. IV ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ...."(emphasis added)). Guided by this understanding of the amendment's scope, the Supreme Court concluded that the Fourth Amendment's protections did not apply to the respondent because, "[a]t the time of the search, he was a citizen and resident of Mexico with no voluntary attachment to the United States, and the place searched was located in Mexico." Verdugo- Urquidez, 494 U.S. at 274-75.
The Supreme Court supported its holding through an analysis of the drafting history and contemporary views of the Fourth Amendment as well as relevant case law and practical considerations. Verdugo- Urquidez, 494 U.S. at 265-74. The drafting history of the Fourth Amendment suggested that its purpose was "to restrict searches and seizures which might be conducted by the United States in domestic matters." Id. at 266. And contemporaries of the framers seemed to view the amendment as having no application to the nation's activities "directed against aliens in foreign territory." !d. at 267. In earlier cases, the Supreme Court had found that non-citizens enjoyed certain constitutional rights. !d. at 270-71. But those cases involved non-citizens who had "come within the territory of the United States and developed substantial connections with [the] country." Id. at 271; see also Johnson v. Eisentrager, 339 U.S.
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763, 770 (1950) (stating that a non-citizen is "accorded a generous and ascending scale of rights as he increases his identity with our society"). The respondent, by contrast, "had no previous significant voluntary connection with the United States." Verdugo- Urquidez, 494 U.S. at 271. Practical concerns also favored a narrow scope for the Fourth Amendment's protections. As the Supreme Court noted, "[t]he United States frequently employs Armed Forces outside this country ... for the protection of American citizens or national security. Application of the Fourth Amendment to those circumstances could significantly disrupt the ability of the political branches to respond to foreign situations involving our national interest." ld. at 273-74 (citation omitted). Officials in the executive and legislative branches "are sworn to uphold the Constitution, and they presumably desire to follow its commands. But [a] global view of [the Fourth Amendment's] applicability would plunge them into a sea of uncertainty as to what might be reasonable in the way of searches and seizures conducted abroad." Id at 274.
a. Warrant Requirement Section 702 surveillance targets non-U.S. persons located outside of the United States. See 50 U.S.C. § 1881a(b). But, of course, this does not mean that under Section 702 the Government acquires only foreign communications. If a U.S. person communicates with a targeted individual, the U.S. person's communication will be incidentally acquired. (See Doc. No. 191 at 18-20, 30.) The Fourth Amendment's Protections Do Not Apply to Farooq
Assuming that Farooq was a target of the Section 702 acquisitions, (footnote added) The identity of the target(s) of the acquisitions is classified. For the purpose of addressing Defendants' argument, this discussion assumes that Farooq was a 702 target.
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Defendants contend that under Verdugo- Urquidez the Fourth Amendment's protections apply to Farooq because (i) he has substantial connections to the United States and (ii) the acquisitions at issue purportedly occurred on United States soil. If Farooq has substantial connections to the United States, the Fourth Amendment's warrant requirement might apply to the acquisitions at issue and, in turn, the incidental collection of the communication(s) at issue.
The facts regarding Farooq's citizenship and connections to the United States are not in dispute. Farooq is a citizen oflndia. (See Doc. No. 147 at 1.) He was born, however, in the United Arab Emirates ("U.A.E."), where he lived from his birth (in 1978) untill991. (!d.) Farooq came to the United States in August 1999 to attend Louisiana State University ("LSU"). (Id.) Farooq studied at LSU through May 2001, when he received a master's degree in electrical engineering. (!d.) He then emolled in an engineering Ph.D. program at Ohio State University ("OSU"). (!d.) Farooq remained a student at OSU until August 2004, when he returned to the U.A.E. after his father's death. (Id.)Farooq subsequently visited the United States twice (excluding his current presence in the country). He was in the United States on a B-1/B-2 nonimmigrant visitor visa from October 26 to November 19, 2007, and from March 18 to April2, 2008. (Doc. No. 191 at 76.) Farooq made the March 2008 trip to marry his wife, a United States citizen, in Orlando, Florida. (!d.; Doc. No. 147 at 8.) Despite his marriage, though, Farooq did not remain in the country. (Doc. No. 191 at 76.)
These facts do not evince a voluntary connection to the United States sufficient to bestow on Farooq the Fourth Amendment's protections. Farooq studied in the United States for roughly five years. But Farooq finished his studies in the United States years before the acquisitions at issue occurred. And after finishing his studies and leaving the United States in 2004, Farooq returned to visit the country only twice in the subsequent years-for around 25 days in 2007 and
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for around 16 days in 2008. Although Farooq may have established a sufficient voluntary connection to the United States to avail himself of the Fourth Amendment's protections during his time as a student, Farooq's connection to the United States has weakened over the years. Cf Ibrahim v. Dep 't ofHomeland Sec., 669 F.3d 983, 997 (9th Cir. 2012) (concluding that the plaintiff had established a significant voluntary counection to the United States during her four years at Stanford despite a trip abroad during that time because "[t]he purpose of her trip was to further, not to sever, her connection to the United States" and because she "intended her stay abroad to be brief'). A non-citizen's voluntary connection to the United States is not a lifetime status that, once conferred, lasts indefinitely irrespective of the non-citizen's intervening life choices. Cf Shaughnessy v. United States ex rei. Mezei, 345 U.S. 206,208,213-15 (1953) (concluding that a 19-month overseas absence of a lawful permanent resident who had previously lived in the United States for 25 years constituted a "clear break in [his] continuous residence here," such that he had no Fifth Amendment right to challenge his denial of re-entry). A voluntary connection is just that-voluntary. Just as a non-citizen can choose to establish a connection with the United States, he can also choose to sever or attenuate that connection. Cf id; Ibrahim, 669 F.3d at 997. By living abroad since his departure from OSU in 2004, and then making only two brief trips to the country in the intervening years, Farooq attenuated the connection to the United States that he may have formed while studying here.
That.Farooq's wife is a United States citizen does little to alter the Fourth Amendment analysis. The nationality ofFarooq's wife does not automatically amount to a substantial voluntary connection between Farooq and the United States. Farooq's marriage is to an individual, not a nation. Notably, Farooq lived outside the United States despite his marriage to a United States citizen. Farooq came to the United States for the wedding and then promptly left
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the country. He remained abroad until he was extradited to the United States to stand trial in this case.
Farooq's second argument for the application of the Fourth Amendment-the location of the Section 702 acquisitions-also falls flat. Farooq argues, based on his knowledge of the logistics of Section 702 collection, that the acquisitions took place in the United States. (Doc. No. 147 at 18 & n.21.) According to Farooq, U.S.-based electronic communications companies are compelled through FISC directives to produce communications to the Government. (!d. at 18.) The NSA collects and stores the information in databases located in the United States, and the intelligence agencies, including the NSA, FBI, and CIA, can then query (i.e., search) through the information. (!d.)
The Government does not dispute Farooq's assertion that Section 702 acquisition takes place within the United States. (Doc. No. 191 at 37.) The Government argues, instead, that the location of the acquisition is not constitutionally significant in this case. (!d.)
The Supreme Court's opinion in Verdugo- Urquidez focused primarily on whether the respondent had formed a substantial voluntary connection with the United States. See 494 U.S. at 265-75. But the Government's argument-that the location of the search is not constitutionally significant-goes too far. In Verdugo- Urquidez, the Court listed the factual circumstances that guided its holding. After noting the respondent was a citizen and resident of Mexico with no voluntary attachment to the United States, the Court noted the place searched was in Mexico. !d. at 274-75. Clearly the location ofthe search has some constitutional significance under VerdugoUrquidez. The question, however, is how much significance the location of the search should carry.
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Acquisitions under Section 702 are electronic. This is not a situation, for example, where a non-citizen owns a house in the United States and the Government, claiming the Fourth Amendment does not apply to the non-citizen because he lacks a substantial voluntary connection to the United States, searches the house without first obtaining a warrant and collects incriminating evidence about a U.S. person. I would likely arrive at a different conclusion in that situation. When a search is electronic, the location of the search carries less weight. The more important geographic consideration is the location of the target of the acquisition. See United States v. Mohamud, 843 F.3d 420, 439 (9th Cir. 2016) ("[A]s one court put it, 'what matters here is the location of the target,' and not where the government literally obtained the electronic data." (quoting Hasbajrami, 2016 WL 1029500, at *9 n.15)).
A focus on the location of the target better comports with the Supreme Court's statements in Verdugo- Urquidez indicating the Fourth Amendment was not intended to apply to Government actions directed against "aliens in foreign territory." 494 at 267. A focus on the location of the target also addresses the Supreme Court's concern that interpreting the Fourth Amendment to protect non-citizens with no substantial voluntary connection with the United States "could significantly disrupt the ability of the political branches to respond to foreign situations involving our national interest." Id at 273-74. Applying Fourth Amendment protections to all electronic acquisitions occurring in the United States would allow numerous aliens in foreign territory, including many suspected terrorists, to claim the protections of the Fourth Amendment. (See Gov't Resp. to FISA Section 702 Mot. at 38.)
Focusing on the target's location also conforms to broader Fourth Amendment jurisprudence regarding the reasonable expectation of privacy test and the Supreme Court's repeated admonition that "the Fourth Amendment protects people, not places." Katz v. United
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~~
i
States, 389 U.S. 347, 511 (1967); see, e.g., Minnesota v. Carter, 525 U.S. 83, 88 (1998) (explaining that the Fourth Amendment "is a personal right that must be invoked by an individual" but that "the extent to which the Fourth Amendment protects people may depend upon where those people are"); Minnesota v. Olson, 495 U.S. 91, 96 n.S (1990) (stating that the Fourth Amendment protects people, not places and "provides sanctuary for citizens wherever they have a legitimate expectation of privacy"); Smith v. Maryland, 442 U.S. 735, 740 (1979) ("Consistently with Katz, this Court uniformly has held that the application of the Fourth Amendment depends on whether the person invoking its protection can claim a 'justifiable,' a 'reasonable,' or a 'legitimate expectation of privacy' that has been invaded by government action."). The reasonableness of a non-citizen's expectation of privacy regarding his electronic communications typically depends on the location where he makes the communications, not on the location where the United States acquires the communications. Cf Carter, 525 U.S. at 88 ("We have held that 'capacity to claim the protection of the Fourth Amendment depends ... upon whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place."' (quoting Rakas v. fllinois, 439 U.S. 128, 143 (1978))); United States v. Yonn, 702 F.2d 1341, 1347 (11th Cir. 1983) ("The location of the electronic equipment does not alter the irrefutable fact that [the defendant] had no justifiable expectation of privacy in his conversation ....").
In sum, assuming Farooq was a Section 702 target, he lacked a substantial voluntary connection to the United States at the time of the Section 702 acquisitions sufficient to confer upon him Fourth Amendment protections. That the acquisitions took place in the United States does not alter this conclusion.
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i.

No Warrant Required

The question, then, is whether the Government needed to obtain a warrant before it

incidentally acquired U.S. persons' communications under Section 702 while targeting non-U.S.

persons located outside of the United States. Consistent with other courts that have answered this

question, and consistent with the Supreme Court's holding in Verdugo- Urquidez, I conclude that

no warrant was required for the acquisitions in this case. See Verdugo- Urquidez, 494 U.S. at 267,

274-74; Mohamud, 843 F.3d at 439; Hasbajrami, 2016 WL 1029500, at *8-9; Mohamud, 2014

WL 2866749, at *14-15. And because no warrant is required, the lack of warrant-related features

in Section 702 (i.e., the need for a neutral and detached magistrate to make a probable cause

finding and describe the scope of the search with particularity) does not render the statute

unconstitutional.

Courts "have long dealt with the issue of incidental interception of non-targeted persons'

communications." Hasbajrami, 2016 WL 1029500, at *9; see, e.g., United States v. Kahn, 415

U.S. 143, 157-58 (1974) (holding that the interception of a wife's conversations on her home

telephone was incidental, and not in violation of the Fourth Amendment, because her criminal

activities were not foreseen when the Title III wiretap order targeting her husband was obtained);

United States v. Butenko, 494 F.2d 593,608 (3d Cir. 1974) (finding warrantless surveillance for

foreign intelligence purposes constitutional even though the conversations of United States'

citizens would be overheard). As one example, electronic surveillance conducted under FISA

Title I incidentally collects the communications of U.S. persons. (See Doc. No. 191 at 35-36.)

And traditional FISA surveillance, in fact, "is likely to capture a significantly larger

concentration of non-targeted U.S. persons' communications than Section 702" because

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traditional FISA surveillance does not target only foreign communications. (See id at 36.) Despite this incidental collection, the Sixth Circuit, as well as numerous other courts, have rejected Fourth Amendment challenges to FISA Title I surveillance. See Damrah, 412 FJd at 625. As the FISCR explained in In re Directives, "[i]t is settled beyond peradventure that incidental collections occurring as a result of constitutionally permissible acquisitions do not render those acquisitions unlawful." 551 F.3d at 1015; see also Mohamud, 843 FJd at 440 ("The fact that the government knew some U.S. persons' communications would be swept up during foreign intelligence gathering does not make such collection any more unlawful in this context than in the Title III or traditional FISA context."); Hasbajrami, 2016 WL 1029500, at *8-9 ("[W]hen surveillance is lawful in the first place-where it is the domestic surveillance of U.S. persons pursuant to a warrant, or the warrantless surveillance of non-U.S. persons who are abroad-the incidental interception of non-targeted U.S. persons' communications with the targeted persons is also lawful." (footnote omitted)). And here, the incidental collection of Defendants' communications did not render unlawful the constitutionally permissible acquisitions targeting non-U.S. persons located outside the United States.
b. Reasonableness My conclusion that no warrant was required to conduct the Section 702 acquisitions here does not necessarily mean that the Fourth Amendment offers Defendants no protection. Courts considering the constitutionality of Section 702 have assumed the Fourth Amendment offers some protections to the U.S. persons and persons in the United States whose communications have been incidentally collected. See Mohamud, 843 F.3d at 441 & n.26. "Even if a warrant is not required, a search is not beyond Fourth Amendment scrutiny; for it must be reasonable in its scope and marmer of execution." Maryland v. King, 569 U.S. 435,
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448 (2013). Finding that no warrant is required to conduct a search "is merely to aclmowledge that 'rather than employing a per se rule of unreasonableness, [the court must] balance'" the interests at stake to determine if the search was reasonable. !d. (Illinois v. McArthur, 531 U.S. 326, 331 (2001)). In balancing the interests, the court examines the totality of the circumstances and weighs, "on the one hand, the degree to which [the search] intrudes upon an individual's privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests." Samson v. California, 547 U.S. 843, 848 (2006).
As the Supreme Court has explained on various occasions, the Government's interest in protecting the nation from terrorism and foreign threats is an urgent and compelling interest of the highest order. See, e.g., Holder v. Humanitarian Law Project, 561 U.S. 1, 28 (2010) ("[T]he Government's interest in combating terrorism is an urgent objective of the highest order."); Haig v. Agee, 453 U.S. 280,307 (1981) ("It is 'obvious and unarguable' that no governmental interest is more compelling than the security of the Nation." (citation omitted)); see also In re Directives, 551 F.3d at 1012 ("Here, the relevant governmental interest-the interest in national security-is of the highest order of magnitude."). And acquiring foreign intelligence information through Section 702 is crucial to these national security efforts, the Government argues. (Doc. 191 at 5354.)
On the other side of the scale are the privacy interests that Defendants and other U.S. persons and persons in the United States have in their electronic communications, both domestic and international. (See Doc. No. 147 at 31.) This is not an insignificant interest, the Sixth Circuit suggested in 2010:
Since the advent of email, the telephone call and the letter have waned in importance, and an explosion of Internet-based communication has taken place. People are now able to send sensitive and intimate information, instantaneously, to friends, family, and colleagues half a world away.... Commerce has also
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taken hold in email. Online purchases are often documented in email accounts, and email is frequently used to remind patients and clients of imminent appointment. In short, "account" is an apt word for the conglomeration of stored messages that comprises an email account, as it provides an account of its owner's life. By obtaining access to someone's email, govermnent agents gain the ability to peer deeply into his activities. Warshak, 631 F.3d at 284. The Government contends U.S. persons and persons located in the United States have significantly diminished, or nonexistent, privacy interests in communications that "have been transmitted to or obtained from non-U.S. persons located abroad." (Doc. No. 191 at 55.) The Government notes that individuals have no constitutional interest in the communications facilities used by the people targeted under Section 702. (!d.) And the Government notes that individuals lack a legitimate expectation of privacy in emails that have already reached their recipient. (See id. at 56-57.) I agree an individual loses some expectation of privacy in an electronic communication after it has reached its recipient. See Guest v. Leis, 255 F.3d 325, 333 (6th Cir. 2001) ("[Email users] would lose a legitimate expectation of privacy in an e-mail that had already reached its recipient; at this moment, thee-mailer would be analogous to a letter-writer, whose 'expectation of privacy ordinarily terminates upon delivery' of the letter." (citation omitted)). But the loss is not complete. See Warshak, 631 F.3d at 286-87 (holding that "a subscriber enjoys a reasonable expectation of privacy in the contents of emails 'that are stored with, or sent or received through, a commercial ISP'" and neither the ability nor the right of a third-party intermediary to access the contents of a communication is sufficient to extinguish a reasonable expectation of privacy (citation omitted)). An individual still retains a limited expectation of privacy in his electronic communications after the communication has reached its recipient. See Muhtorov, 187 F. Supp. 3d at 1255.
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When this limited expectation of privacy in delivered electronic communications is weighed against the Government's interest in acquiring foreign intelligence information through Section 702, the Government's interest prevails. And it prevails in large part because the statutory safeguards and procedures required of the Government to convince me the acquisition here was reasonable. Under Section 702: the DNI and the Attorney General must certify that targeting and minimization procedures are in place to protect the privacy of persons located in the United States; the Government's certification, targeting procedures, and minimization procedures are all subject to FISC review; targeting procedures must be "reasonably designed" to "ensure that any acquisition authorized under [the certification] is limited to targeting persons reasonably believed to be located outside the United States" and to "prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States"; a significant purpose of the collection must be to obtain foreign intelligence information; minimization procedures limit how long information concerning U.S. persons can be retained and how it can be disseminated; and the DNI and the Attorney General must periodically assess the Government's compliance with the targeting procedures, the minimization procedures, and with the relevant compliance guidelines. (See Doc. No. 191 at 58-73.)
When viewed under the totality of the circumstances, I find the Section 702 acquisitions here were reasonable and did not violate the Fourth Amendment.
2. Statutory Argument Defendants next ask for suppression of the evidence obtained or derived from Section 702 acquisitions because, they argue, the acquisitions may have violated Section 702's statutory procedures. I have carefully reviewed the FISA Section 702 materials submitted by the
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Government. And based on that ex parte, in camera review, I conclude that all the statutorilyrequired procedures were followed here. Defendants' request for suppression of the Section 702 materials is, accordingly, denied.
I now consider Defendants' request for notice and disclosure regarding surveillance techniques (Doc. No. 131).
IV. In a motion aimed broadly at all the Government's surveillance, Defendants request notice of (I) each surveillance technique the Government used to obtain information about his communications or activities, (2) the timing or duration of each surveillance technique, (3) the legal authority the Government relied upon in conducting the surveillance, and (4) the evidence obtained or derived from each surveillance technique. (Doc. No. 131 at 1.) Defendants propose the Government may have surveilled them using a variety of means and authorizations, including FISA, FAA, Executive Order 12333, the Warrantless Wiretapping Program (also known as the Terrorist Surveillance Program), and National Security Letters. (Id. at 2-6.) A. Due Process Defendants begin by arguing the Constitution's due process protections mandate the Government's disclosure of the requested information. (See Doc. No. 131 at 11-13.) None of the cases cited by Defendants stand for that proposition though. In United States v. United States Dist. Court (Keith), 407 U.S. 297,318-24 (1972), for example, the Supreme Court held that the Government must comply with the Fourth Amendment's requirement of prior judicial approval before conducting domestic security surveillance. Because the Government's surveillance in the underlying action was unlawful, the Government was obligated to disclose the impermissibly intercepted conversations to the
43

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 44 of 53. PageID #: 9787
defendant. !d. at 324. Importantly though, the Supreme Court in Keith did not consider the Fourth Amendment considerations associated withjoreign intelligence surveillance-the surveillance at issue here. !d. at 321-22.
In Jencks v. United States, 353 U.S, 657, 672 (1957), the Supreme Court held that a criminal action must be dismissed if the Government refuses to comply with an order to produce "relevant statements or reports in its possession of government witnesses touching the subject matter of their testimony at the trial." Defendants, however, request information about surveillance techniques, not statements or reports of Government witnesses.
Berger, Alderman, Kolod, and Dalia and are equally inapposite to Defendants' request. Nowhere in these cases did the Supreme Court establish a broad right to notice of, and information about, each surveillance technique used by the Government. In Berger, the Supreme Court found that a New York eavesdrop statute violated the Fourth Amendment because the statute's "blanket grant of permission to eavesdrop [was] without adequate judicial supervision or protective measures." Berger v. New York, 388 U.S. 41, 60 (1967). The statute was unconstitutional because, among other reasons, it had no notice requirement and did not "overcome [that] defect by requiring some showing of special facts." !d. The Court's conclusion that the statute violated the Fourth Amendment did not, however, suggest that the Constitution's due process provisions grant criminal defendants a right to notice of all surveillance techniques, In Alderman and Kolod, the Supreme Court outlined the procedures required when the government intends to use evidence from surveillance that, unlike here, has already been deemed unlawfuL See Alderman v. United States, 394 U.S. 165, 182-83 (1969) (holding that surveillance materials needed to be produced and an adversarial hearing held where the prosecution planned to use evidence from surveillance that had already been deemed unlawful); Kolod v. United
44

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 45 of 53. PageID #: 9788
States, 390 U.S. 136, 137 (1968) (remanding and directing the district court to hold a hearing where the government admitted that it had conducted unlawful electronic eavesdropping). And in Dalia, the Supreme Court rejected the argument that the Fourth Amendment prohibits covert entry onto private premises for the installation of legal electronic bugging equipment. See United States v. Dalia, 441 U.S. 238, 246-48 (1979). Addressing this issue in the context of domestic criminal surveillance authorized under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, the Supreme Court noted that Title III provides a constitutionally adequate substitute for advance notice by requiring subsequent notice to those surveilled. Id. at 248. The Court did not establish a Constitutional right to notice of all surveillance techniques used to surveil a criminal defendant. B. Disclosure under 18 U.S.C. § 3504
Defendants also cite 18 U.S.C. § 3504 in support of their request. Under§ 3504, if an aggrieved party claims that "evidence is inadmissible because it is the primary product of an unlawful act or because it was obtained by the exploitation of an unlawful act, the opponent of the claim shall affirm or deny the occurrence ofthe alleged unlawful act." 18 U.S.C. § 3504(a)(1). The statute provides that an "unlawful act" is "any act the use of any electronic, mechanical, or other device ... in violation of the Constitution or laws of the United States or any regulation or standard promulgated pursuant thereto." Id. § 3504(b).
Defendants request notice and information regarding each surveillance technique used by the Government in this case. (See Doc. No. 131 at I, 22.) Defendants' request is undermined, however, by the plain language of§ 3504. The statute mandates that the opponent of the unlawful surveillance claim simply "affirm or deny the occurrence of the alleged unlawful act." 18 U.S.C.§ 3504(a)(1) (emphasis added); see In re Grand Jury Subpoena (T-112), 597 F.3d 189,
45

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 46 of 53. PageID #: 9789
200 (4th Cir. 201 0) (concluding that the Government satisfied its "obligation to affirm or deny Title III surveillance" where the Government responded to a demand under 18 U.S. C. § 3504(a)(1) by representing that relevant entities "were not and are not a subject of electronic surveillance pursuant to Title III" (internal quotation marks omitted)). The statute does not provide for detailed disclosures regarding each surveillance technique allegedly used by the Government. See 18 U.S. C.§ 3504(a)(l).
When courts have directed the Government to provide more detailed affirmations or denials under§ 3504, they have typically done so only when the aggrieved party's claim is specific, concrete, and relevant. United States v. Amawi, 3:06CR719, 2007 WL 1431943, at* 1 (N.D. Ohio May 14, 2007). Defendants' claim has none of those characteristics.
Defendants cite United States v. Alter, 482 F.2d 1016, 1027 (9th Cir. 1973), in support of the proposition that§ 3504 requires more than an affirmation or denial from the Government. In Alter, the Government filed an affidavit in response to the appellant's allegations of unlawful surveillance. Alter, 482 F.2d at 1027 & n. 17. The Ninth Circuit criticized the affidavit for its failure to "squarely,., affirm or deny" the appellant's allegations. Id at 1027. The affidavit spoke "in conclusory terms," lacked information about the affiant's efforts to investigate the appellant's allegations, failed to explain why the affiant contacted only a limited number of agencies as part of his investigation, and neglected to reveal the dates of claimed surveillance about which the affiant inquired. Jd Integral to the Ninth Circuit's discussion, however, was the detailed nature of the appellant's affidavits in which he laid out his allegations of unlawful surveillance. See id ("Alter's affidavits were sufficiently concrete and specific to make a prima facie showing that on the occasions described someone was interfering with his telephone calls and that the F.B.I. was involved."). As the court explained, the Government would only be
46

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 47 of 53. PageID #: 9790
obligated to affirm or deny alleged illegal surveillance under§ 3504(a) if an aggrieved party first
"raise[sJ a prima facie issue of electronic surveillance" by revealing through affidavits or other
evidence the dates the surveillance alleged took place and the specific facts supporting the party's allegations, among other things. Id. at 1026.
But here, unlike in Alter, Defendants have not submitted an affidavit or other evidence that malces a prima facie showing of unlawful surveillance. Consequently, even ifi were to follow the Ninth Circuit's interpretation of§ 3504 as laid out in Alter, Defendants would still not be entitled to the information they request. C. FISA Surveillance
As a subset of their broader request, Defendants ask for additional information about the Government's FISA surveillance. The Government informed Defendants that it intended to offer into evidence, or otherwise use or disclose in the case against them, information obtained or derived from electronic surveillance, physical searches, and acquisitions under FISA Titles I and III and FISA Section 702. (Doc. Nos. 28, 29, 30.) These notices, Defendants argue, are insufficient because they do not provide specific information about each search orseizure conducted by the Government. (See Doc. No. 131 at 21.) Defendants request this additional information based on their reading ofFISA's text (i.e., 50 U.S.C. §§ 1806(c), 1825(d), 1881e) and legislative history. (See id. at 14-21.)
"In all cases of statutory construction, the starting point is the language employed by Congress." Vergas v. Gregg's Enters., Inc., 159 F.3d 989, 990 (6th Cir. 1998) (quoting Appleton v. First Nat'! Bank ofOhio, 62 F.3d 791, 801 (6th Cir. 1995)). Where "the statute's language is plain, 'the sole function of the courts is to enforce it according to its terms."' United States v. Ron Pair Enters., Inc., 489 U.S. 235, 241 (1989) (quoting Caminetti v. United States, 242 U.S.
47

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 48 of 53. PageID #: 9791
470,485 (1917)). The Government's notification requirement under FISA Title I (electronic
surveillance), FISA Title III (physical searches), and FISA Sections 702 and 703 (acquisitions)
reads as follows:
Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from [electronic surveillance, a physical search, or an acquisition conducted] pursuant to the authority of this [chapter], the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information. 50 U.S.C. § 1806(c); see id. §§ 1825(d), !88le.6
Defendants interpret this notice requirement as obligating the Government to inform
them of (i) the specific search or seizure events at issue, (ii) the information derived from each
event, and (iii) the FISA provision justifying each event. (See Doc. No. 131 at 21.) According to
Defendants, "Congress's instruction that the government must provide notice prior to each
proceeding in which it intends to use or disclose FISA information strongly implies that
Congress intended the government to identify the substance of the information." (!d. at 16.)
Defendants buttress their interpretation by noting Congress also authorized under FISA an
aggrieved person's request for suppression on the grounds that"(!) the information was
6 A similar notice requirement applies to the Government's use of information obtained or derived from a pen register or trap and trace device. 50 U.S.C. § 1845(c). Defendants, however, do not specifically request information about collections made under that title. (See Doc. No. 131 at 14-21.) Nor do Defendants cite§ 1845(c), the applicable notice requirement. (See id.)
FISA does not include a notice requirement regarding information obtained or derived from acquisitions under Section 215 (50 U.S.C. §§ 1861-1864), Section 704 (50 U.S.C. § 1881c), or Section 705 (50 U.S.C. § 1881d). Defendants, in turn, do not specifically request information about acquisitions that may have been made under these sections. (See Doc. No. 131 at 14-21.)
48

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unlawfully acquired; or (2) the surveillance was not made in conformity with an order of authorization or approval." (!d. (quoting 50 U.S.C. § 1S06(e)).)
I disagree with Defendants' reading of the notice requirement. Defendants' interpretation adds three elements to the notice requirement that are found nowhere in the text. The notice requirement is straightforward. It applies to "any information obtained or derived from [electronic surveillance, a physical search, or an acquisition]" that the Government "intends to enter into evidence or otherwise use or disclose [at trial]." 50 U.S. C. § 1S06(c); see id. §§ 1S25(d), 1SS1 e. And it obligates the Government to "notify the aggrieved person ... that the Government intends to so disclose or so use such information." 50 U.S. C.§ 1S06(c) (emphasis added); see id. §§ 1S25(d), ISSie.
Defendants focus on the timing of the required disclosure-"[w]henever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court." 50 U.S.C. § 1S06(c); see also id. § 1S25(d). But the Government's obligation to provide notice of its intent to use information gathered under FISA "[w]henever the Government intends to enter [it into] evidence or otherwise use or disclose [it]" offers no insight into the content of the required disclosure, and it certainly does not imply that the Government must disclose the specific information about each search or seizure conducted under FISA that Defendants request.
That FISA provides an aggrieved party a statutory basis for suppressing information gathered under its provisions does not support Defendants' interpretation of the notice requirement either. Defendants contend that a lawyer "cannot possibly prepare or file a motion to suppress 'the evidence obtained or derived from' FISA on the ground that the evidence was unlawfully acquired unless the defendant has notice of which information was obtained by FISA,
49

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and the FISA authority under which it was sought." (Doc. No. 131 at 17 (quoting 50 U.S.C. § 1806(e)).) Defendants, however, have done what they claim to be impossible. They have moved to suppress the evidence obtained or derived from FISA Titles I and III and FISA Section 702. Although Defendants' suppression motions were ultimately unsuccessful, their lack of success did not derive from Defendants' inability to prepare or file a suppression motion. Defendants, like others with standing to challenge FISA surveillance, raised their suppression motions based on a Govermnent notice that simply communicated the Government's intent "to offer into evidence, or otherwise use or disclose in any proceedings ... information obtained or derived from" FISA collections. (E.g., Doc. No. 28.) Defendants, moreover, seem to overlook FISA's actual language regarding motions to suppress. The statute does not require that an aggrieved person identify the challenged evidence with specificity. The statute offers a broad statement of the evidence that an aggrieved person may move to suppress: he "may move to suppress the evidence obtained or derivedfrom electronic surveillance." 50 U.S.C. § 1806(e) (emphasis added); see id. §§ 1825(f), 1881 e.
Given the clarity of the statute, I need not delve into FISA's legislative history. The Government's notice requirement under FISA does not entail anything beyond what the Govermnent has already provided to Defendants. D. Prior Searches and Seizures
As a further subset of their discovery request, Defendants ask for additional information about the "prior searches and seizures" through which the Government obtained evidence to support its "applications for search warrants under Federal Rule of Criminal Procedure 41." (Doc. No. 131 at 25.) Citing Franks v. Delaware, 438 U.S. 154, 155-56 (1978), Roviaro v. United States, 353 U.S. 53, 59 (1957), and Federal Rule of Criminal Procedure 16(a)(l)(E)(i),
50

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 51 of 53. PageID #: 9794
Defendants seek "information material to determining the legality" of the alleged prior searches and seizures. (Doc. No. 131 at 25.)
None of these authorities substantiates Defendants' request. Under Franks, a court will hold an evidentiary hearing to examine the sufficiency of an affidavit supporting a finding of probable cause when the criminal defendant has made a substantial preliminary showing that the affidavit in question contains a false statement which was (1) knowingly or recklessly made and (2) necessary to the finding of probable cause. See Franks, 438 U.S. at 155-56, 171-72. Nowhere in Franks, however, did the Supreme Court mandate that the Government disclose information about searches and seizures. See generally id.
In Roviaro, the Supreme Court identified several exceptions to the "informer's privilege"-that is, the Government's ability to withhold from disclosure an informant's identity. The Government's privilege must give way, the Court stated, "[w]here the disclosure of an informer's identity, or of the contents of his communication, is relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause." Roviaro, 353 U.S. at 60-61. Because Defendants do not seek to uncover the identity of a Government informant, or obtain the contents of an informant's communication, Roviaro lends no support to Defendants' request.
Defendants also bring their request under Federal Rule of Criminal Procedure 16. Information about the alleged prior searches and seizures is purportedly material to preparing a defense, and thus discoverable under Rule 16(a)(l)(E)(i), because Defendants might be able to use the information to suppress evidence obtained pursuant to the Government's subsequent, Rule 41 search warrants. (See Doc. No. 131 at 26 ("Evidence obtained pursuant to a search warrant may ... be suppressed if the affiant relied on evidence obtained or derived from
51

Case: 3:15-cr-00358-JJH Doc #: 374 Filed: 09/11/18 52 of 53. PageID #: 9795
unlawful government action and the affidavit fails to establish probable cause absent that information.").)
But Defendants read Rule l6(a)(l)(E)(i) too broadly. The Rule only applies to '"shield' claims that 'refute the Government's arguments that the defendant committed the crime charged'" United States v. Robinson, 503 F.3d 522, 532 (6th Cir. 2007) (quoting United States v. Armstrong, 517 U.S. 456, 462 (1996)). Moreover, under Rule l6(a)(l )(E)(i), information is not material "merely because the government may be able to use it to rebut a defense position." United States v. Lykins, 428 F. App'x 621,624 (6th Cir. 2011) (quoting United Stales v. Stevens, 985 F.2d ll75, 1180 (2d Cir. 1993)). Information is material only if"there [is] an indication that pre-trial disclosure would have enabled the defendant to 'alter the quantum of proof in his favor."' Id. (quoting Stevens, 985 F.2d at 1180).
Defendants do not request information about the alleged prior searches and seizures to refute the Government's arguments that they committed the crimes charged (i.e., the Government's case-in-chief). Rather, Defendants request the information because it might allow them to move for suppression of unidentified evidence obtained pursuant to subsequent search warrants. (See Doc. No. 131 at 26.) Defendants imply that the requested information would alter the quantum of proof in this case. (See id.) The connection is too attenuated though. Information about the alleged prior searches and seizures is too disconnected from actually altering the quantum of proof in Defendants' favor for the information to be material under Rule l6(a)(l)(E)(i). See Lykins, 428 F. App'x at 624.
Neither Franks, Roviaro, nor Rule 16(a)(l)(E)(i) entitles Defendants to the discovery they request.
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E. CIPA Lastly, Defendants argue that the Government may not rely on the Classified Information
Procedures Act ("CIPA") in refusing to disclose the requested information about its surveillance techniques. (See Doc. No. 131 at 24.) In a concurrently issued Memorandum Opinion, however, I have determined that I may review the Government's CIPA § 4 submission in camera and ex parte. And to the extent that the information requested by Defendants may have been addressed in the Government's CIPA § 4 submission, I have already determined the Government may delete that information from the documents to be produced to Defendants through discovery.
(See id. at 7-8.)
For all of these reasons, I deny Defendants' request for notice and disclosure regarding the Government's surveillance techniques.
v.
Each of Defendants' motions (Doc. Nos. 131, 140, 146, 148, 156) is, accordingly, denied. So Ordered.
sf Jeffrey J. Helmick United States District Judge
53

 
 Case: 3:16-cr-00222-SAE Doc #: 1 Filed: 07/06/16 1 of 7. PageID #: 1
2o\o JL:L - 6 PH 4: 50

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA, P la i n t i f f,
v. YAHYA FAROOQ MOHAMMAD,
Defendant.
The Grand Jury charges:

) I ND ICTM ENT

)) 3 :·16 \j .it 222 ,.~
)

) CASE NO . _ _ _ _ _ _ _ __

)

)

T itle 18, Section 1114(3), United

)

States Code

)

)

Title 18, Section 373(a), United

)

States Code

)

)

Title 18, Section 1958(a), United

)

States Code

)

JUDGE ZOUHARY

FACTUAL ALLEGATIONsMAG. JUDGE JAMES R. KNEPP II

l.

On or about September 30, 2015 , a federal indictment was returned in the

Northern District of Ohio, Western Division, charging YAHYA FAROOQ MOHAMMAD

("MOHAMMAD") in Case No. 3: 15CR00358. In the indictment, MOHAMMAD was charged with conspiring to and actually providing material support and resources to terrorists, knowing and intend ing that the supp01i and resources would be used in preparation for and in carrying out the kj lling of officers and employees of the United States and for acts of international terrorism.

Case: 3:16-cr-00222-SAE Doc #: 1 Filed: 07/06/16 2 of 7. PageID #: 2
2. That criminal case was assigned to United States District Court Judge Jack Zouhary, Northern District of Ohio.
3. MOHAMMAD was detained and housed at the Lucas County Corrections Center, Toledo, Ohio pending resolution of the case.
4. In or about March 2016, MOHAMMAD met another inmate, Individual A, in the Lucas County Corrections Center. MOHAMMAD told Individual A that he wanted to hire someone to kill Judge Zouhary. Individual A reported MOHAMMAD's statements to the Federal Bureau of Investigation.
5. On or about April8, 2016, MOHAMMAD stated to Individual A that he wanted Judge Zouhary kidnapped and murdered.
6. Individual A introduced an FBI undercover employee ("UCE") to MOHAMMAD, who posed as an associate of Individual A who was capable of implementing MOHAMMAD's plan to kill Judge Zouhary. MOHAMMAD told Individual A that he was willing to pay the UCE $15,000 to kill Judge Zouhary. Individual A told MOHAMMAD that the UCE needed a $1,000 down payment before the murder could occur.
7. In order to disguise their conversations, MOHAMMAD and Individual A worked out a code to be used when MOHAMMAD communicated with the UCE about the murder of Judge Zouhary.
8. On or about April 26, 2016, at approximately 6:08 p.m., MOHAMMAD called the UCE from the Lucas County Corrections Center. Using the code that MOHAMMAD had previously worked out with Individual A, MOHAMMAD told the UCE he wanted to have Judge Zouhary killed. MOHAMMAD stated that he could either send the down payment money to the UCE directly through a mail courier, or the UCE could meet MOHAMMAD's wife, N.T.,
2

Case: 3:16-cr-00222-SAE Doc #: 1 Filed: 07/06/16 3 of 7. PageID #: 3
in Chicago to exchange the money. When asked when he wanted the murder committed, MOHAMMAD stated, "The sooner would be good, you know."
9. On or about April27, 2016, MOHAMMAD called his wife, N.T., and told her he needed her to send $1,000 to an address he would give her later. N.T. told MOHAMMAD it would not be a problem.
10. On or about April28, 2016, MOHAMMAD called the UCE to arrange the $1,000 down payment for the murder. MOHAMMAD told the UCE that he would provide the UCE's telephone number to his wife in Chicago so they could arrange a time the following week to exchange the money. Further, MOHAMMAD stated that once the UCE had killed Judge Zouhary, MOHAMMAD's wife would give the rest of the money to the UCE. Using coded language, MOHAMMAD told the UCE that he did not "want [Judge Zouhary] found."
11. On or about April28, 2016, at approximately 9:01p.m., MOHAMMAD called his wife, N.T., provided her with the UCE's telephone number, and instructed her to call the number and ask the UCE to come meet her at her place of employment to give the UCE the $1 ,000 in cash.
12. On or about May 3, 2016, N.T. called the UCE and stated she had $1,000 to give him. N.T. instructed the UCE to meet her at a post office located in Bolingbrook, Illinois.
13. On or about May 5, 2016, N.T. met the UCE at the arranged location, and she provided the UCE with $1,000 in U.S. currency inside a white envelope. When the UCE asked N.T. about the remaining amount of money to be delivered, which consisted of$13,000, N.T. said she would check with her husband.
3

Case: 3:16-cr-00222-SAE Doc #: 1 Filed: 07/06/16 4 of 7. PageID #: 4
14. On or about May 5, 2016, MOHAMMAD called N.T. N.T. informed MOHAMMAD that she had delivered the $1,000. N.T. asked MOHAMMAD if he had made arrangements to pay an additional $13,000. In response, MOHAMMAD told her it was only $1,000 this time. N.T. told MOHAMMAD that the UCE was expecting an additional $13,000 payment by next week. MOHAMMAD said he would work on it.
15. On or about May 11,2016, MOHAMMAD told Individual A that the rest of the money for the murder was coming from Dubai to Texas to Chicago to N.T. and then to the UCE.
16. On or about May 13,2016, the UCE called N.T. and told her that he needed to show her something that would be of interest to her husband. They agreed to meet on May 16, 2016 at the previous meet location.
17. On or about May 14,2016, N.T. informed MOHAMMAD that she received a call from the UCE. N.T. told MOHAMMAD that the UCE would like to meet her again and show and/or give her something. MOHAMMAD told N.T. that the UCE was helping him with something. On or about May 14,2016, N.T. informed MOHAMMAD that her future meeting with the UCE was not to provide money. N.T. told MOHAMMAD that she could provide $7,000 to the UCE right now, and if necessary, could get the additional money within a few days.
18. On May 16, 2016, the UCE met with N.T. at the previously arranged location. The UCE showed N.T. a photograph that purported to show the dead body of Judge Zouhary. The UCE told N.T. that the photograph was the matter that he was to conduct for her husband. The UCE told N.T. that he needed the rest of the money that was owed to him. N.T. told the UCE that she would contact MOHAMMAD and then she would contact the UCE.
4

Case: 3:16-cr-00222-SAE Doc #: 1 Filed: 07/06/16 5 of 7. PageID #: 5 COUNT 1
(Attempted First Degree Murder of a Federal Officer or Employee; Title 18, United States Code, Section 1114(3))
The Grand Jury further charges: 19. Paragraphs 1 through 18 of this Indictment are re-alleged and incorporated
by reference as if fully set forth herein. 20. · Beginning in or about March 2016, and continuing until on or about May
16,2016, in the Northern District of Ohio, Western Division, and elsewhere, YAHYA FAROOQ MOHAMMAD, willfully, deliberately, maliciously, and with premeditation and malice aforethought, attempted to unlawfully kill United States District Court Judge Jack Zouhary, an officer and employee of the United States, while he was engaged in and on account of the performance of his official duties.
21. All in violation of Title 18, United States Code, Section 1114(3).
5

Case: 3:16-cr-00222-SAE Doc #: 1 Filed: 07/06/16 6 of 7. PageID #: 6
COUNT2 (Solicitation to commit a crime of violence; Title 18, United States Code, Section 373(a))
The Grand Jury further charges: 22. Paragraphs 1 through 18 of this Indictment are re-alleged and incorporated by
reference as if fully set forth herein. 23. Beginning in or about March 2016, and continuing until on or about May
16, 20 16, in the Northern District of Ohio, Western Division, and elsewhere, YAHYA FAROOQ MOHAMMAD, with the intent that another person engage in conduct constituting a felony that has an element the use, attempted use, and threatened use of physical force against a person of another in violation of the laws of the United States and under circumstances strongly corroborative of that intent, solicited, commanded, induced, and otherwise endeavored to persuade such other person to engage in such conduct, to wit: to kill United States District Court Judge Jack Zouhary, an officer and employee of the United States, while such officer and employee was engaged in and on account of his performance of official duties, in violation of Title 18, United States Code, Section 1114.
24. All in violation of Title 18, United Stated Code, Section 373(a).
6

Case: 3:16-cr-00222-SAE Doc #: 1 Filed: 07/06/16 7 of 7. PageID #: 7
COUNT3 (Use of interstate commerce facilities in the commission of murder-for-hire; Title 18, United
States Code, Section 1958(a)) The Grand Jury further charges:
25. Paragraphs 1 through 18 of this Indictment are re-alleged and incorporated by reference as if fully set forth herein.
26. Beginning in or about March 2016, and continuing until on or about May 16, 2016, in the Northern District of Ohio, Western Division, and elsewhere, YAHYA FAROOQ MOHAMMAD, knowingly caused another to travel in interstate commerce, and knowingly used and caused another to use the mail and another facility of interstate commerce, namely a cellular telephone, with the intent that the murder of United States District Court Judge Jack Zouhary be committed in violation of the laws of the United States and the State of Ohio, namely in violation ofTitle 18, United States Code, Section 1114, and Ohio Revised Code Section 2903.01, as consideration for a promise and agreement to pay something of pecuniary value.
27. All in violation of Title 18, United States Code, Section 1958(a).
A TRUE BILL.
Original document - Signatures on file with the Clerk of Courts, pursuant to the E-Govemment Act of2002.
7

 
 2255,Knepp,Termed
U.S. District Court Northern District of Ohio (Toledo) CRIMINAL DOCKET FOR CASE #: 3:18-cr-00186-JJH All Defendants

Case title: United States of America v. Salim et al Related Case: 3:19-cv-01554-JJH

Date Filed: 04/12/2018 Date Terminated: 01/18/2019

Assigned to: Judge Jeffrey J. Helmick Defendant (1) Asif Ahmed Salim TERMINATED: 11/09/2018
Pending Counts 18:2339C(c)(2)(B) Concealment of Financing of Terrorism (1) Highest Offense Level (Opening) Felony

represented by Asif Ahmed Salim #86551-083 USP Marion P.O. Box 1000 Marion, IL 62959 PRO SE
Linda G. Moreno Ste. 312 511 Avenue of the Americas New York, NY 10011 813-247-4500 Fax: 855-725-7454 Email: lindamoreno.esquire@gmail.com ATTORNEY TO BE NOTICED Designation: CJA Appointment
Disposition
72 months custody; life term of supervised release; no fine; no restitution; $100 special assessment

Terminated Counts None Highest Offense Level (Terminated) None Complaints None Assigned to: Judge Jeffrey J. Helmick Defendant (2) Sultane Roome Salim TERMINATED: 01/18/2019
Pending Counts 18:2339C(c)(2)(B) Concealment of Financing of Terrorism (1) Highest Offense Level (Opening) Felony

Disposition
Disposition
represented by Sultane Roome Salim #61341-060 Federal Correctional Institution P.O. Box 1000 Cumberland, MD 21501 PRO SE Cherrefe A. Kadri Law Office of Cherrefe A. Kadri Ste. 202 1109 Adams Street Toledo, OH 43604 419-243-7500 Fax: 419-242-4354 Email: cakadri@sbcglobal.net ATTORNEY TO BE NOTICED Designation: CJA Appointment
Disposition 60 months custody; 15 years supervised release; no fine; no restitution; $100 special assessment

Terminated Counts None
Highest Offense Level (Terminated) None
Complaints None
Plaintiff United States of America

Disposition
Disposition
represented by James L. Morford Office of the U.S. Attorney Cleveland Northern District of Ohio Ste. 400 801 Superior Avenue, W Cleveland, OH 44113 216-622-3743 Fax: 216-522-8355 Email: james.morford@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
Matthew W. Shepherd Office of the U.S. Attorney Cleveland Ste. 400 801 Superior Avenue, W Cleveland, OH 44113 216-622-3859 Fax: 216-522-2403 Email: matthew.shepherd@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
Michael J. Freeman Office of the U.S. Attorney - Toledo Northern District of Ohio

Date Filed 04/12/2018
04/12/2018 04/12/2018 04/12/2018 04/12/2018
04/12/2018

Ste. 308 Four SeaGate Toledo, OH 43604-2624 419-259-6376 Fax: 419-259-6360 Email: michael.freeman2@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
# Docket Text
1 Information filed by USA as to Asif Ahmed Salim (1) count(s) 1, Sultane Roome Salim (2) count(s) 1. (Attachments: # 1 Penalty Sheet: Asif Ahmed Salim, # 2 Penalty Sheet : Sultane Salim, # 3 Designation Form: Asif Salim, # 4 Designation Form: Sultane Salim, # 5 Waiver of Indictment: Asif Salim, # 6 Waiver of Indictment: Sultane Salim) (D,TM) (Entered: 04/12/2018)
Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (D,TM) (Entered: 04/12/2018)
2 Order of Reassignment as to Asif Ahmed Salim (1), Sultane Roome Salim (2). This case is returned to the Clerk for reassignment to Judge Jeffrey J. Helmick for all further proceedings as related to 3:15 CR 358. Judge Jack Zouhary on 4/12/2018. (D,L) (Entered: 04/12/2018)
Judge update in case as to Asif Ahmed Salim (1), Sultane Roome Salim (2). Judge Jeffrey J. Helmick added. Judge Jack Zouhary no longer assigned to case. (D,TM) (Entered: 04/12/2018)
CJA 20 Appointment of Attorney Cherrefe A. Kadri for Sultane Salim. Counsel is reminded of their obligation to report significant changes in defendant's employment or financial circumstances sufficient to enable defendant to pay, in whole or in part, for legal representation. CJA Plan, Part IV (D)(2).. Judge Jeffrey J. Helmick on 4/12/2018. (S,AL) Modified on 5/1/2018 (S,AL). Modified on 5/1/2018 (S,AL). (Entered: 04/12/2018)
CJA 20 Appointment of Attorney Linda Moreno for Asif Ahmed Salim. Counsel is reminded of their obligation to report significant changes in defendant's employment or financial circumstances sufficient to enable defendant to pay, in whole or in part, for legal

04/12/2018 04/12/2018 04/13/2018
04/13/2018 04/17/2018 04/19/2018 04/20/2018 04/30/2018

representation. CJA Plan, Part IV (D)(2).Judge Jeffrey J. Helmick on 4/12/2018. (S,AL) Modified on 5/1/2018 (S,AL). (Entered: 04/12/2018)
3 Waiver of Indictment by Asif Ahmed Salim (1). (S,AL) (Entered: 04/13/2018)
4 Waiver of Indictment by Sultane Roome Salim (2). (S,AL) (Entered: 04/13/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Arraignment as to Asif Ahmed Salim and Sultane Roome Salim held on 4/12/2018. Mike Freeman, Matt Shepard, David Smith, Cherrefe Kadri and Linda Moreno (via telephone) present in court. Attorney Kadri and Moreno appointed as counsel of record. Defendants entered a guilty plea as to Count 1. Defendants signed the plea agreement. Acceptance of the plea agreement to be decided by the Court at the time of sentencing. Defendants referred to Probation for preparation of a Presentence Investigation Report. Sentencing date to be scheduled at a later time. Defendant Asif Salim's oral motion for bond denied. Detention continued for Asif Salim. Defendant Sultane Salim's bond continued. (Court Reporter Angela Nixon) Time: 1 hour 50 minutes. (S,AL) (Entered: 04/13/2018)
5 Non-Appeal Transcript Request by Sultane Roome Salim (2) for proceedings held on 4/12/2018 before Judge Helmick. Court Reporter: Angela Nixon. Requested completion date: 6/15/2018 (Kadri, Cherrefe) (Entered: 04/13/2018)
6 Motion for Preliminary Order of Forfeiture by United States of America as to Sultane Roome Salim (2). (Attachments: # 1 Proposed Preliminary Order of Forfeiture, # 2 Exhibit 1 Mehreen Sultan Agreement)(Morford, James) (Entered: 04/17/2018)
7 Order granting the government's motion for preliminary order of forfeiture as to Sultane Roome Salim. 6 Judge Jeffrey J. Helmick on 4/19/2018. (S,AL) (Entered: 04/19/2018)
8 Motion to Modify Conditions of Release by Sultane Roome Salim (2). (Kadri, Cherrefe) (Entered: 04/20/2018)
Notice [Non Document] as to Asif Ahmed Salim (1). Sentencing set for 10/2/2018 at 1:30 PM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 04/30/2018)

04/30/2018 05/01/2018 05/10/2018
05/23/2018 05/30/2018 06/15/2018 06/15/2018 07/13/2018 08/01/2018

Notice [Non Document] as to Sultane Roome Salim (2). Sentencing set for 10/2/2018 at 3:00 PM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 04/30/2018)
9 Marginal Entry Order granting defendant Sultane Salim's motion to modify conditions of pretrial release. 8 Judge Jeffrey J. Helmick on 5/1/2018. (S,AL) (Entered: 05/01/2018)
10 Transcript of Change of Plea Proceedings as to Asif Ahmed Salim (1), Sultane Roome Salim (2) held on April 12, 2018 before Judge Jeffrey J. Helmick. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [87 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/17/2018. Redaction Request due 5/31/2018. Redacted Transcript Deadline set for 6/11/2018. Release of Transcript Restriction set for 8/8/2018. (N,A) (Entered: 05/10/2018)
11 Notice of Appearance of Attorney Matthew W. Shepherd appearing for USA. (Shepherd, Matthew) (Entered: 05/23/2018)
12 Motion to Appoint Expert witness and approve fees by Sultane Roome Salim (2). (Attachments: # 1 Exhibit expert's resume)(Kadri, Cherrefe) Modified text on 5/31/2018 (R,Ke). (Entered: 05/30/2018)
13 Marginal Entry Order granting defendant Sultane Salim's motion to appoint Dr. Thomas Kucharski as an expert witness and approve fees. 12 Judge Jeffrey J. Helmick on 6/15/2018. (S,AL) (Entered: 06/15/2018)
CJA 21 as to Sultane Roome Salim (2): Appointment of Dr. Thomas Kucharski as Expert. Judge Jeffrey J. Helmick on 6/15/2018. (S,AL) (Entered: 06/15/2018)
Notice [Non Document] as to Asif Ahmed Salim (1). Sentencing set for 10/2/2018 vacated and rescheduled for 9/6/2018 at 1:30 PM in Courtroom 204 before Judge Jeffrey J. Helmick. Final presentence report due 8/23/18; sentencing memorandums, if desired, due 8/30/18.(S,AL) (Entered: 07/13/2018)
Notice [Non Document] as to Sultane Roome Salim (2). Sentencing set for 10/2/2018 vacated and rescheduled for 11/7/2018 at 10:30

08/08/2018
10/10/2018 10/10/2018 10/10/2018 10/10/2018 10/18/2018 10/22/2018
10/22/2018

AM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 08/01/2018)
Notice [Non Document] as to Asif Ahmed Salim (1). Sentencing set for 9/6/2018 vacated and rescheduled for 10/22/2018 at 01:30 PM in Courtroom 224 before Judge Jeffrey J. Helmick. Parties granted leave until 8/31/2018 to file objections to the presentence report. Final presentence report to be filed by 9/24/18. Parties to file sentencing memo's, if desired, by 10/8/2018.(S,AL) (Entered: 08/08/2018)
20 Motion for Leave to File Document Under Seal by United States of America as to Asif Ahmed Salim (1). (Shepherd, Matthew) (Entered: 10/10/2018)
21 Marginal Entry Order granting the government's motion for leave to file under seal. 20 Judge Jeffrey J. Helmick on 10/10/2018. (S,AL) (Entered: 10/10/2018)
22 SEALED Document: Sentencing Memorandum filed by United States of America as to Asif Ahmed Salim. Related document(s) 21 . (Attachments: # 1 Exhibit Lecture, # 2 Exhibit Email, # 3 Exhibit Lecture, # 4 Exhibit Email, # 5 Exhibit Email, # 6 Exhibit Report)(Shepherd, Matthew) (Entered: 10/10/2018)
23 Sentencing Memorandum by Asif Ahmed Salim (1) (Attachments: # 1 Exhibit Disciplinary Report)(Moreno, Linda) (Entered: 10/10/2018)
24 Order as to Asif Ahmed Salim (1) and Sultane Roome Salim (2). On August 29, 2018, the Government filed an Ex Parte Second Supplemental filing pursuant to Section 4 of CIPA. I have reviewed the filing and grant the Government's request not to disclose the information discussed in the classified filing. Judge Jeffrey J. Helmick on 10/18/2018. (S,AL) (Entered: 10/18/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Sentencing held on 10/22/2018 for Asif Ahmed Salim. Matt Shepherd, David Smith, Mike Freeman, Linda Moreno, and Julie Meyers present in Court. Court accepted the plea agreement. Defendant sentenced as to Count 1: 72 months custody; life term of supervised release; no fine; no restitution; $100 special assessment. (Court Reporter Doug Ackerman) Time: 2 hours and 10 minutes. (S,AL) (Entered: 10/25/2018)
36 Plea Agreement as to Asif Ahmed Salim. (S,AL) (Entered: 11/09/2018)

10/29/2018

29 Motion for Leave to File Document Under Seal by Sultane Roome Salim (2). (Kadri, Cherrefe) (Entered: 10/29/2018)

10/31/2018

30 Marginal Entry Order granting defendant Sultaine Salim's motion for leave to file under seal. 29 . Judge Jeffrey J. Helmick on 10/31/2018. (S,AL) (Entered: 10/31/2018)

10/31/2018

31 Objection to Presentence Investigation Report by Sultane Roome Salim (2) (Kadri, Cherrefe) (Entered: 10/31/2018)

10/31/2018

32 DOCUMENT WITHDRAWN per Order dated 11/5/2018 SEALED Document: Sentencing Memorandum filed by Sultane Roome Salim. Related document(s) 30 . (Attachments: # 1 Exhibit email, # 2 Exhibit email, # 3 Exhibit mateen 302, # 4 Exhibit HUD purchase, # 5 Exhibit HUD sale, # 6 Exhibit Kucharski resume, # 7 Exhibit neighbor letter, # 8 Exhibit niece letter, # 9 Exhibit son letter, # 10 Exhibit daughter letter, # 11 Exhibit wife letter, # 12 Exhibit mother letter)(Kadri, Cherrefe) Modified on 11/5/2018 (S,AL). (Entered: 10/31/2018)

11/01/2018

33 Expedited Non-Appeal Transcript Request by United States of America as to Sultane Roome Salim (2) for proceedings held on 4/12/18 - Arraignment and COP before Judge Helmick. Court Reporter: Angela Nixon. Requested completion date: 11/1/18 11/3/18 (Freeman, Michael) Modified on 11/1/2018 to correct proceedings and date(N,SE). (Entered: 11/01/2018)

11/02/2018

34 Motion to Withdraw Document 32 Sealed Document, by Sultane Roome Salim (2). (Kadri, Cherrefe) (Entered: 11/02/2018)

11/02/2018

Notice [Non Document] as to Sultane Roome Salim (2). Sentencing set for 11/7/2018 vacated and rescheduled for 12/4/2018 at 09:30 AM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 11/02/2018)

11/05/2018

35 Marginal Entry Order granting defendant Sultane Salim's motion to withdraw Document #32. 34 Judge Jeffrey J. Helmick on 11/5/2018. (S,AL) (Entered: 11/05/2018)

11/09/2018 37

Judgment as to Asif Ahmed Salim as to Count 1: 72 months custody; life term of supervised release; no fine; no restitution; $100 special assessment. Judge Jeffrey J. Helmick on 11/9/2018. (S,AL) (Entered: 11/09/2018)

11/20/2018

39 Transcript of Sentencing Proceedings as to Asif Ahmed Salim (1) held on 10/22/2018 before District Judge Jeffrey J. Helmick. To obtain a copy of this transcript please contact court reporter

11/26/2018
11/28/2018 12/04/2018 12/04/2018 12/04/2018

Douglas R. Ackerman, Ackerman Court Reporting, at (419) 2444448. [83 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/27/2018. Redaction Request due 12/11/2018. Redacted Transcript Deadline set for 12/21/2018. Release of Transcript Restriction set for 2/19/2019. (N,SE) (Entered: 11/20/2018)
40 SEALED Document: Sentencing Memorandum filed by Sultane Roome Salim. Related document(s) 30 . (Attachments: # 1 Exhibit Ahmed article, # 2 Exhibit McLoughlin article, # 3 Exhibit Asif email, # 4 Exhibit Farooq email, # 5 Exhibit Mehreen letter, # 6 Exhibit Faatimah letter, # 7 Exhibit Adil letter, # 8 Exhibit Shakila letter, # 9 Exhibit Asiyah letter, # 10 Exhibit LaRue letter)(Kadri, Cherrefe) (Entered: 11/26/2018)
Notice [Non Document] as to Sultane Roome Salim (2). Sentencing set for 12/4/2018 vacated and rescheduled for 12/11/2018 at 1:30 PM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 11/28/2018)
41 Motion for Leave to File Government's Sentencing Memorandum Under Seal by United States of America as to Sultane Roome Salim (2). (Freeman, Michael) (Entered: 12/04/2018)
42 Marginal Entry Order granting the government's motion for leave to file under seal. 41 Judge Jeffrey J. Helmick on 12/4/2018. (S,AL) (Entered: 12/04/2018)
43 SEALED Document: filed by United States of America. Related document(s) 42 . (Attachments: # 1 Exhibit 1-Property Tax Records, # 2 Exhibit 2-Home Purchase Record, # 3 Exhibit 3-Home Sale Record, # 4 Exhibit 4-July 2002 Spreadsheet, # 5 Exhibit 5September 2002 Spreadsheet, # 6 Exhibit 6-Hamid Salim Loan Letter, # 7 Exhibit 7-March 2005 Spreadsheet, # 8 Exhibit 8-August 2006 Spreadsheet, # 9 Exhibit 9-July 2009 Spreadsheet, # 10 Exhibit 10-July 2009 Checks, # 11 Exhibit 11-Fifth Third Acccount Statement Ending in 7628, # 12 Exhibit 12-Fifth Third Acccount Statement Ending in 7792, # 13 Exhibit 13-July 8, 2009 email from AAS to SRS, # 14 Exhibit 14-Ibrahim Mohammad Interview 12-8-2011, # 15 Exhibit 5-Ibrahim Mohammad Plea Agreement, # 16 Exhibit 16-FBI 302 Report of Interview of Asif Salim, # 17 Exhibit 17-Asif Salim Plea Agreement, # 18 Exhibit 18-

12/06/2018 12/07/2018 12/10/2018
12/17/2018 12/21/2018
01/15/2019 01/16/2019

Filed Plea Agreement Yahya, # 19 Exhibit 19-August 31, 2008 email from AAS to SRS, # 20 Exhibit 20-August 31, 2008 email, # 21 Exhibit 21-April 21, 2010 email from SRS, # 22 Exhibit 22August 23, 2009 email from SRS to AAS, # 23 Exhibit 23-Sept. 3, 2009 email to SRS, # 24 Exhibit 24-August 22, 2009 email from SRS)(Freeman, Michael) (Entered: 12/04/2018)
44 Motion for Forfeiture of Property Final by United States of America as to Sultane Roome Salim (2). (Attachments: # 1 Proposed Final Order of Forfeiture)(Morford, James) (Entered: 12/06/2018)
45 Motion to continue sentencing hearing by Sultane Roome Salim (2). (Kadri, Cherrefe) (Entered: 12/07/2018)
46 Marginal Entry Order granting defendant Sultane Roome Salim's 45 Motion to Continue the sentencing scheduled for 12/11/18. Sentencing reset for 1/15/2019 at 10:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick. Defendant to file a supplemental sentencing memo by December 21, 2018; government to respond, if desired, by January 4, 2019. Judge Jeffrey J. Helmick on 12/10/2018. (S,AL) (Entered: 12/10/2018)
47 Order granting 44 the government's motion for final order of forfeiture of property as to Sultane Roome Salim (2). Judge Jeffrey J. Helmick on 12/17/2018. (S,AL) (Entered: 12/17/2018)
48 SEALED Document: Supplemental Sentencing Memorandum filed by Sultane Roome Salim. Related document(s) 30 , 40 . (Attachments: # 1 Exhibit git er done email, # 2 Exhibit mateen 302, # 3 Exhibit home purchase HUD, # 4 Exhibit home sale HUD)(Kadri, Cherrefe) (Entered: 12/21/2018)
49 Plea Agreement as to Sultane Roome Salim (2). (S,AL) (Entered: 01/16/2019)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Sentencing held on 1/15/2019 for Sultane Roome Salim (2). Matt Sheperd, David Smith, Cherrefe Kadri and Julie Meyers present in court. The Court accepted and executed the plea agreement. Testimony taken: Thomas Kucharski. Defendant's Exhibits A and B admitted. Defendant sentenced as to Count 1: 60 months custody; 15 years supervised release; no fine; no restitution; $100 special assessment. Bond continued. Upon oral motion and with the Court's concurrence, the family passports surrendered to the Clerk of Court as a security of bond posted by Sultane Roome Salim, be ordered returned, after the defendant has self surrendered

01/18/2019 01/22/2019 01/25/2019 02/07/2019 02/12/2019
02/19/2019 02/20/2019 02/25/2019

to the Bureau of Prisons. Upon oral motion and with the Court's concurrence, the family passports surrendered to the Clerk of Court as a security of bond posted by defendant Asif Salim, be ordered returned.(Court Reporter Angela Nixon) Time: 4 hours and 45 minutes. (S,AL) (Entered: 01/16/2019)
51 Judgment as to Sultane Roome Salim (2) as to Count 1: 60 months custody; 15 years supervised release; no fine; no restitution; $100 special assessment. Judge Jeffrey J. Helmick on 1/18/2019. (S,AL) (Entered: 01/18/2019)
53 US Marshal Return on final order of forfeiture of property executed on 1/17/19 as to Sultane Roome Salim (2). $21,595.58 was deposited into the AFF. Related doc 47 (P,WL) (Entered: 01/23/2019)
54 Surrender Order Sultane Roome Salim (2) to surrender to FCI Cumberland in Cumberland, MD on 2/15/2019 no later than 1:00 PM. Judge Jeffrey J. Helmick on 1/25/2019. (S,AL) (Entered: 01/25/2019)
55 Non-Appeal Transcript Request by Sultane Roome Salim (2) for proceedings held on January 15, 2019 before Judge Helmick. Court Reporter: Angela Nixon. Requested completion date: April 1, 2019 (Kadri, Cherrefe) (Entered: 02/07/2019)
56 Non-Appeal Transcript Request of Asif Salim's sentencing by Sultane Roome Salim (2) for proceedings held on October 22, 2018 before Judge Helmick. Court Reporter: Ackerman. Requested completion date: April 1, 2019 (Kadri, Cherrefe) (Entered: 02/12/2019)
57 Motion to Release Bond Obligation by Sultane Roome Salim (2). (Kadri, Cherrefe) (Entered: 02/19/2019)
58 Marginal Entry Order granting defendant Sultane Roome Salim's motion to release bond. 57 Judge Jeffrey J. Helmick on 2/20/2019. (S,AL) (Entered: 02/20/2019)
59 Transcript of Sentencing Proceedings as to Sultane Roome Salim (2) held on January 15, 2019 before Judge Jeffrey J. Helmick. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [149 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a

02/26/2019 02/27/2019 02/28/2019 03/05/2019 05/06/2019 07/05/2019
07/12/2019
07/12/2019 07/31/2019

notice of intent to redact with the court by 3/4/2019. Redaction Request due 3/18/2019. Redacted Transcript Deadline set for 3/28/2019. Release of Transcript Restriction set for 5/28/2019. (N,A) (Entered: 02/25/2019)
60 Judgment Returned Executed as to Sultane Roome Salim (2). Defendant delivered to FCI Cumberland, Cumberland, MO on 2/15/2019. (M,L) (Entered: 02/26/2019)
CJA 24 as to Sultane Roome Salim (2): Authorization to Pay Angela Nixon for Transcript. Judge Jeffrey J. Helmick on 2/27/2019. (S,AL) (Entered: 02/27/2019)
61 US Marshal Return on final order of forfeiture of property executed on 2/26/2019 as to Sultane Roome Salim (2). $21,595.57 was returned to owner through attorney on 2/26/2019. (P,WL) (Entered: 03/01/2019)
62 Passport of Sultane Roome Salim returned to U.S. Department of State CA/PPT/L/LA 44132 Mercure Circle, PO Box 1227, Sterling, VA 20166-1227 on 3/6/2019. (Attachments: # 1 Unredacted PS-40 form) (B,JL) (Entered: 03/06/2019)
CJA 20 as to Sultane Roome Salim (2): Authorization to Pay Cherrefe A. Kadri. Bernice Donald on 5/6/19. (W,L) (Entered: 05/06/2019)
63 Motion to Vacate under 28 U.S.C. 2255 by Asif Ahmed Salim (1). (Attachments: # 1 Memorandum Brief in Support, # 2 Exhibit A: Declaration)(M,L) Civil case 3:19-cv-01554-JJH opened. (Additional attachment(s) added on 7/9/2019: # 3 Envelope) (M,L). (Entered: 07/09/2019)
64 Order as to Asif Ahmed Salim (1). The government shall show cause on or before 60 days of the date of this order, why the petition should not be granted and the writ as prayed for issued. Defendant shall file his reply within 30 days after the government has filed their response. Judge Jeffrey J. Helmick on 7/12/2019. (S,AL) (Entered: 07/12/2019)
Copy of 64 Order mailed to defendant Asif Salim at #86551-083 Federal Correctional Institution Berlin P.O. Box 9000 Berlin, NH 03570 on 7/12/2019. (S,AL) (Entered: 07/12/2019)
65 Motion for an Order Finding Waiver of Attorney-Client Privilege re 63 Motion to Vacate under 28 U.S.C. 2255 by United States of

09/06/2019 09/10/2019 09/10/2019 09/13/2019 09/13/2019 10/10/2019 11/18/2019 11/20/2019 11/20/2019

America as to Asif Ahmed Salim (1). (Attachments: # 1 Proposed Order)(Shepherd, Matthew) (Entered: 07/31/2019)
66 Motion for Extension of Time until 10/10/2019 to File Response as to 63 Motion to Vacate under 28 U.S.C. 2255 by United States of America as to Asif Ahmed Salim (1). (Shepherd, Matthew) (Entered: 09/06/2019)
Order [non-document] granting the government's motion for an extension of time until 10/10/2019 to file a response to the 2255. 66 Judge Jeffrey J. Helmick on 9/10/2019. (S,AL) (Entered: 09/10/2019)
Copy of Order (non document) dated 9/10/2019 mailed to Asif Ahmed Salim at #86551-083 Federal Correctional Institution Berlin P.O. Box 9000 Berlin, NH 03570 on 9/10/2019. (S,AL) (Entered: 09/10/2019)
67 Order granting the government's motion for finding a waiver of attorney-client privilege as to Asif Ahmed Salim. 65 Judge Jeffrey J. Helmick on 9/13/2019. (S,AL) (Entered: 09/13/2019)
Copy of 67 Order mailed to defendant Asif Salim at #86551-083 Federal Correctional Institution Berlin P.O. Box 9000 Berlin, NH 03570 on 9/13/2019. (S,AL) (Entered: 09/13/2019)
68 Response by United States of America in opposition to Motion to Vacate under 28 U.S.C. 2255 63 as to Asif Ahmed Salim (1) (Attachments: # 1 Affidavit of Attorney Linda Moreno)(Shepherd, Matthew) (Entered: 10/10/2019)
69 Motion for Extension of Time to November 30, 2019 to File Response/Reply as to 68 Response in Opposition by Asif Ahmed Salim (1). (Attachments: # 1 Envelope)(K,AR) (Entered: 11/19/2019)
Order [non-document] granting petitioner Asif Ahmed Salim's motion for an extension of time to file a reply to the 2255 petition. Petitioner to file reply by December 13, 2019. 69 Judge Jeffrey J. Helmick on 11/20/2019. (S,AL) (Entered: 11/20/2019)
Copy of Order (non document) filed 11/20/2019 mailed to petitioner Asif Ahmed Salim at #86551-083 Federal Correctional Institution Berlin P.O. Box 9000 Berlin, NH 03570 on 11/20/2019. (S,AL) (Entered: 11/20/2019)

12/02/2019
12/04/2019 12/04/2019 01/17/2020 02/18/2021 02/19/2021 02/19/2021

70 Second Motion for Extension of Time until 1/31/2020 to File Reply to 68 Response in Opposition by Asif Ahmed Salim (1). (Attachments: # 1 Sworn declaration of Asif Ahmed Salim, # 2 Exhibit A: Unsworn Statement of Farah Nizamuddin, # 3 Exhibit B: Proposed Sworn Statement of Farah Nizamuddin, # 4 Envelope)(R,Ke) (Entered: 12/03/2019)
Order [non-document] granting Asif Ahmend Salim's motion for an extension of time until 1/31/2020 to file a reply brief in support of his 2255 petition. 70 Judge Jeffrey J. Helmick on 12/4/2019. (S,AL) (Entered: 12/04/2019)
Copy of Order on Motion for Extension of Time to File Response/Reply mailed to Asif Ahmed Salim at #86551-083 USP Marion P.O. Box 1000 Marion, IL 62959 on 12/4/2019. (S,AL) (Entered: 12/04/2019)
71 Reply to Government's 68 Response in Opposition to 63 Motion to Vacate as to Asif Ahmed Salim (1). (Attachments: # 1 Sworn Declarations (2), # 2 Envelope) (D,TM) (Entered: 01/17/2020)
72 Motion for Leave to File a motion for compassionate release under seal by Sultane Roome Salim (2). (Attachments: # 1 Envelope)(S,DM) (Entered: 02/18/2021)
73 Marginal Entry Order granting 72 defendant's Sultane Roome Salim's motion for leave to file under seal. Judge Jeffrey J. Helmick on 2/19/2021. (S,AL) (Entered: 02/19/2021)
Copy of 73 Order on Motion for Leave to File mailed to Sultane Roome Salim #61341-060 Federal Correctional Institution P.O. Box 1000 Cumberland, MD 21501 on 2/19/2021. (S,AL) (Entered: 02/19/2021)

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 Knepp,Termed
U.S. District Court Northern District of Ohio (Toledo) CRIMINAL DOCKET FOR CASE #: 3:18-cr-00165-JJH All Defendants

Case title: United States of America v. Mohammad

Date Filed: 04/11/2018 Date Terminated: 01/28/2019

Assigned to: Judge Jeffrey J. Helmick
Defendant (1) Ibrahim Zubair Mohammad TERMINATED: 01/28/2019
Pending Counts 18:2339C(c)(2)(B) Concealment of financial material support (1)
Highest Offense Level (Opening) Felony
Terminated Counts None
Highest Offense Level (Terminated) None

represented by David Lee Klucas 1900 Monroe Street Toledo, OH 43624 419-255-1102 Fax: 419-255-1415 Email: DaveK@accesstoledo.com ATTORNEY TO BE NOTICED Designation: CJA Appointment
Disposition 60 months custody; no term of supervised release; no fine; no restitution; $100 special assessment
Disposition

Complaints None

Disposition

Plaintiff United States of America

represented by Matthew W. Shepherd Office of the U.S. Attorney Cleveland Ste. 400 801 Superior Avenue, W Cleveland, OH 44113 216-622-3859 Fax: 216-522-2403 Email: matthew.shepherd@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
Michael J. Freeman Office of the U.S. Attorney - Toledo Northern District of Ohio Ste. 308 Four SeaGate Toledo, OH 43604-2624 419-259-6376 Fax: 419-259-6360 Email: michael.freeman2@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained

Date Filed 04/11/2018
04/11/2018
04/11/2018

# Docket Text
1 Information filed by USA as to Ibrahim Zubair Mohammad (1) count(s) 1. (Attachments: # 1 Designation Form, # 2 Penalty Sheet, # 3 Waiver of Indictment) (M,L) (Entered: 04/11/2018)
Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L) (Entered: 04/11/2018)
2 Waiver of Indictment by Ibrahim Zubair Mohammad (1). (S,AL) (Entered: 04/11/2018)

04/11/2018
04/11/2018 04/12/2018 04/17/2018 05/01/2018 05/15/2018
05/15/2018

Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Arraignment as to Ibrahim Zubair Mohammad held on 4/11/2018. Mike Freeman, Matt Shepard, David Smith and David Klucas present in court. Waiver of indictment executed. Defendant entered a guilty plea as to Count 1. Plea agreement signed by the defendant. The Court will make a determination at the time of sentencing re. binding plea agreement. Defendant referred to Probation for preparation of a Presentence Investigation Report. Sentencing to be scheduled in the coming week. Defendant detained.(Court Reporter Angela Nixon) Time: 2 hours. (S,AL) (Entered: 04/11/2018)
3 Notice of Intent to Request Order of Judicial Removal as to Ibrahim Zubair Mohammad (1) (Attachments: # 1 Factual Allegations in Support of Judicial Order of Removal)(Freeman, Michael) (Entered: 04/11/2018)
CJA 20 Appointment of Attorney David Klucas. Counsel is reminded of their obligation to report significant changes in defendant's employment or financial circumstances sufficient to enable defendant to pay, in whole or in part, for legal representation. CJA Plan, Part IV (D)(2).. Judge Jeffrey J. Helmick on 4/11/2018. (S,AL) (Entered: 04/12/2018)
4 Non-Appeal Transcript Request by Atty Cherrefe A. Kadri, re deft: Ibrahim Zubair Mohammad (1) for proceedings held on 4/11/18 before Judge Helmick. Court Reporter: Angela Nixon. Requested completion date: 6/15/18 (K,J) (Entered: 04/17/2018)
Notice [Non Document] as to Ibrahim Zubair Mohammad (1). Sentencing set for 10/3/2018 at 10:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 05/01/2018)
5 Transcript of Change of Plea Proceedings as to Ibrahim Zubair Mohammad (1) held on April 11, 2018 before Judge Jeffrey Helmick. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [69 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/22/2018. Redaction Request due 6/5/2018. Redacted Transcript Deadline set for 6/15/2018. Release of Transcript Restriction set for 8/13/2018. (N,A) (Entered: 05/15/2018)
6 SEALED Transcript of Motion Hearing as to Ibrahim Zubair Mohammad (1) held on April 11, 2018 before Judge Jeffrey Helmick. Court reporter: Angela Nixon. [8 pages] (N,A) (Entered: 05/15/2018)

05/23/2018 7 Notice of Appearance of Attorney Matthew W. Shepherd appearing for USA. (Shepherd, Matthew) (Entered: 05/23/2018)

06/18/2018

9 Motion for extension of time until 7/6/2018 to file Objections to Intial Pre- Sentence Report by Ibrahim Zubair Mohammad (1). (Klucas, David) (Entered: 06/18/2018)

06/20/2018 10 Marginal Entry Order granting the defendant's motion for extension of time until 7/6/2018 to file objections to the presentence report. 9 Judge Jeffrey J. Helmick on 6/20/2018. (S,AL) (Entered: 06/20/2018)

09/18/2018

Notice [Non Document] as to Ibrahim Zubair Mohammad. Sentencing set for 10/3/2018 vacated and rescheduled for 11/15/2018 at 01:30 PM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 09/18/2018)

10/18/2018

14 Order as to Ibrahim Zubair Mohammad. On August 29, 2018, the Government filed an Ex Parte Second Supplemental filing pursuant to Section 4 of CIPA. I have reviewed the filing and grant the Government's request not to disclose the information discussed in the classified filing. Judge Jeffrey J. Helmick on 10/18/2018. (S,AL) (Entered: 10/18/2018)

11/02/2018

Notice [Non Document] as to Ibrahim Zubair Mohammad (1). Sentencing set for 12/13/2018 vacated and rescheduled for 12/13/2018 at 10:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 11/02/2018)

12/10/2018

Notice [Non Document] as to Ibrahim Zubair Mohammad. Sentencing set for 12/13/2018 vacated and rescheduled for 1/18/2019 at 10:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 12/10/2018)

01/18/2019

15 Stipulated Judicial Order of Removal by United States of America as to Ibrahim Zubair Mohammad (1) (Attachments: # 1 Exhibit Defendant's Plea Statement, # 2 Exhibit Concurrence)(Shepherd, Matthew) (Entered: 01/18/2019)

01/18/2019 16 Plea Agreement as to Ibrahim Zubair Mohammad. (S,AL) (Entered: 01/18/2019)

01/18/2019

Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Sentencing held on 1/18/2019 for Ibrahim Zubair Mohammad. Matt Shepherd and Dave Klucas present in court. Court accepted and executed the plea agreement. Defendant sentences as to Count 1: 60 months custody; no term of supervised release; no fine; no restitution;

$100 special assessment. (Court Reporter Angela Nixon) Time: 1 hour. (S,AL) (Entered: 01/18/2019)

01/28/2019

17 Judgment as to Ibrahim Zubair Mohammad as to Count 1: 60 months custody; no term of supervised release; no fine; no restitution; $100 special assessment. Judge Jeffrey J. Helmick on 1/28/2019. (S,AL) (Entered: 01/28/2019)

01/30/2019

CJA 20 as to Ibrahim Zubair Mohammad: Authorization to Pay David Klucas.. Judge Jeffrey J. Helmick on 1/30/2019. (S,AL) (Entered: 01/30/2019)

02/15/2019

19 Stipulated Judicial Order of Removal as to Ibrahim Zubair Mohammad. Defendant is ordered removed from the United States to India upon his sentencing, for which removal is to be effected upon completion of his term of incarceration. Judge Jeffrey J. Helmick on 2/15/2019. (S,AL) (Entered: 02/15/2019)

PACER Service Center Transaction Receipt

02/24/2021 22:31:11

PACER Login: hudsonerdman Client Code:

Description: Docket Report Search Criteria: 3:18-cr-00165-JJH

Billable Pages: 3

Cost:

0.30

 
 Case: 3:18-cr-00186-JJH Doc #: 1 Filed: 04/12/18 1 of 2. PageID #: 1
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UNITED STATES OF AMERICA,

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ASIF AHMED SALIM, SULTANE ROOME SALIM,

INFORMATION
18U.S.C. § 2339C(c)(2)(B)

Defendants.

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COUNT ONE
(Concealment of Financing of Terrorism)

The United States Attorney charges:

From a date unknown, but at least as earlyas in or about September 2011, and continuing

until at least in or about January 2012, in the Northern District of Ohio, and elsewhere,

defendants ASIF AHMED SALIM and SULTANE ROOME SALIM did knowingly conceal and

disguise the nature, location, source, ownership and control of material support and resources,

and funds, knowing that such funds were provided and collected, in violation of Title 18, United

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States Code, Section 2339C(a).

All in violation of Title 18, United States Code, Section 2339C(c)(2)(B).

Case: 3:18-cr-00186-JJH Doc #: 1 Filed: 04/12/18 2 of 2. PageID #: 2

 
 Case: 3:18-cr-00165-JJH Doc #: 1 Filed: 04/11/18 1 of 1. PageID #: 1

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CLERK. U.S. DISTRICT COURT NORTHERN DISTRICT OF OHIO
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UNITED STATES OF AMERICA.

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CASE NO.:

Plaintiff. v.

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JUDGE JEFFREY J. HELMICK.

) MAG. JUDGE JAMES R. KNEPPII

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IBRAHIM ZUBAIR MOHAMMAD,

)

)

INFORMATION

)

18U.S.C. § 2339C(c)(2)(B)

Defendant.

)

)

COUNT ONE
(Concealment of Financing of Terrorism)

The United States Attorney charges:

From a date unknown, but at least as early as in or about September 2011, and continuing

until at least in or about January 2012, in the Northern District of Ohio, and elsewhere, defendant

IBRAHIM ZUBAIR MOHAMMAD did knowingly conceal and disguise the nature, location,

source, ownership and control of material support and resources, and funds, knowing that such

funds were provided and collected, in violation of Title 18, United States Code, Section

2339C(a).

All in violation of Title 18, United States Code, Section 2339C(c)(2)(B).

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JUSTIN E. HERDMAN

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UNITED STATES ATTORNEY

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U.S. District Court Northern District of Ohio (Toledo) CRIMINAL DOCKET FOR CASE #: 3:16-cr-00222-EAS-1

Case title: United States of America v. Mohammad Related Case: 3:19-cv-00740-EAS

Date Filed: 07/06/2016 Date Terminated: 11/08/2017

Assigned to: Judge Edmund A. Sargus, Jr Appeals court case number: 193870 6th Circuit
Defendant (1) Yahya Farooq Mohammad TERMINATED: 11/08/2017

represented by Yahya Farooq Mohammad 86552-083 USP - Florence ADMAX P.O. Box 8500 Florence, CO 81226 PRO SE
Robin V. Waters Durkin & Roberts 2446 North Clark Street Chicago, IL 60614 312-913-9300 Email: rwaters@durkinroberts.com ATTORNEY TO BE NOTICED Designation: Retained
Thomas A. Durkin Durkin & Roberts 2446 North Clark Street Chicago, IL 60614 312-913-9300 Fax: 312-913-9235 Email: tdurkin@durkinroberts.com ATTORNEY TO BE NOTICED Designation: Retained

Pending Counts
18:373(a) Solicitation to Commit a Crime of Violence (2)
Highest Offense Level (Opening) Felony
Terminated Counts 18:1114(3) Attempted First Degree Murder of a Federal Officer or Employee (1) 18:1958(a) Use of Interstate Commerce Facilities in the Commission of Murder-for-Hire (3)
Highest Offense Level (Terminated) Felony
Complaints None

Disposition Defendant sentenced to 180 months (minus time served) for count 1 of case 3:15-cr-358(1); and 240 months for count 2 of case 3:16-cr-222, with 90 of those months to run concurrently with count 1 of case 3:15-cr-358 (1). The remaining 150 months will run consecutively with count 1 of case 3:15-cr-358 (1) for a total of 330 months; 10 years supervised release; $200 special assessment; No fine imposed; No Restitution
Disposition
Dismissed per plea agreement.
Dismissed per plea agreement.
Disposition

Plaintiff United States of America

represented by Michael J. Freeman Office of the U.S. Attorney - Toledo

Date Filed 07/06/2016
07/07/2016

Northern District of Ohio Ste. 308 Four SeaGate Toledo, OH 43604-2624 419-259-6376 Fax: 419-259-6360 Email: michael.freeman2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Gregory R. Gonzalez U.S. Department of Justice 950 Pensylvania Avenue, NW Washington, DC 20530 202-514-4050 Email: gregory.gonzalez2@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
Matthew W. Shepherd Office of the U.S. Attorney Cleveland Northern District of Ohio Ste. 400 801 Superior Avenue, W Cleveland, OH 44113 216-622-3859 Fax: 216-522-2403 Email: matthew.shepherd@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
# Docket Text
1 Indictment filed by USA as to Yahya Farooq Mohammad (1) count(s) 1, 2, 3. (Attachments: # 1 Designation Form, # 2 Penalty Sheet, # 3 Signature Page) (H,JD) (Entered: 07/07/2016)
Order (non-document) referring case to Magistrate Judge James R. Knepp, II as to Yahya Farooq Mohammad (1). Judge Jack Zouhary on 07/07/2016. (H,JD) (Entered: 07/07/2016)

07/12/2016 07/12/2016 07/12/2016 07/12/2016 07/13/2016 07/29/2016
08/01/2016 08/11/2016

2 Order of Recusal as to Yahya Farooq Mohammad (1). This case is returned to the Clerk for reassignment to another judge. This Court orders all time from Defendant's indictment to his arraignment before an out-of-district judicial officer is excluded from the Speedy Trial Act. See Order for details. Judge Jack Zouhary on 7/12/2016. (D,L) (Entered: 07/12/2016)
3 NOTICE of Designation of District Judge for Service in Another District Within Circuit as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr. is hereby designated. (D,L) (Entered: 07/12/2016)
4 Order of Reassignment as to Yahya Farooq Mohammad (1). This case is returned to the Clerk for reassignment to Judge Edmund A. Sargus, Jr. for all further proceedings. Judge Jack Zouhary on 7/12/2016. (D,L) (Entered: 07/12/2016)
Judge update in case as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr added. Judge Jack Zouhary no longer assigned to case. (L,A) (Entered: 07/12/2016)
Referral [non-document] to Magistrate Judge James R. Knepp, II terminated. Judge Jack Zouhary on 7/13/2016. (D,L) (Entered: 07/13/2016)
5 Order: The Government shall have through 7/20/16 to provide Defendants its position on severance; Defendants shall have through 8/3/16 to supplement their non-FISA motions. Arraignment set for 8/10/16 at 10:30 AM to be held in Courtroom 204 for Yahya Farooq Mohammad in case 3:16cr222 with status conference to be held immediately following re: 3:15cr358 and 3:16cr222. Defendants shall have through 9/9/16 to submit FISA-related motions. Government shall have through 11/18/16 to respond and defendants shall have through 12/16/16 to reply. Judge Edmund A. Sargus, Jr on 7/29/16. Judge Edmund A. Sargus, Jr on 7/29/16. (C,D) (Entered: 07/29/2016)
6 Notice of Appearance of Attorney - Thomas A. Durkin appearing for Yahya Farooq Mohammad (1) (Durkin, Thomas) (Entered: 08/01/2016)
7 Minutes of proceedings before Judge Edmund A. Sargus, Jr.Arraignment as to Yahya Farooq Mohammad (1) Count 1,2,3 held on 8/11/2016 (Court Reporter: Angela Nixon) Time: 10:30 am. (W,LV) (Entered: 08/11/2016)

08/12/2016 08/16/2016 08/16/2016 08/16/2016 09/29/2016 10/06/2016 10/28/2016
10/28/2016 11/16/2016

8 Scheduling Order as to Yahya Farooq Mohammad (1) Jury Trial set for 2/7/2017 at 09:00 AM in Courtroom 204 before Judge Edmund A. Sargus Jr. Motions due by 12/16/2016.Signed by Judge Edmund A. Sargus, Jr on 8/12/16. (W,LV) (Entered: 08/12/2016)
9 Motion for Protective Order by United States of America as to Yahya Farooq Mohammad (1). (Attachments: # 1 Proposed Order)(Shepherd, Matthew) (Entered: 08/16/2016)
10 Order granting 9 Motion for Protective Order as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 8/16/16. (W,LV) (Entered: 08/16/2016)
11 Order requiring defense counsel to undergo screening for issuance of security clearance as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 8/16/16. (W,LV) (Entered: 08/16/2016)
12 FILING ERROR. TO BE REFILED: SEALED Transcript of Hearing as to Yahya Farooq Mohammad (1) held on August 10, 2016, before Judge Edmund A. Sargus. Court reporter: Angela Nixon. [50 pages] (N,A) Modified to note filing error and regenerated NEF on 10/6/2016 (S,HR). (Entered: 09/29/2016)
13 SEALED Transcript of Pre-Trial Hearing as to Yahya Farooq Mohammad (1) held on August 10, 2016 before Judge Edmund A. Sargus. Court reporter: Angela Nixon. [50 pages] (N,A) (Entered: 10/06/2016)
14 Motion Defendant Yahya Farooq Mohammad's Attorneys' Motion to Enforce Detention Order of November 25, 2015, Regarding Attorney Consultation; And to Enjoin the Government From Requiring Attorney Affirmations of Special Administrative Measures As A Precondition of Any Attorney/Client Matters Involving Representation of Defendant by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit A Placeholder (filed under seal), # 2 Exhibit B - 10/13/16 Email with Govt., # 3 Exhibit C - 4/17/03 Minute Order U.S. v. Hale, 03 CR 11 (N.D. Ill.))(Durkin, Thomas) (Entered: 10/28/2016)
15 SEALED Document: filed by Yahya Farooq Mohammad. Related document(s) 10 , 14 . (Durkin, Thomas) (Entered: 10/28/2016)
16 Motion Motion to File Government's Response in Opposition Under Seal by United States of America as to Yahya Farooq Mohammad (1). (Shepherd, Matthew) (Entered: 11/16/2016)

11/18/2016 11/18/2016
11/22/2016 11/22/2016 11/30/2016
12/16/2016 01/03/2017 01/09/2017 01/09/2017

17 Order granting 16 Motion to file it's response to 14 under seal as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 11/17/16. (W,LV) (Entered: 11/18/2016)
18 SEALED Document: Government's Response in Opposition to Defendant Yahya Farooq Mohammad's Motion to Enforce Detention Order and Enjoin Government From Requiring Attorney Affirmations filed by United States of America. Related document(s) 17 . (Attachments: # 1 Exhibit A - SAMs Order, # 2 Exhibit B - Affirmation)(Shepherd, Matthew) (Entered: 11/18/2016)
19 Expedited Non-Appeal Transcript Request by Yahya Farooq Mohammad (1) for proceedings held on 8/10/2016 before Judge Edmund A. Sargus. Court Reporter: Angela Nixon. Requested completion date: 11/29/2016 (Durkin, Thomas) (Entered: 11/22/2016)
20 Notice of Appearance of Attorney - Robin V. Waters appearing for Yahya Farooq Mohammad (1) (Waters, Robin) (Entered: 11/22/2016)
21 Reply to response to Motion Defendant Yahya Farooq Mohammad's Attorneys' Motion to Enforce Detention Order of November 25, 2015, Regarding Attorney Consultation; And to Enjoin the Government From Requiring Attorney Affirmations of Special Administrative M 14 as to Yahya Farooq Mohammad (1) (Durkin, Thomas) (Entered: 11/30/2016)
22 Motion to continue Trial Date by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Durkin, Thomas) (Entered: 12/16/2016)
23 Order denying 14 Motion to Enforce Detention Order as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 1/3/17. (W,LV) (Entered: 01/03/2017)
24 Minutes of proceedings [non-document] before Judge Edmund A. Sargus, Jr.Telephone Conference as to Yahya Farooq Mohammad (1) held on 1/9/2017 (Court Reporter: Darla Coulter) Time: 3:00. (W,LV) (Entered: 01/09/2017)
25 FILING ERROR. Scheduling Order as to Yahya Farooq Mohammad (1) Jury Trial RESCHEDULED for 8/14/2017 at 09:00 AM in Chambers 222 (Toledo) before Judge Edmund A. Sargus Jr. Judge Edmund A. Sargus, Jr on 1/9/17. (W,LV) Modified on 1/10/2017 (G,CA). (Entered: 01/09/2017)

01/10/2017 01/13/2017 01/18/2017 01/18/2017 01/18/2017 01/20/2017 01/20/2017
02/16/2017 02/16/2017 03/15/2017

26 Scheduling Order as to Yahya Farooq Mohammad (1) Jury Trial tentatively rescheduled for 3/20/2017 at 09:00 AM in Chambers 222 (Toledo) before Judge Edmund A. Sargus Jr... Judge Edmund A. Sargus, Jr on 1/9/17. (W,LV) (Entered: 01/10/2017)
27 Motion to Seal Government's Notice of Intent to Use Evidence Pursuant to Rule 404(b) and Defense Witness Availability by United States of America as to Yahya Farooq Mohammad (1). (Shepherd, Matthew) (Entered: 01/13/2017)
28 Transcript of Telephone Conference as to Yahya Farooq Mohammad (1) held on 1/6/17 before Judge Sargus. To obtain a bound copy of this transcript please contact Darla Coulter 614-7193245 (W,LV) (Entered: 01/18/2017)
29 Order granting 27 Motion to Seal as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 1/17/17. (W,LV) (Entered: 01/18/2017)
30 SEALED Document: Notice of Government's Intent to Introduce Evidence Pursuant to Rule 404(b) and Defense Witness Availability filed by United States of America. Related document(s) 29 . (Shepherd, Matthew) (Entered: 01/18/2017)
31 Notice as to Yahya Farooq Mohammad (1) Regarding the Special Administrative Procedures (SAMs) Attorney Affirmations (Durkin, Thomas) (Entered: 01/20/2017)
32 SEALED Document: Defendant's Response to the Government's Notice of Intent to Introduce Evidence Pursuant to Rule 404(b) And Defense Witness Availability, As Required by the Court's January 10, 2017, Order filed by Yahya Farooq Mohammad. Related document(s) 29 . (Attachments: # 1 Exhibit A - G)(Durkin, Thomas) (Entered: 01/20/2017)
33 Scheduling Order as to Yahya Farooq Mohammad (1): Jury Trial set for 6/26/2017 at 09:00 AM in Chambers 222 (Toledo) before Judge Edmund A. Sargus Jr. Pretrial Motions due by 4/26/2017. Judge Edmund A. Sargus, Jr on 2/15/2017. (S,Ma) (Entered: 02/16/2017)
34 Order as to Yahya Farooq Mohammad (1) re: SAM Requirements. Signed by Judge Edmund A. Sargus, Jr on 2/15/2017. (S,Ma) (Entered: 02/16/2017)
35 Order as to Yahya Farooq Mohammad (1) re: Speedy Trial. Judge Edmund A. Sargus, Jr on 3/15/2017. (S,Ma) (Entered: 03/15/2017)

04/26/2017

36 Motion in Limine by United States of America as to Yahya Farooq Mohammad (1). (Shepherd, Matthew) (Entered: 04/26/2017)

04/26/2017

37 Motion for Bill of Particulars by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 04/26/2017)

04/26/2017

38 Motion for Disclosure Defendant Yahya Farooq Mohammad's Request for Notice of FISA Evidence Pursuant to 50 U.S.C. 1806(c) and 1881e(a) or Other Intelligence Gathering by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit (filed under seal))(Durkin, Thomas) (Entered: 04/26/2017)

04/26/2017

39 SEALED Document: filed by Yahya Farooq Mohammad. Related document(s) 10 , 38 . (Durkin, Thomas) (Entered: 04/26/2017)

04/26/2017

40 Motion to Suppress Defendant Yahya Farooq Mohammad's Motion to Suppress Statements Made in Violation of the Sixth Amendment Right to Counsel and the Principles Enunciated in Massiah v. United States by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Durkin, Thomas) (Entered: 04/26/2017)

04/26/2017

41 Motion Defendant Yahya Farooq Mohammad's Motion for Defense Immunity; or in the Alternative, for the Missing Witness Instruction by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit (filed under seal))(Durkin, Thomas) (Entered: 04/26/2017)

04/26/2017

42 SEALED Document: filed by Yahya Farooq Mohammad. Related document(s) 10 , 41 . (Durkin, Thomas) (Entered: 04/26/2017)

04/26/2017

43 Motion for Leave to File Defendant Yahya Farooq Mohammad's Motion for Leave to File Additional Pretrial Motions by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 04/26/2017)

05/18/2017 44

Order Memorializing 5/17/17 Telephonic Status Conference as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 5/17/2017. (S,Ma) (Entered: 05/18/2017)

05/26/2017 45

Response by United States of America in opposition to Motion for Disclosure Defendant Yahya Farooq Mohammad's Request for Notice of FISA Evidence Pursuant to 50 U.S.C. 1806(c) and 1881e(a) or Other Intelligence Gathering 38 as to Yahya Farooq Mohammad (1) (Gonzalez, Gregory) (Entered: 05/26/2017)

05/27/2017

46 Response by United States of America in opposition to Motion for Bill of Particulars 37 as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 05/27/2017)

05/27/2017 47

Response by United States of America to Motion to Suppress Defendant Yahya Farooq Mohammad's Motion to Suppress Statements Made in Violation of the Sixth Amendment Right to Counsel and the Principles Enunciated in Massiah v. United States 40 as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 05/27/2017)

05/27/2017 48

Response by United States of America in opposition to Motion Defendant Yahya Farooq Mohammad's Motion for Defense Immunity; or in the Alternative, for the Missing Witness Instruction 41 as to Yahya Farooq Mohammad (1) (Freeman, Michael) (Entered: 05/27/2017)

06/06/2017 49

Opinion and Order granting in part and denying in part 40 Motion to Suppress Statements Made in Violation of the Sixth Amendment as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 6/6/2017. (S,Ma) (Entered: 06/06/2017)

06/08/2017 50

Opinion and Order denying 41 Motion for Defense Witness Immunity as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 6/8/2017. (S,Ma) (Entered: 06/08/2017)

06/11/2017 51

Motion to continue Trial Date Defendant's Motion to Continue Trial Date by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit A - Filed Under Seal, # 2 Exhibit B - Filed Under Seal)(Durkin, Thomas) (Entered: 06/11/2017)

06/11/2017

52 SEALED Document: filed by Yahya Farooq Mohammad. Related

document(s) 10 , 51 . (Durkin, Thomas) (Entered: 06/11/2017)

06/11/2017

53 SEALED Document: filed by Yahya Farooq Mohammad. Related document(s) 10 , 52 . (Durkin, Thomas) (Entered: 06/11/2017)

06/16/2017 54

Order Memorializing 6/15/2017 Telephone Conference and Resetting Trial Dates as to Yahya Farooq Mohammad (1). Jury Trial set for 7/24/2017 at 09:00 AM in Toledo before Judge Edmund A. Sargus Jr., Final Pretrial Conference set for 7/12/2017 at 10:30 AM in Toledo before Judge Edmund A. Sargus Jr. Signed by Judge Edmund A. Sargus, Jr on 6/16/2017. (S,Ma) (Entered: 06/16/2017)

06/21/2017

55 Motion for Protective Order by United States of America as to Yahya Farooq Mohammad (1). (Shepherd, Matthew) (Entered: 06/21/2017)

06/26/2017

56 Proposed Voir Dire by United States of America as to Yahya Farooq Mohammad (1) (Freeman, Michael) (Entered: 06/26/2017)

07/07/2017

57 Motion Government's Notice of Intent to Request Order of Judical Removal by United States of America as to Yahya Farooq Mohammad (1). (Freeman, Michael) (Entered: 07/07/2017)

07/07/2017

60 DESIGNATION of District Judge For Service in Another District Within His Court as to Yahya Farooq Mohammad (1). Judge R. Guy Cole, Jr on 7/7/2017. (S,Ma) (Entered: 07/17/2017)

07/10/2017

58 Plea Agreement as to Yahya Farooq Mohammad (1). (Attachments: # 1 Addendum)(S,Ma) (Entered: 07/11/2017)

07/10/2017

59 Minutes of proceedings before Judge Edmund A. Sargus, Jr. Change of Plea Hearing as to Yahya Farooq Mohammad (1) held on 7/10/2017. Guilty Plea entered by Yahya Farooq Mohammad (1) as to Count 2 of the Indictment (and to Count 1 of the Indictment in case 3:15-cr-358) with referral to Probation for preparation of a Presentence Investigation Report.(Court Reporter: Darla Coulter) Time: 10:40 am - 11:14 am. (S,Ma) (Entered: 07/11/2017)

09/18/2017

61 Notice as to Yahya Farooq Mohammad (1). Sentencing set for 11/6/2017 at 10:30 AM in Courtroom 204 before Judge Edmund A. Sargus Jr.(S,Ma) (Entered: 09/18/2017)

10/25/2017

62 Order as to Yahya Farooq Mohammad (1). The parties shall have until 10/30/2017 to submit their sentencing memoranda. Judge Edmund A. Sargus, Jr on 10/24/2017. (S,Ma) (Entered: 10/25/2017)

10/30/2017 63

Sentencing Memorandum by Yahya Farooq Mohammad (1) (Durkin, Thomas) (Entered: 10/30/2017)

10/30/2017

64 SEALED Document: Sealed Exhibit A to Defendant's Sentencing Memorandum (Character Letters) filed by Yahya Farooq

Mohammad. Related document(s) 17 , 63 (Entered: 10/30/2017)

. (Durkin, Thomas)

11/06/2017

65 Minutes of proceedings before Judge Edmund A. Sargus, Jr.Sentencing held on 11/6/2017 for Yahya Farooq Mohammad (1). Defendant sentenced to 180 months (minus time served) for count 1 of case 3:15-cr-358(1); and 240 months for count 2 of case 3:16-cr-

11/06/2017 11/07/2017 11/08/2017
11/08/2017 04/02/2019 04/18/2019 05/03/2019 05/09/2019

222, with 90 of those months to run concurrently with count 1 of case 3:15-cr-358 (1). Theremaining 150 months will run consecutively with count 1 of case 3:15-cr-358 (1) for a total of 330 months;10 years supervised release;$200 special assessment;No fine imposed;No Restitution. Counts 1 and 3 are dismissed per plea agreement.(Court Reporter Angela Nixon) Time: 10:45 a.m.- 11:23 a.m. (S,Ma) (Entered: 11/07/2017)
66 DEFENDANT'S Plea Statement in Support of Judicial Removal by Yahya Farooq Mohammad (1). (S,Ma) (Entered: 11/08/2017)
67 STIPULATED Judicial Order of Removal as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 11/7/2017. (S,Ma) (Entered: 11/08/2017)
68 Judgment as to Yahya Farooq Mohammad (1). Defendant sentenced to 180 months (minus time served) for count 1 of case 3:15-cr-358(1); and 240 months for count 2 of case 3:16-cr-222, with 90 of those months to run concurrently with count 1 of case 3:15-cr-358 (1). The remaining 150 months will run consecutively with count 1 of case 3:15-cr-358 (1) for a total of 330 months; 10 years supervised release; $200 special assessment; No fine imposed; No Restitution. Counts 1, 3, Dismissed per plea agreement. Judge Edmund A. Sargus, Jr on 11/8/2017. (S,Ma) (Entered: 11/08/2017)
69 STATMENT of Reasons as to 68 Judgment. (S,Ma) (Entered: 11/08/2017)
70 Motion to Vacate under 28 U.S.C. 2255 by Yahya Farooq Mohammad (1). (Attachments: # 1 Envelope)(R,Ke) Civil case 3:19-cv-00740-EAS opened. Related cases: 3:15cr358 / 3:19cv729. Added Motion to Appoint Counsel, Motion for Evidentiary Hearing on 5/9/2019 (R,Ke). (Entered: 04/03/2019)
71 Response by United States of America in opposition to Motion to Vacate under 28 U.S.C. 2255 70 as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 04/18/2019)
72 Supplemental letter brief in support of 70 Motion to Vacate under 28 U.S.C. 2255 as to Yahya Farooq Mohammad (1) (Attachments: # 1 Transmittal Letter, # 2 Envelope)(M,L) (Entered: 05/03/2019)
73 Reply to response to 70 Motion to Vacate under 28 U.S.C. 2255 as to Yahya Farooq Mohammad (1). (Attachments: # 1 envelope)(R,Ke) (Entered: 05/09/2019)

06/27/2019 74

Opinion and Order: Defendant Yahya Farooq Mohammad's request for an evidentiary hearing is denied; Defendant's request for appointment of counsel is denied; Defendant Yahya Farooq Mohammad's Motion to Set Aside, Vacate and Correct Convictions and Sentences pursuant to 28 USC 2255 is denied and this action is dismissed; the Court declines to issue a certificate of appealability (related document 389 ). Judge Edmund A. Sargus, Jr 6/27/2019.(R,Li) Civil Case 3:19-cv-00740-EAS closed. (Entered: 06/27/2019)

06/27/2019

Copy of Opinion and Order denying Motion to Vacate (2255), Motion to Appoint Counsel and Motion for Hearing (related

document 74 ) mailed to Yahya Farooq Mohammad 86552083 at U.S. Penitentiary MAX, P. O. Box 8500, Florence, CO 81226 on 6/27/2019. (R,Li) (Entered: 06/27/2019)

09/09/2019

75 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from

the 74 Opinion and Order of 6/27/19, filed by petitioner Yahya Farooq Mohammad (1). Filing fee not paid [3:19cv740]. (Attachments: # 1 Envelope) (D,TM) (Entered: 09/11/2019)

09/20/2019

Acknowledgment from USCA for the Sixth Circuit of receipt of 75 Notice of Appeal as to petitioner Yahya Farooq Mohammad (1) (USCA# 19-3870). Date filed in USCA 9/13/19. (H,SP) (Entered: 09/20/2019)

10/28/2019

76 True Copy of order from USCA for the Sixth Circuit: The appeal filed by petitioner Yahya Farooq Mohammad (1) is dismissed for want of prosecution re 75 (USCA# 19-3870). Date issued by USCA 10/25/19 [3:19cv740] (H,SP) (Entered: 10/28/2019)

06/09/2020

77 Appeal Order from USCA for the Sixth Circuit: Granting the motion by appellant Yahya Farooq Mohammad (1) to reinstate the case re 75 Notice of Appeal (USCA# 19-3870). Date issued by USCA 6/5/20 (H,SP) (Entered: 06/09/2020)

08/13/2020

78 True Copy of order from USCA for the Sixth Circuit: Denying the application by petitioner Yahya Farooq Mohammad (1) for a certificate of appealability re 75 Notice of Appeal (USCA# 193870). Date issued by USCA 8/11/20 [3:19cv740] (H,SP) (Entered: 08/13/2020)

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CRClearinghouse Client Code: Hudson-Erdman

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Docket Report

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 Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 1 of 34
Knepp,Protect,Termed
U.S. District Court Northern District of Ohio (Toledo) CRIMINAL DOCKET FOR CASE #: 3:15−cr−00358−JJH All Defendants

Case title: United States of America v. Mohammad et al

Date Filed: 09/30/2015 Date Terminated: 01/22/2019

Assigned to: Judge Edmund A. Sargus, Jr

Defendant (1)
Yahya Farooq Mohammad TERMINATED: 11/08/2017

represented by Thomas A. Durkin Durkin & Roberts 2446 North Clark Street Chicago, IL 60614 312−913−9300 Fax: 312−913−9235 Email: tdurkin@durkinroberts.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
John Czarnecki Spengler Nathanson − Toledo 900 Adams Street Toledo, OH 43604 419−252−6251 Fax: 419−241−8599 Email: jczarnecki@snlaw.com ATTORNEY TO BE NOTICED
Neil S. McElroy 1119 Adams Street Toledo, OH 43604 419−243−3800 Fax: 419−243−4046 Email: law.mcelroy@gmail.com TERMINATED: 12/23/2015 ATTORNEY TO BE NOTICED Designation: CJA Appointment
Robin V. Waters Durkin & Roberts 2446 North Clark Street Chicago, IL 60614 312−913−9300 Email: rwaters@durkinroberts.com ATTORNEY TO BE NOTICED

Pending Counts
18:2339A Conspiracy to Provide Material Support and Resources to Terrorists (1)

Disposition
Defendant sentenced to 180 months (minus time served) for count 1 of case 3:15−cr−358(1); and 240 months for count 2 of case 3:16−cr−222, with 90 of those months to run concurrently with count 1 of case 3:15−cr−358 (1). The remaining 150 months will run consecutively with count 1 of case 3:15−cr−358 (1) for a total of 330 months; 10 years supervised release; $200 special assessment; No fine imposed; No Restitution.

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 2 of 34

Highest Offense Level (Opening) Felony
Terminated Counts 18:2339A and 2 Providing Material Support and Resources to Terrorists (2) 18:1349 Conspiracy to Commit Bank Fraud (3) 18:1512(k) Conspiracy to Obstruct Justice (4)
Highest Offense Level (Terminated) Felony
Complaints None
Assigned to: Judge Jeffrey J. Helmick
Defendant (2) Ibrahim Zubair Mohammad TERMINATED: 01/22/2019
Pending Counts 18:2339A Conspiracy to Provide Material Support and Resources to Terrorists (1) 18:2339A and 2 Providing Material Support and Resources to Terrorists (2) 18:1349 Conspiracy to Commit Bank Fraud (3) 18:1512(k) Conspiracy to Obstruct Justice (4)
Highest Offense Level

Disposition
Dismissed per plea agreement
Dismissed per plea agreement
Dismissed per plea agreement
Disposition
represented by David Lee Klucas 1900 Monroe Street Toledo, OH 43624 419−255−1102 Fax: 419−255−1415 Email: DaveK@accesstoledo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Disposition Upon oral motion of the government, count dismissed.
Upon oral motion of the government, count dismissed.
Upon oral motion of the government, count dismissed. Upon oral motion of the government, count dismissed.

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 3 of 34
(Opening) Felony

Terminated Counts None

Disposition

Highest Offense Level (Terminated)
None

Complaints None

Disposition

Assigned to: Judge Jeffrey J. Helmick
Appeals court case number: 18−3155 6th Circuit

Defendant (3)
Asif Ahmed Salim TERMINATED: 11/09/2018

represented by Linda G. Moreno Ste. 312 511 Avenue of the Americas New York, NY 10011 813−247−4500 Fax: 855−725−7454 Email: lindamoreno.esquire@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Charles E. Boyk Law Office of Charles E. Boyk Ste. 1200 405 Madison Avenue Toledo, OH 43604 419−241−1395 Fax: 419−241−8731 Email: cboyk@charlesboyk−law.com TERMINATED: 12/15/2015 Designation: CJA Appointment

Pending Counts
18:2339A Conspiracy to Provide Material Support and Resources to Terrorists (1)
18:2339A and 2 Providing Material Support and Resources to Terrorists (2)
18:1512(k) Conspiracy to Obstruct Justice (4)

Disposition Upon motion of the government, count dismissed. Upon motion of the government, count dismissed. Upon motion of the government, count dismissed.

Highest Offense Level (Opening)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 4 of 34 Felony

Terminated Counts None

Disposition

Highest Offense Level (Terminated)
None

Complaints None

Disposition

Assigned to: Judge Jeffrey J. Helmick

Defendant (4)
Sultane Roome Salim TERMINATED: 01/16/2019

represented by Cherrefe A. Kadri Ste. 202 1109 Adams Street Toledo, OH 43624 419−243−7500 Fax: 419−242−4354 Email: cakadri@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Pending Counts
18:2339A Conspiracy to Provide Material Support and Resources to Terrorists (1)
18:2339A and 2 Providing Material Support and Resources to Terrorists (2)
18:1512(k) Conspiracy to Obstruct Justice (4)

Disposition
Upon oral motion of the government; Count dismissed.
Upon oral motion of the government; Count dismissed.
Upon oral motion of the government; Count dismissed.

Highest Offense Level (Opening) Felony

Terminated Counts None

Disposition

Highest Offense Level (Terminated)
None

Complaints None

Disposition

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 5 of 34

Plaintiff United States of America

represented by Matthew W. Shepherd Office of the U.S. Attorney − Cleveland Northern District of Ohio Ste. 400 801 Superior Avenue, W Cleveland, OH 44113 216−622−3859 Fax: 216−522−2403 Email: matthew.shepherd@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Christos N. Georgalis_AUSA Former Assistant U.S. Attorney Northern District of Ohio Email: matthew.shepherd@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
David C. Smith Office oif the U.S. Attorney District of Kansas Ste. 360 500 State Avenue Kansas City, KS 913−551−6730 Fax: 913−551−6541 Email: david.smith5@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
Gregory R. Gonzalez U.S. Department of Justice 950 Pensylvania Avenue, NW Washington, DC 20530 202−514−4050 Email: gregory.gonzalez2@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained
Michael J. Freeman Office of the U.S. Attorney − Toledo Northern District of Ohio 3rd Floor 4 Seagate Toledo, OH 43604 419−259−6376 Fax: 419−259−6360 Email: michael.freeman2@usdoj.gov ATTORNEY TO BE NOTICED Designation: Retained

Date Filed 09/30/2015
09/30/2015

# Docket Text
1 UNSEALED INDICTMENT filed by USA as to Yahya Farooq Mohammad (1) count(s) 1, 2, 3, 4, Ibrahim Zubair Mohammad (2) count(s) 1, 2, 3, 4, Asif Ahmed Salim (3) count(s) 1, 2, 4, Sultane Roome Salim (4) count(s) 1, 2, 4. (Attachments: # 1 Designation Form and Signature Page) (H,SP) (Entered: 10/01/2015)
Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp II.

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 6 of 34

09/30/2015 09/30/2015 10/01/2015 10/15/2015 10/15/2015 11/05/2015 11/05/2015 11/05/2015 11/05/2015
11/05/2015 11/05/2015 11/06/2015 11/10/2015
11/12/2015

(H,SP) (Entered: 10/01/2015)
3 Motion to Seal Indictment filed by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (H,SP) (Entered: 10/01/2015)
4 Order granting USA's 3 Motion to Seal Indictment until the arrest of any defendant as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Magistrate Judge Nancy A. Vecchiarelli. (H,SP) (Entered: 10/01/2015)
CJA 20 Appointment of Attorney David Lee Klucas for Ibrahim Zubair Mohammad. Magistrate Judge James R. Knepp, II on 12/1/15. (A,P) Modified to change appointment date to 10/1/15 on 12/1/2015 (A,P). (Entered: 12/01/2015)
Attorney update in case as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Attorney David C. Smith,Greg Gonzalez for United States of America added. (M,L) (Entered: 10/15/2015)
Order [non−document] Referring Case to Magistrate Judge James R. Knepp, II as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (M,L) Modified text on 10/16/2015 (M,L). (Entered: 10/15/2015)
5 Order to Unseal Case as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)
Arrest of Sultane Roome Salim (4) on 11/5/15. (A,P) (Entered: 11/05/2015)
CJA 20 Appointment of Attorney Cherrefe A. Kadri for Sultane Roome Salim. Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)
Minutes of Arraignment [non−document] as to Sultane Roome Salim (4) Counts 1,2,4 held on 11/5/2015 before Magistrate Judge James R. Knepp, II. Matthew Shepherd, Christos Georgalis and Cherrefe Kadri present. Defendant executed financial affidavit but may retain counsel. Attorney Kadri is appointed conditionally to represent Defendant during arraignment and instructed to file financial affidavit if Defendant requests appointed counsel. NOT GUILTY plea entered as to Counts 1, 2 and 4. Pretrial Conference set for 12/22/2015 at 09:00 AM in Chambers 203 before Judge Jack Zouhary. The Court finds that the interest of justice served by granting this time outweigh the interest of the public and the defendant in obtaining a speedy trial such that the time is excluded from the Speedy Trial Act pursuant to 18 USC §3161(h). Government moves for detention and requests hearing. Defendant consents to detention at this time without prejudice. Defendant ordered detained. (Court Reporter: ECRO Jonathan Herr) Time: 25 minutes. (A,P) (Entered: 11/05/2015)
6 Order of Detention as to Sultane Roome Salim (4). Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)
Arrest of Ibrahim Zubair Mohammad (2) in Northern District of Texas (Fort Worth). (L,A) (Entered: 11/10/2015)
7 Arrest Warrant Returned Executed on 11/5/2015 in case as to Sultane Roome Salim (4). (M,L) (Entered: 11/06/2015)
8 Rule 5(c)(3) Documents Received via e−mail from the Northern District of Texas (Fort Worth) as to Ibrahim Zubair Mohammad (2). (Attachments: # 1 Order Appointing Public Defender, # 2 Government's Motion for Pretrial Detention, # 3 Waiver of Rule 5(c) Hearings, # 4 Waiver of Rule 5(c) Hearing)(L,A) (Entered: 11/10/2015)
Arrest of Yahya Farooq Mohammad (1), Asif Ahmed Salim (3) in Eastern District of Virginia (Alexandria). (M,L) Modified date on 11/23/2015 (M,L). (Entered: 11/23/2015)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 7 of 34

11/19/2015 11/23/2015
11/23/2015
11/23/2015 11/23/2015 11/23/2015 11/23/2015 11/23/2015
11/23/2015 11/23/2015 11/25/2015 11/25/2015

Notice [non−document] of Detention Hearing as to Sultane Roome Salim (4) set for 11/23/2015 11:00 AM in Courtroom 312 before Magistrate Judge James R. Knepp II. Counsel to notify client. (A,P) (Entered: 11/19/2015)
9 Rule 5(c)(3) Documents Received as to Yahya Farooq Mohammad (1) (Attachments: # 1 Arrest Warrant, # 2 Rule 5 Minutes EDVA, # 3 Order Scheduling Detention Hearing EDVA, # 4 Minutes of Detention Hearing 11−17−2015 EDVA, # 5 Order of Temporary Detention EDVA, # 6 Minutes of Detention Hearing 11−19−2015 EDVA, # 7 Waiver Rule 5 Hearing EDVA, # 8 Comittment to Another District EDVA)(M,L) (Entered: 11/23/2015)
10 Rule 5(c)(3) Documents Received as to Asif Ahmed Salim (3) (Attachments: # 1 Arrest Warrant EDVA, # 2 Minutes Rule 5 Hearing EDVA, # 3 Order Scheduling Detention Hearing EDVA, # 4 Minutes of Detention Hearing 11−17−2015 EDVA, # 5 Order of Temporary Detention EDVA, # 6 Minutes of Detention Hearing 11−19−2015 EDVA, # 7 Waiver of Rule 5 Hearing EDVA, # 8 Commitment to Another District EDVA)(M,L) (Entered: 11/23/2015)
11 Receipt for Passport of Mehreen Sultan received on 11/23/2015, Receipt Number 120. (L,A) (Entered: 11/23/2015)
12 Receipt for Passport of F. S. received on 11/23/2015, Receipt Number 121. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)
13 Receipt for Passport of Z. S. received on 11/23/2015, Receipt Number 122. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)
14 Receipt for Passport of A. S. received on 11/23/2015, Receipt Number 123. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)
Minutes of Detention Hearing [non−document] as to Sultane Roome Salim (4) held on 11/23/2015 before Magistrate Judge James R. Knepp, II. Matthew Shepherd, Christos Georgalis and Cherrefe Kadri present. Defendant requests that Attorney Kadri be appointed through detention hearing and executes financial affidavit. Attorney Kadri appointed. Testimony offered: Mehreen Sultan and Shakila Salim. Arguments heard. Bond set at $500,000 property bond. Defendant shall not be released from custody until Pretrial Services have notified Court of their approval of custodian's residence. (Court Reporter: ECRO Jonathan Herr) Time: 1 hour 20 minutes. (A,P) Modified on 11/23/2015 (A,P). (Entered: 11/23/2015)
15 CJA 23 Financial Affidavit by Sultane Roome Salim (4). Approved by Magistrate Judge James R. Knepp, II on 11/23/15. (A,P) (Entered: 11/23/2015)
24 Appearance Bond Entered as to Sultane Roome Salim (4) in amount of $500,000 secured. (Attachments: # 1 Redacted Conditions of Release, # 2 Appearance Bond Unredacted, # 3 Conditions of Release Unredacted)(A,P) (Entered: 12/03/2015)
CJA 20 Appointment of Attorney Neil S. McElroy for Yahya Farooq Mohammad and Charles E. Boyk for Asif Ahmed Salim. Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)
Minutes of Arraignment [non−document] as to Yahya Farooq Mohammad (1) Counts 1−4 and Asif Ahmed Salim (3) Counts 1,2,4 held on 11/25/2015 before Magistrate Judge James R. Knepp, II. Matthew Shepheard and Christos Georgalis present on behalf of Government. Neil McElroy present on behalf of Defendant Mohammad. Charles Boyk present on behalf of Defendant Salim. Financial affidavits executed. Counsel appointed to represent both Defendants. NOT GUILTY pleas entered by both Defendants as to ALL counts. Pretrial Conference set for 12/22/2015 at 09:00 AM in Courtroom 209 before Judge Jack Zouhary. The Court finds that the interest of justice served by granting this time outweigh the interest of the public and the defendant in obtaining a speedy trial such that the time is excluded from the Speedy Trial Act pursuant to 18 USC §3161(h). Government moves for detention. Defendants consent to detention without prejudice at this time. Defendants ordered detained. Defendant Mohammad does not request that Indian Consulate be notified of his arrest at this time. (Court Reporter: ECRO Jonathan Herr) Time: 35 minutes. (A,P)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 8 of 34

11/25/2015 11/25/2015 11/25/2015 11/25/2015 11/25/2015 12/01/2015
12/01/2015 12/01/2015 12/01/2015 12/01/2015 12/01/2015 12/15/2015 12/15/2015 12/15/2015
12/21/2015 12/21/2015

(Entered: 11/25/2015)
16 CJA 23 Financial Affidavit by Yahya Farooq Mohammad (1). Approved by Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)
17 CJA 23 Financial Affidavit by Asif Ahmed Salim (3). Approved by Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)
18 Order of Detention as to Yahya Farooq Mohammad (1). Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)
19 Order of Detention as to Asif Ahmed Salim (3). Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)
CJA 20 Appointment of Attorney Charles Boyk for Defendant Asif Ahmed Salim as of 11/25/15. Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 02/04/2016)
Minutes of Arraignment [non−document] as to Ibrahim Zubair Mohammad (2) Counts 1−4 held on 12/1/2015 before Magistrate Judge James R. Knepp, II. Matthew Shepherd and David Klucas present. Financial affidavit executed. Attorney Klucas is appointed to represent Defendant as of 10/1/15 per his request. NOT GUILTY plea entered as to Counts 1−4. Pretrial Conference set for 12/22/2015 at 09:00 AM in Courtroom 209 before Judge Jack Zouhary. The Court finds that the interest of justice served by granting this time outweigh the interest of the public and the defendant in obtaining a speedy trial such that the time is excluded from the Speedy Trial Act pursuant to 18 USC §3161(h). Government moves for detention. Defendant consents to detention without prejudice at this time. Defendant ordered detained. Defendant does not wish to have Indian Consulate notified. Referral to Magistrate Judge James R. Knepp, II terminated. (Court Reporter: ECRO Ann Lindstrand) Time: 20 minutes. (A,P) (Entered: 12/01/2015)
Case as to Yahya Farooq Mohammad (1), Asif Ahmed Salim (3), Sultane Roome Salim (4) no longer referred to Judge Knepp. (A,P) (Entered: 12/01/2015)
20 Order of Detention as to Ibrahim Zubair Mohammad (2). Magistrate Judge James R. Knepp, II on 12/1/15. (A,P) (Entered: 12/01/2015)
21 CJA 23 Financial Affidavit by Ibrahim Zubair Mohammad (2). Approved by Magistrate Judge James R. Knepp, II on 11/6/15. (A,P) (Entered: 12/01/2015)
22 Notice of Discovery Request as to Ibrahim Zubair Mohammad (2) (Klucas, David) (Entered: 12/01/2015)
23 Arrest Warrant Returned Executed on 11/5/2015 in case as to Sultane Roome Salim (4). (H,SP) (Entered: 12/02/2015)
Financial Transaction in the amount of $120.00 received for motion to appear pro hac vice by attorney Linda Moreno, Receipt # 14660082565 as to Asif Ahmed Salim (3). (C,BA) (Entered: 12/15/2015)
25 Motion for attorney Linda Moreno to Appear Pro Hac Vice, Filing fee $120, receipt number 14660082565, filed by Asif Ahmed Salim (3). (Attachments: # 1 Certificate of Standing) (H,SP) (Entered: 12/15/2015)
26 Marginal Entry Order granting 25 Motion to Appear Pro Hac Vice by Linda Moreno for Defendant Asif Ahmed Salim (3). Local Rule Criminal 49.2(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 12/15/2015. (Attachments: # 1 ACTL Code of Conduct) (D,L) (Entered: 12/15/2015)
27 Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 12/21/2015)
28 Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) (Entered: 12/21/2015)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 9 of 34

12/21/2015 12/21/2015 12/22/2015
12/23/2015 01/06/2016 01/11/2016 01/12/2016 01/19/2016 01/20/2016 01/20/2016
01/21/2016
01/21/2016
01/22/2016 02/05/2016

29 Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Asif Ahmed Salim (3) (Shepherd, Matthew) (Entered: 12/21/2015)
30 Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 12/21/2015)
31 Order of Pretrial Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 12/22/2015. The Government will continue to provide discovery to Defendants. Further pretrial conference is set for Tuesday, March 1, 2016 at 9:15 AM. Counsel should notify this Court in advance whether they plan to attend in person or by telephone and whether their client will waive appearance. Time until 3/1/2016 is excluded from the Speedy Trial Act as noted in Order. Judge Jack Zouhary on 12/22/2015. (Court Reporter: Tracy Spore) (30 mins)(D,L) (Entered: 12/22/2015)
32 Notice of Appearance of Attorney − John Czarnecki appearing for Yahya Farooq Mohammad (1) (Czarnecki, John) (Entered: 12/23/2015)
33 Notice of Recording of Appearance Bond as to Sultane Roome Salim (4) (Kadri, Cherrefe) (Entered: 01/06/2016)
CJA 20 as to Yahya Farooq Mohammad (1): Authorization to Pay Neil McElroy by Judge Jack Zouhary on 1/11/2016. (D,L) (Entered: 01/11/2016)
34 First Motion for Bond /Application for Release on Bail by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 01/12/2016)
Notice [non−document] of Hearing on 34 First Motion for Release as to Asif Ahmed Salim (3). Government's opposition due 1/20/2016. Motion Hearing set for 1/21/2016 at 2:30 PM in Courtroom 209 before Judge Jack Zouhary. Counsel reminded to report to Chambers at least 15 minutes prior to hearing. (D,L) (Entered: 01/19/2016)
35 Response by United States of America in opposition to Defendant's First Motion for Bond /Application for Release on Bail 34 as to Asif Ahmed Salim (3) (Attachments: # 1 Exhibit 1 − Department of Treasury Press Center)(Shepherd, Matthew) (Entered: 01/20/2016)
36 Motion for attorney Thomas Anthony Durkin to Appear Pro Hac Vice Filing fee $ 120, receipt number 0647−7444768, by Yahya Farooq Mohammad (1). (Attachments: # 1 Affidavit of Counsel, # 2 Exhibit Letter of Good Standing, # 3 Exhibit Certificate of Good Standing)(Durkin, Thomas) Modified text 1/21/2016 (C,KA). (Entered: 01/20/2016)
37 Marginal Entry Order granting 36 Motion to Appear Pro Hac Vice by Thomas A. Durkin for Defendant Yahya Farooq Mohammad (1). Local Rule Criminal 49.2(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 1/21/2016. (D,L) (Additional attachment(s) added on 1/21/2016: # 1 ACTL Code of Conduct) (D,L). (Entered: 01/21/2016)
38 Minutes of proceedings before Judge Jack Zouhary. Hearing on 34 Motion for Bond/Release as to Asif Ahmed Salim (3). Appearances: Defendant present with counsel Linda Moreno; Christos Georgalis for Government. Mark Miller and Jordon Spadafore for Pretrial Services. Defense counsel proffered on behalf of Farah Nizamuddin, Nikhat Nizamuddin, Shakila Salim, who were all present in Court. Testimony taken: James Smith. Defendant's Exhibit (employment records) admitted. Arguments heard. This Court takes this matter under advisement. Order to follow. (Court Reporter: Tracy McGurk)Time: 1 hour, 30 minutes. (D,L). (Additional attachment(s) added on 1/22/2016: # 1 Exhibit Employment Records) (D,L). (Entered: 01/21/2016)
39 Order of Detention as to Asif Ahmed Salim (3) denying 34 Defendant's Motion for Bond. See Order for details. Judge Jack Zouhary on 1/22/2016. (D,L) (Entered: 01/22/2016)
IMPORTANT: Notice [non−document] as to Sultane Roome Salim (4). Violation Hearing set for 2/5/2016 at 4:00 PM in Courtroom 209 before Judge Jack Zouhary. Counsel to report to Chambers at least 15 minutes prior to hearing.(D,L) (Entered:

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 10 of 34

02/05/2016 02/05/2016 02/05/2016
02/08/2016 02/15/2016 02/16/2016 02/18/2016 02/19/2016
02/19/2016 02/23/2016 02/23/2016
02/23/2016 02/29/2016

02/05/2016)
42 Arrest Warrant returned executed on 02/05/2016 in case as to Sultane Roome Salim (4). (H,JD) (Entered: 02/05/2016)
43 Receipt for Passport of Sultane Roome Salim received on 02/05/2016, Receipt Number 127. (H,JD) (Additional attachment(s) added on 2/9/2016: # 1 PS40 form) (H,JD). (Entered: 02/05/2016)
Minutes of proceedings [non−document] before Judge Jack Zouhary. Initial Appearance regarding Pretrial Release Violation held on 2/5/2016 as to Sultane Roome Salim (4). Appearances: Defendant present with counsel Cherrefe Kadri; Matt Shepherd for Government; Mark Miller for Pretrial Services. This matter is set for a violation hearing on Tuesday, 2/9/2016 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Defendant remanded to the custody of the U.S. Marshal. (Court Reporter: Angela Nixon) Time: 30 minutes. (D,L) (Entered: 02/05/2016)
Notice [non−document] as to Sultane Roome Salim (4). Violation Hearing set for 2/9/2015 at 1:30 PM vacated and reset for 2/19/2016 at 9:30 AM in Courtroom 209 before Judge Jack Zouhary. Counsel reminded to report to Chambers at least 15 minutes prior to hearing. (D,L) (Entered: 02/08/2016)
46 Motion for Release from Custody by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 02/15/2016)
48 Subpoena Returned Executed as to Sultane Roome Salim (4); served upon Fifth Third Bank on 2/8/2016. (Kadri, Cherrefe) (Entered: 02/16/2016)
49 Supplement Memorandum in Support to 46 Defendant's Motion for Release from Custody as to Ibrahim Zubair Mohammad (2) (Klucas, David) Modified text and added linkage on 2/19/2016 (M,L). (Entered: 02/18/2016)
Minutes of proceedings [non−document] before Judge Jack Zouhary. Hearing held on 2/19/2016 before Judge Jack Zouhary. Appearances: Defendant present with counsel Cherrefe Kadri; Matt Shepherd for Government; Mark Miller for Pretrial Services. Violation Hearing as to Sultane Roome Salim (4) continued to 2/23/2016 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Counsel reminded to report to Chambers at least 15 minutes prior to hearing. Defendant remanded to the custody of the U.S. Marshal. (Court Reporter: Tracy McGurk) Time: 30 minutes. (D,L) (Entered: 02/19/2016)
Notice of Hearing [non−document] regarding 46 Motion for Release from Custody as to Ibrahim Zubair Mohammad (2). Motion Hearing set for 3/1/2016 at 2:30 PM in Courtroom 209 before Judge Jack Zouhary. Counsel reminded to report to Chambers at least 15 minutes prior to hearing. (D,L) (Entered: 02/19/2016)
50 Response by United States of America in opposition to 46 Defendant's Motion for Release from Custody as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) (Entered: 02/23/2016)
51 Order regarding Pretrial Release Violation as to Sultane Roome Salim (4). Record hearing held on 2/23/2016. The 1/29/2016 violation (deviating from approved path of travel) was dismissed for reasons stated on the record. Defendant admitted to the 1/15/2016 violation of his pretrial release (remaining in parking lot for 20−25 minutes, without authorization). This Court found Defendant in violation, admonished Defendant to continue to maintain complete adherence to all conditions of his release, and continued his bond. All original terms and conditions of release remain in effect, with the added conditions of active GPS monitoring and computer/internet restrictions. The U.S. Marshal is ordered to release Defendant immediately. Judge Jack Zouhary on 2/23/2016. (45 mins)(D,L) (Entered: 02/23/2016)
52 Amended Order Setting Conditions of Release as to Sultane Roome Salim (4). Judge Jack Zouhary on 2/23/2016. (D,L) (Entered: 02/23/2016)
53 Motion for a Pretrial Conference Pursuant to 18 U.S.C. App. III (CIPA) Section 2 by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Shepherd, Matthew) (Entered: 02/29/2016)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 11 of 34

02/29/2016 02/29/2016 02/29/2016 03/01/2016
03/01/2016
03/03/2016 03/18/2016 03/21/2016 03/22/2016 03/22/2016 03/22/2016 03/31/2016 04/09/2016

54 Arrest Warrant Returned Executed on 11/5/2015 in case as to Ibrahim Zubair Mohammad (2). (H,SP) (Entered: 03/01/2016)
55 Arrest Warrant Returned Executed on 11/12/2015 in case as to Asif Ahmed Salim (3). (H,SP) (Entered: 03/01/2016)
56 Arrest Warrant Returned Executed on 11/12/2015 in case as to Yahya Farooq Mohammad (1). (H,SP) (Entered: 03/01/2016)
58 Minutes of proceedings [non−document] before Judge Jack Zouhary. Hearing on 46 Motion for Release from Custody as to Ibrahim Mohammad (2) held on 3/1/2016. Appearances: Defendant present with counsel David Klucas; Matthew Shepherd and Chris Georgalis for Government; Mark Miller for Pretrial Services. Testimony offered: Adbel Hasabelnaby; Omar Abu−Yasein; Rashid Jafri; Umaima Jafri. Defendant's Exhibits A−F admitted. Arguments heard. This Court takes this matter under advisement. Order to follow. (Court Reporter: Angela Nixon) Time: 2 hours, 45 minutes. (D,L). (Additional attachment(s) added on 3/2/2016: # 1 Exhibit A − Vogel Street Information, # 2 Exhibit B − Visa and Driver's License, # 3 Exhibit C − Citizenship Application, # 4 Exhibit D − Letters, # 5 Exhibit E − Umaima Birth Certificate, # 6 Exhibit F − Marriage Certificate) (D,L). Modified on 3/2/2016 (D,L). (Entered: 03/01/2016)
57 Order of Pretrial Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 3/1/2016. This Court grants 53 Government's Motion for a Pretrial Conference Pursuant to 18 U.S.C. App. III § 2 ("CIPA") and sets a conference for 5/4/2016 at 2:00 PM. All non−FISA Motions due by 5/9/2016; Responses due by 6/9/2016 or no later than 30 days after the filing of any Motion. Motion Hearing set for 6/28/2016 at 9:30 AM. All FISA Motions due by 6/1/2016; Responses due by 8/15/2016; Replies due by 9/30/2016. Firm Plea Deadline set for 11/15/2016 at 9:30 AM. Trial is set for January 2017, with a specific start date to be set in the future. This Court finds that the time period until 11/15/2016 is excluded from the Speedy Trial Act as noted in Order. Judge Jack Zouhary on 3/1/2016. (Court Reporter: Angela Nixon) (1 hr)(D,L) (Entered: 03/01/2016)
59 Order of Detention as to Ibrahim Zubair Mohammad (2). Defendant's Motion for Release from Custody 46 is denied. See Order for details. Judge Jack Zouhary on 3/3/2016. (D,L) (Entered: 03/03/2016)
60 WITHDRAWN PER ORDER 63 FILED ON 3/22/2016. Motion to Strike Surplusage by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified on 3/22/2016 to indicate incorrect case number appears on the pleading. Filer notified. (M,L). Modified on 3/22/2016 (D,L). (Entered: 03/18/2016)
61 WITHDRAWN PER ORDER 63 FILED ON 3/22/2016. Motion for Leave to File Motion for a Bill of Particulars by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified on 3/22/2016 to indicate incorrect case number appears on the pleading. Filer notified. (M,L). Modified on 3/22/2016 (D,L). (Entered: 03/21/2016)
62 Motion to Withdraw Document 60 and 61 by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 03/22/2016)
63 Marginal Entry Order granting 62 Motion to Withdraw Document 60 and 61 as to Ibrahim Zubair Mohammad (2). Judge Jack Zouhary on 3/22/2016. (D,L) (Entered: 03/22/2016)
65 Motion to Strike Surplusage from Indictment by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 03/22/2016)
66 Notice of related case. Case is related to 3:16−CV−780 .(Morford, James) (Entered: 03/31/2016)
67 Renewed Motion for Bond Pretrial Release by Asif Ahmed Salim (3) . (Attachments: # 1 Affidavit of Farah Nizamuddin, # 2 Affidavit of Nikhat Nizamuddin, # 3 Employment Documents)(Moreno, Linda) Modified text on 4/11/2016: Affidavits are unsigned. Filer notified. Affidavits to be refiled. (M,L). Modified to remove incorrect defendants on 4/14/2016 (M,L). (Entered: 04/09/2016)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 12 of 34

04/14/2016
04/21/2016 04/21/2016 04/26/2016
04/28/2016
04/28/2016 05/06/2016 05/09/2016 05/09/2016 05/09/2016 05/09/2016 05/09/2016 05/09/2016 05/09/2016 05/09/2016 05/09/2016 05/09/2016
05/09/2016

Notice [non−document] as to Asif Ahmed Salim (3). Motion Hearing re 67 Renewed Motion for Bond Pretrial Release set for 5/4/2016 at 3:00 PM in Courtroom 209 before Judge Jack Zouhary. Counsel reminded to report to Chambers at least 15 minutes prior to hearing.(D,L) (Entered: 04/14/2016)
69 Response by United States of America in opposition to Renewed Motion for Bond Pretrial Release 67 as to Asif Ahmed Salim (3) (Shepherd, Matthew) (Entered: 04/21/2016)
70 Response by United States of America in opposition to 65 Motion to Strike Surplusage from Indictment as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) Modified on 4/25/2016 (M,L). (Entered: 04/21/2016)
72 Supplement Signed and Redacted Affidavits and Medical Documents to 67 Renewed Motion for Bond Pretrial Release Asif Ahmed Salim (3) (Attachments: # 1 Farah Nizamuddin Affidavit Redacted, # 2 Nikhat Nizamuddin Affidavit Redacted, # 3 Redacted Employment Documents)(Moreno, Linda) Modified on text 4/27/2016 (M,L). (Entered: 04/26/2016)
Order [non−document] as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Due to a recent conflict on this Court's calendar, the CIPA Pretrial Conference and Defendant Asif Salim's Bond Hearing currently set for Wednesday, May 4, 2016 at 2:00 PM and 3:00 PM respectively, are VACATED and will be reset at a later date. Judge Jack Zouhary on 4/28/2016. (D,L) (Entered: 04/28/2016)
73 Motion to Modify Conditions of Release by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 04/28/2016)
75 Response by United States of America to Motion to Modify Conditions of Release 73 as to Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 05/06/2016)
76 Motion to Dismiss Counts 1 and 2 by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 05/09/2016)
77 Motion for Relief from Prejudicial Joinder by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 05/09/2016)
78 Motion to Sever Defendant by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 05/09/2016)
79 First Motion to Dismiss by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 05/09/2016)
80 Motion to Strike Prejudicial Surplusage by Asif Ahmed Salim (3). (Moreno, Linda) Modified text on 5/10/2016 (M,L). (Entered: 05/09/2016)
81 Motion for Preservation of Rough Notes and Logs by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)
82 Motion for Hearing Concerning Co−Conspirator Statements by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)
83 Motion to Expedite Return of Trial Subpoenas by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)
84 Motion to Inspect Grand Jury Minutes by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)
85 Motion for extension of time to file Additional Non−FISA Pretrial Motions & Motion for extension of time for the Filing of FISA Related or Other Foreign Intelligence Surveillance Motions by Yahya Farooq Mohammad (1). (Attachments: # 1 Notice of Intent to Use FISA Information, # 2 Exhibit 5.3.2016 Ltr to AUSA Shepherd)(Durkin, Thomas). Added second Motion for extension of time on 5/10/2016 (M,L). (Entered: 05/09/2016)
86 Motion to Produce 404(b) Material by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 13 of 34

05/10/2016 05/13/2016 05/13/2016 05/13/2016 05/13/2016 05/18/2016
05/25/2016 06/09/2016 06/09/2016 06/09/2016
06/09/2016 06/09/2016 06/09/2016 06/09/2016

87 Order granting in part 73 Motion to Modify Conditions of Release as to Sultane Roome Salim (4). See Order for details. Judge Jack Zouhary on 5/10/2016. (D,L) (Entered: 05/10/2016)
88 Reply to response to Motion to Strike Surplusage from Indictment 65 as to Ibrahim Zubair Mohammad (2) (Klucas, David) (Entered: 05/13/2016)
89 Motion for extension of time past FISA motion filing deadline of May 9, 2016 to file motions to strike surplusage and to sever by Sultane Roome Salim (4) (Kadri, Cherrefe) Modified text and filers on 5/13/2016 (M,L). (Entered: 05/13/2016)
90 Motion to Strike Surplusage by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 05/13/2016)
91 Motion to Sever Defendant by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 05/13/2016)
92 Order as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Defendant Sultane Salim's Motion to extend deadline for filing non−FISA motions 89 is granted. Defendant's motions due by May 25, 2016; response due by June 9, 2016. No replies unless requested by this Court. Counsel are reminded that a motion filed by one Defendant will be treated as a motion filed by all similarly situated Defendants. All pending non−FISA motions will be addressed during the Motion Hearing set for June 28, 2016 at 9:30 AM. Defendant Yahya Farooq Mohammad's Motion to extend the deadline for filing FISA motions 85 is granted. Counsel shall confer and propose a revised briefing schedule that allows enough time for this Court to rule on these motions prior to the firm plea deadline set for November 15, 2016. Judge Jack Zouhary on 5/18/2016. (D,L) (Entered: 05/18/2016)
93 Motion to Dismiss by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 05/25/2016)
94 Response by United States of America in opposition to 84 Motion to Inspect Grand Jury Minutes as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)
95 Response by United States of America to Defendants 76 79 and 93 Motions to Dismiss Counts 1 and 2 of the Indictment as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) Modified on 6/13/2016 to edit text (B,TM). (Entered: 06/09/2016)
96 Response by United States of America to Defendants 77 and 78 Motions for Relief from Prejudicial Joinder AND 91 Motion to Sever Defendant as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Shepherd, Matthew) Modified on 6/13/2016 to edit text (B,TM). (Entered: 06/09/2016)
97 Response by United States of America to Motion for Preservation of Rough Notes and Logs 81 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)
98 Response by United States of America to Motion to Produce 404(b) Material 86 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)
99 Response by United States of America to Motion to Expedite Return of Trial Subpoenas 83 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)
100 Response by United States of America to Defendants 80 and 90 Motions to Strike Surplusage, as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4)/ (Shepherd, Matthew) Modified on 6/13/2016 to edit text (B,TM). (Entered: 06/09/2016)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 14 of 34

06/09/2016 06/17/2016 06/22/2016
07/08/2016 07/12/2016 07/12/2016 07/12/2016 07/12/2016 07/29/2016
08/01/2016 08/01/2016 08/01/2016 08/02/2016 08/03/2016

101 Response by United States of America to Motion for Hearing Concerning Co−Conspirator Statements 82 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)
102 Partially Unopposed Motion to continue June 28, 2016 Hearing by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Georgalis, Christos) Modified text on 6/20/2016 (M,L). (Entered: 06/17/2016)
103 Order granting 102 Partially Unopposed Motion to continue June 28, 2016 Hearing as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). The hearing date of 6/28/2016 is vacated and reset for Wednesday, July 20, 2016 at 1:00 PM. Judge Jack Zouhary on 6/22/2016. (D,L) (Entered: 06/22/2016)
106 Motion for Status Pre−Trial by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 07/08/2016)
107 Order of Recusal as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). This case is returned to the Clerk for reassignment to another judge. Judge Jack Zouhary on 7/12/2016. (D,L) (Entered: 07/12/2016)
108 NOTICE of Designation of District Judge for Service in Another District Within Circuit as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Judge Edmund A. Sargus, Jr. is hereby designated. (D,L) (Entered: 07/12/2016)
109 Order of Reassignment as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). This case is returned to the Clerk for reassignment to Judge Edmund A. Sargus, Jr. for all further proceedings. Judge Jack Zouhary on 7/12/2016. (D,L) (Entered: 07/12/2016)
Judge update in case as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Edmund A. Sargus, Jr added. Judge Jack Zouhary no longer assigned to case. (M,L) (Entered: 07/12/2016)
110 Order: The Government shall have through 7/20/16 to provide Defendants its position on severance; Defendants shall have through 8/3/16 to supplement their non−FISA motions. Arraignment set for 8/10/16 at 10:30 AM for Yahya Farooq Mohammad in case 3:16cr222 with status conference to be held immediately following re: 3:15cr358 and 3:16cr222.Defendants shall have through 9/9/16 to submit FISA−related motions. Government shall have through 11/18/16 to respond and defendants shall have through 12/16/16 to reply. Judge Edmund A. Sargus, Jr on 7/29/16. (C,D) (Entered: 07/29/2016)
111 Unopposed Motion for leave to file under seal by Asif Ahmed Salim (3). (Moreno, Linda) Modified to remove not applicable co−defendants on 8/3/2016 (G,CA). (Entered: 08/01/2016)
112 Motion to Join Defendant Asif Salim's Motion to File Under Seal by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified text on 8/3/2016 (G,CA). (Entered: 08/01/2016)
113 Motion to Join Defendant Asif Salim's Motion to File Under Seal by Sultane Roome Salim (4). (Kadri, Cherrefe) Modified to remove not applicable co−defendants on 8/3/2016 (G,CA). (Entered: 08/01/2016)
114 Order. For good cause shown, Defendants' motions (ECF Nos. 111 , 112 & 113 ) are GRANTED. Defendants Asif Salim, Sultane Salim, and Ibrahim Mohammad may file supplements (and exhibits) to their non−FISA motions under seal. Judge Edmund A. Sargus, Jr. on 8/2/16. (G,CA) (Entered: 08/03/2016)
115 SEALED Motion to Sever 114 by Sultane Roome Salim (4). (Attachments: # 1 Exhibit Letter)(Kadri, Cherrefe) (Entered: 08/03/2016)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 15 of 34

08/03/2016 08/03/2016 08/03/2016 08/03/2016 08/04/2016 08/04/2016 08/11/2016
08/12/2016
08/16/2016
08/16/2016 08/16/2016
08/17/2016 08/17/2016 08/18/2016
08/24/2016
08/24/2016 08/24/2016

116 SEALED Motion to strike surplusage 114 by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 08/03/2016)
117 Motion to Produce Defendants Statements for Court Inspection by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 08/03/2016)
118 SEALED Document: 2nd Supplemental Memorandum in support of Motion to Strike Surplusage filed by Ibrahim Zubair Mohammad. Related document(s) 114 . (Klucas, David) (Entered: 08/03/2016)
119 SEALED Document: Supplemental Memorandum in support of Motion for Relief from Prejudicial Joinder filed by Ibrahim Zubair Mohammad. Related document(s) 114 . (Klucas, David) (Entered: 08/03/2016)
120 SEALED Motion Sever Defendant 114 by Asif Ahmed Salim (3). (Attachments: # 1 Exhibit Letter)(Moreno, Linda) (Entered: 08/04/2016)
121 Notice of Appointment of Classified Information Security Officer as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (W,LV) (Entered: 08/04/2016)
123 Minutes of proceedings [non−document] before Judge Edmund A. Sargus, Jr.Scheduling Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 8/11/2016. Counsel for all parties present. Trial Order to follow.(Court Reporter: Angela Nixon) Time: 11:00 am. (W,LV) (Entered: 08/11/2016)
124 Scheduling Order as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) Jury Trial set for 3/20/2017 at 09:00 AM in Courtroom 204 before Judge Edmund A. Sargus Jr. Signed by Judge Edmund A. Sargus, Jr on 8/12/16. (W,LV) (Entered: 08/12/2016)
125 Motion for Protective Order by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Attachments: # 1 Proposed Order)(Shepherd, Matthew) (Entered: 08/16/2016)
126 Order granting 125 Motion for Protective Order as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Judge Edmund A. Sargus, Jr on 8/16/16. (W,LV) (Entered: 08/16/2016)
127 Order requiring defense counsel to undergo screening for issuance of security clearance as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Judge Edmund A. Sargus, Jr on 8/16/16. (W,LV) (Entered: 08/16/2016)
128 Non−Appeal Transcript Request by Ibrahim Zubair Mohammad (2) for proceedings held on 8/10/2016 before Judge Edmund Sargus. Court Reporter: Angela Nixon. Requested completion date: 9/17/2016 (Klucas, David) (Entered: 08/17/2016)
129 Unopposed Motion for Joinder by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 08/17/2016)
130 Order granting 129 Motion for Joinder 117 Motion to Produce Defendants Statements for Court Inspection, 115 SEALED Motion to Sever 114 , 116 SEALED Motion to strike surplusage 114 joined by Asif Ahmed Salim (3). as to Asif Ahmed Salim (3). Judge Edmund A. Sargus, Jr on 8/18/16. (W,LV) (Entered: 08/18/2016)
131 Motion to Compel Notice and Additional Discovery Regarding Surveillance Techniques by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit A − Def. Discovery Letter dated May 3, 2016, # 2 Exhibit B − Redacted Govt. Response to Discovery Letter dated July 20, 2016)(Durkin, Thomas) (Entered: 08/24/2016)
132 SEALED Motion for Severance from Prejudicial Joinder 114 , 126 by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 08/24/2016)
133 Motion to Compel Discovery Concerning Sources of Terrorism Related Funding, Motion for extension of time until September 2, 2016 to file Memorandum in Support Thereof by Yahya Farooq Mohammad (1). (Attachments: # 1 Errata A − Def.

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 16 of 34

09/01/2016 09/13/2016 09/13/2016 09/13/2016 09/13/2016 09/13/2016 09/16/2016
09/16/2016 09/27/2016 09/28/2016 09/28/2016 09/29/2016 09/30/2016 09/30/2016
09/30/2016

Discovery Letter dated May 3, 2016, # 2 Exhibit B − Redacted Govt. Response to Discovery Letter dated July 20, 2016)(Durkin, Thomas) (Entered: 08/24/2016)
134 Unopposed Motion for extension of time until 9/30/2016 to file Memorandum in Support of Defendants Motion for Discovery Concerning Terrorism Related Funding, by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 09/01/2016)
135 Motion to File Government's Response in Opposition Under Seal by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Georgalis, Christos) (Entered: 09/13/2016)
136 Order granting 134 Motion for Extension of Time to File Memorandum in Support of Motion to Compel as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 9/13/16. (W,LV) (Entered: 09/13/2016)
137 Response by United States of America in opposition to Motion to Compel Notice and Additional Discovery Regarding Surveillance Techniques 131 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Georgalis, Christos) (Entered: 09/13/2016)
138 Order granting 135 Motion to file response under seal as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Judge Edmund A. Sargus, Jr on 9/13/16. (W,LV) (Entered: 09/13/2016)
139 SEALED Document: Government's Consolidated Response in Opposition to Defendants' Supplemental Motions for Severance and Relief from Prejudicial Joinder [ECF 115, 118, 120, and 132] filed by United States of America. Related document(s) 138 . (Georgalis, Christos) (Entered: 09/13/2016)
140 Supplemental Motion for Disclosure Related to the FISA Amendments Act (FAA) by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit Ex A − 2015 NSA Minimization Procedures, # 2 Exhibit Ex B − 2015 CIA Minimization Procedures, # 3 Exhibit Ex C − 2015 FBI Minimization Procedures, # 4 Exhibit Ex D − 2015 NCTC Minimization Procedures, # 5 Exhibit Ex E − FISC Opinion 11.6.15, # 6 Exhibit Ex F − Dkt 109 US v Mohamud)(Durkin, Thomas) (Entered: 09/16/2016)
141 Notice of Appearance of Attorney − Robin V. Waters appearing for Yahya Farooq Mohammad (1) (Waters, Robin) (Entered: 09/16/2016)
142 Motion to Join Motions of Co−Defendants by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 09/27/2016)
143 Motion for Joinder by Asif Ahmed Salim (3) as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Moreno, Linda) (Entered: 09/28/2016)
144 Unopposed Motion for extension of time until 10/07/2016 to file FISA Motions by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 09/28/2016)
145 Motion Adopt Motions of Co−Defendants by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 09/29/2016)
146 Motion to Suppress Evidence Obtained or Derived from Warrantless Surveillance Under Section 702 Of FISA by Yahya Farooq Mohammad (1) as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Durkin, Thomas) (Entered: 09/30/2016)
147 Pretrial Memorandum in Support of Defendant Yahya Farooq Mohammads Motion to Suppress Evidence Obtained or Derived From Warrantless Surveillance Under Section 702 Of FISA (Dkt. #146) by Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Durkin, Thomas) (Entered: 09/30/2016)
148 Motion for Disclosure of FISA−Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering by Yahya Farooq Mohammad (1) as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2),

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 17 of 34

09/30/2016
09/30/2016
09/30/2016 09/30/2016 10/04/2016 10/06/2016
10/07/2016 10/07/2016 10/07/2016 10/14/2016 10/14/2016 10/16/2016 10/19/2016 10/28/2016 10/28/2016

Asif Ahmed Salim (3), Sultane Roome Salim (4). (Durkin, Thomas) (Entered: 09/30/2016)
149 Pretrial Memorandum in Support of Defendant Yahya Farooq Mohammads Motion for Disclosure of FISA−Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering (Dkt. #148) by Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Durkin, Thomas) (Entered: 09/30/2016)
150 Pretrial Memorandum in Support of Defendant Yahya Farooq Mohammads Motion for Disclosure of FISA−Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering (Dkt. #148) (Errata) by Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Durkin, Thomas) (Entered: 09/30/2016)
151 Pretrial Memorandum in Support of Defendant Yahya Farooq Mohammad's Motion for Discovery Concerning Sources of Terrorism Related Funding (Dkt. 133) by Yahya Farooq Mohammad (1) (Attachments: # 1 Exhibit A − Abdulmutallab, Govt. Sentencing Memo)(Durkin, Thomas) (Entered: 09/30/2016)
152 Order granting 144 Motion for Extension of Time to File His FISA motions as to Ibrahim Zubair Mohammad (2). Judge Edmund A. Sargus, Jr on 9/30/16. (W,LV) (Entered: 09/30/2016)
153 Order Defendants' motions to join [142,143,145] are GRANTED. Judge Edmund A. Sargus, Jr on 10/4/16. (W,LV) (Entered: 10/04/2016)
154 FILING ERROR. SEALED Transcript of Pre−Trial Hearing as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on August 10, 2016 before Judge Edmund A. Sargus. Court reporter: Angela Nixon. [50 pages] (N,A) Per court reporter, marked filing error and NEF regenerated. Corrected transcript to be filed . (S,HR). (Entered: 10/06/2016)
155 Second Motion to Join Co−Defendant Motions and Additional Supporting Memorandum by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 10/07/2016)
156 Motion to Suppress by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 10/07/2016)
157 Motion to continue Deadline by Asif Ahmed Salim (3) as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Moreno, Linda) (Entered: 10/07/2016)
158 Order granting 155 Motion to join the motions and memoranda of his co−defendant Yahya Farooq Mohammad as to Ibrahim Zubair Mohammad (2). Judge Edmund A. Sargus, Jr on 10/14/16. (W,LV) (Entered: 10/14/2016)
159 Order granting 157 Motion to Continue the deadline for filing FISA motions as to Asif Ahmed Salim (3). Judge Edmund A. Sargus, Jr on 10/14/16. (W,LV) (Entered: 10/14/2016)
160 Motion for Joinder by Asif Ahmed Salim (3) as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Moreno, Linda) (Entered: 10/16/2016)
161 Order granting 160 Motion for Joinder as to Asif Ahmed Salim (3). Judge Edmund A. Sargus, Jr on 10/19/16. (W,LV) (Entered: 10/19/2016)
162 Non−Appeal Transcript Request by Ibrahim Zubair Mohammad (2) for proceedings held on 3/1/2016 before Judge Zouhary. Court Reporter: Angela Nixon. Requested completion date: 11/28/2016 (Klucas, David) (Entered: 10/28/2016)
163 Motion Defendant Yahya Farooq Mohammad's Attorneys' Motion to Enforce Detention Order of November 25, 2015, Regarding Attorney Consultation; And to Enjoin the Government From Requiring Attorney Affirmations of Special Administrative Measures As A Precondition of Any Attorney/Client Matters Involving

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 18 of 34

10/28/2016 11/16/2016
11/16/2016 11/16/2016 11/17/2016 11/18/2016 11/18/2016
11/18/2016 11/18/2016 11/21/2016 11/21/2016 11/22/2016 11/28/2016 11/30/2016

Representation of Defendant by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit Exhibit A Placeholder (filed under seal), # 2 Exhibit B − 10/13/16 Email with Govt., # 3 Exhibit C − 4/17/03 Minute Order U.S. v. Hale, 03 CR 11 (N.D. Ill.))(Durkin, Thomas) (Entered: 10/28/2016)
164 SEALED Document: filed by Yahya Farooq Mohammad. Related document(s) 126 , 163 . (Durkin, Thomas) (Entered: 10/28/2016)
165 Response by United States of America in opposition to Motion Defendant Yahya Farooq Mohammad's Attorneys' Motion to Enforce Detention Order of November 25, 2015, Regarding Attorney Consultation; And to Enjoin the Government From Requiring Attorney Affirmations of Special Administrative M 163 as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 11/16/2016)
166 Response by United States of America in opposition to Motion to Compel Discovery Concerning Sources of Terrorism Related Funding Motion for extension of time until September 2, 2016 to file Memorandum in Support Thereof 133 as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 11/16/2016)
167 Notice of Objection to Exclusion of Speedy Trial Time as to Ibrahim Zubair Mohammad (2) (Klucas, David) (Entered: 11/16/2016)
168 Order as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4)Parties request for an extension of time for the submission of CIPA−related motions is GRANTED.. Judge Edmund A. Sargus, Jr on 11/17/16. (W,LV) (Entered: 11/17/2016)
169 Order as to Yahya Farooq Mohammad (1) GRANTING re 165 Response (the Court will treat this document as a Motion to File It's Response to Defendants Motion to Enforce Detention Under Seal 163 filed by United States of America. Judge Edmund A. Sargus, Jr on 11/17/16. (W,LV) (Entered: 11/18/2016)
170 SEALED Document: Government's Response in Opposition to Defendant Yahya Farooq Mohammad's Motion to Enforce Detention Order and Enjoin Government From Requiring Attorney Affirmations filed by United States of America. Related document(s) 169 . (Attachments: # 1 Exhibit A − SAMs Order, # 2 Exhibit B − Affirmation)(Shepherd, Matthew) (Entered: 11/18/2016)
171 Motion for Leave to File Under Seal by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 11/18/2016)
172 Notice of Filing Under CIPA as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 11/18/2016)
173 SEALED Transcript of Sealed Pre−trial hearing as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on March 1, 2016 before Judge Jack Zouhary. Court reporter: Angela Nixon. [17 pages] (N,A) (Entered: 11/21/2016)
174 SEALED Transcript of Bond Hearing as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on March 1, 2016 before Judge Jack Zouhary. Court reporter: Angela Nixon. [136 pages] (N,A) (Entered: 11/21/2016)
175 Order granting 171 Motion for Leave to File Document Under Seal as to Ibrahim Zubair Mohammad (2). Judge Edmund A. Sargus, Jr on 11/22/16. (W,LV) (Entered: 11/22/2016)
176 SEALED Motion to Supplement Stage 1 Budget 175 by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 11/28/2016)
177 Reply to response to Motion Defendant Yahya Farooq Mohammad's Attorneys' Motion to Enforce Detention Order of November 25, 2015, Regarding Attorney Consultation; And to Enjoin the Government From Requiring Attorney Affirmations of Special Administrative M 163 as to Yahya Farooq Mohammad (1) (Durkin, Thomas) (Entered: 11/30/2016)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 19 of 34

11/30/2016 11/30/2016 11/30/2016 12/01/2016 12/03/2016 12/03/2016 12/05/2016 12/05/2016 12/06/2016 12/07/2016 12/08/2016 12/20/2016 12/23/2016 12/23/2016
12/23/2016
12/23/2016

178 Response as to Yahya Farooq Mohammad (1) re 172 Notice (Other) (Durkin, Thomas) (Entered: 11/30/2016)
179 Response as to Sultane Roome Salim (4) re 172 Notice (Other) (Kadri, Cherrefe) (Entered: 11/30/2016)
180 Response by Asif Ahmed Salim (3) in opposition to Motion for Joinder 160 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Moreno, Linda) (Entered: 11/30/2016)
181 Order granting 176 Sealed Motion as to Ibrahim Zubair Mohammad (2). Judge Edmund A. Sargus, Jr on 11/30/16. (W,LV) (Entered: 12/01/2016)
182 Motion for Leave to File Supplement Under Seal by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 12/03/2016)
183 Motion to Join Responses of Co−Defendants by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 12/03/2016)
184 Order granting 182 Motion for Leave to File Transcript Under Seal as to Ibrahim Zubair Mohammad (2). Judge Edmund A. Sargus, Jr on 12/5/16. (W,LV) (Entered: 12/05/2016)
185 Order granting 183 Motion to join responses as to Ibrahim Zubair Mohammad (2). Judge Edmund A. Sargus, Jr on 12/5/16. (W,LV) (Entered: 12/05/2016)
186 SEALED Document: Hearing Transcript filed by Ibrahim Zubair Mohammad. Related document(s) 184 . (Klucas, David) (Entered: 12/06/2016)
187 Motion for Extension of Time to File Response/Reply by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Shepherd, Matthew) (Entered: 12/07/2016)
188 Order granting 187 Motion for Extension of Time to File Response/Reply until 12/23/16. Replies due 1/27/17 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Judge Edmund A. Sargus, Jr on 12/8/16. (W,LV) (Entered: 12/08/2016)
189 SEALED Transcript of Pre−trial Hearing as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on August 10, 2016 before Judge Edmund A. Sargus. Court reporter: Angela Nixon. [50 pages] (N,A) (Entered: 12/20/2016)
190 Notice of Declaration and Claim of Privilege of the Attorney General of the United States as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Gonzalez, Gregory) (Entered: 12/23/2016)
191 Response by United States of America in opposition to Motion for Joinder 143 , Motion to Join Motions of Co−Defendants 142 , Motion to Suppress Evidence Obtained or Derived from Warrantless Surveillance Under Section 702 Of FISA 146 , Supplemental Motion for Disclosure Related to the FISA Amendments Act (FAA) 140 , Motion Adopt Motions of Co−Defendants 145 , Motion for Joinder 160 , Second Motion to Join Co−Defendant Motions and Additional Supporting Memorandum 155 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Gonzalez, Gregory) (Entered: 12/23/2016)
192 Response by United States of America in opposition to Motion to Suppress 156 , Motion for Disclosure of FISA−Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering 148 , Motion for Joinder 160 , Second Motion to Join Co−Defendant Motions and Additional Supporting Memorandum 155 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Gonzalez, Gregory) (Entered: 12/23/2016)
193 Motion to continue trial by Sultane Roome Salim (4). (Attachments: # 1 Exhibit motion to continue 16 case)(Kadri, Cherrefe) (Entered: 12/23/2016)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 20 of 34

01/03/2017 01/09/2017 01/09/2017 01/18/2017 01/20/2017 01/26/2017 01/26/2017
01/27/2017 02/01/2017 02/03/2017 02/03/2017 02/09/2017 02/09/2017
02/09/2017
02/13/2017

194 Order denying 163 Motion to Enforce Detention Order as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 1/3/17. (W,LV) (Entered: 01/03/2017)
195 Scheduling Order as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) Jury Trial set for 6/26/2017 at 09:00 AM in Chambers 222 (Toledo) before Judge Edmund A. Sargus Jr.. Judge Edmund A. Sargus, Jr on 1/19/17. (W,LV) (Entered: 01/09/2017)
196 Minutes of proceedings [non−document] before Judge Edmund A. Sargus, Jr.Telephone Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 1/9/2017 (Court Reporter: Darla Coulter) Time: 3:00 pm. (W,LV) (Entered: 01/09/2017)
197 Transcript of Telephone Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 1/6/17 before Judge Sargus. To obtain a bound copy of this transcript please contact Darla Coulter 614−719−3425 (W,LV) (Entered: 01/18/2017)
198 Notice as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) Regarding the Special Administrative Procedures (SAMs) Attorney Affirmations (Durkin, Thomas) (Entered: 01/20/2017)
199 Response as to Sultane Roome Salim (4) re 191 Response in Opposition,, (Kadri, Cherrefe) (Entered: 01/26/2017)
200 Unopposed Motion for Extension of Time to File Response/Reply as to 146 Motion to Suppress Evidence Obtained or Derived from Warrantless Surveillance Under Section 702 Of FISA, 148 Motion for Disclosure of FISA−Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering ; AND Motion to Adopt Defendant Sultane Salim's FISA Reply (Dkt. 199) by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 01/26/2017)
201 Motion for Extension of Time to File Response/Reply by Asif Ahmed Salim (3) as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Moreno, Linda) (Entered: 01/27/2017)
202 Motion to Join Co−Defendant Motions and Response by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 02/01/2017)
203 Order granting 201 Motion for Extension of Time to File Response/Reply as to Asif Ahmed Salim (3). Judge Edmund A. Sargus, Jr on 2/1/17. (W,LV) (Entered: 02/03/2017)
204 Order granting 202 Motion for continuance and adopt his co−defendants' motions as to Ibrahim Zubair Mohammad (2). Judge Edmund A. Sargus, Jr on 2/2/17. (W,LV) (Entered: 02/03/2017)
205 Non−Appeal Transcript Request by United States of America as to Ibrahim Zubair Mohammad (2) for proceedings held on 3/1/2016 before Judge Zouhary. Court Reporter: Angela Nixon. Requested completion date: 2/28/2017 (Georgalis, Christos) (Entered: 02/09/2017)
206 Non−Appeal Transcript Request by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) for proceedings held on 11/23/2015 before Judge James R. Knepp, II. Court Reporter: Tracy McGurk. Requested completion date: 2/28/2017 (Georgalis, Christos) (Entered: 02/09/2017)
207 Non−Appeal Transcript Request by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) for proceedings held on 1/21/2016 before Judge Zack Zouhary. Court Reporter: Tracy McGurk. Requested completion date: 2/28/2017 (Georgalis, Christos) (Entered: 02/09/2017)
208 Reply by Yahya Farooq Mohammad (1) to response to Motion to Suppress Evidence Obtained or Derived from Warrantless Surveillance Under Section 702 Of FISA 146 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 21 of 34

02/13/2017
02/16/2017 02/16/2017 02/16/2017 02/28/2017
02/28/2017
03/13/2017 03/15/2017 03/20/2017 04/19/2017 04/21/2017 04/26/2017

Salim (3), Sultane Roome Salim (4) (Attachments: # 1 Exhibit A)(Durkin, Thomas) (Entered: 02/13/2017)
209 Reply by Yahya Farooq Mohammad (1) to response to Motion for Disclosure of FISA−Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering 148 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Durkin, Thomas) (Entered: 02/13/2017)
210 Scheduling Order as to Yahya Farooq Mohammad (1: Jury Trial set for 6/26/2017 at 09:00 AM in Chambers 222 (Toledo) before Judge Edmund A. Sargus Jr. Pretrial Motions due by 4/26/2017.Signed by Judge Edmund A. Sargus, Jr on 2/15/2017. (S,Ma) (Entered: 02/16/2017)
211 Scheduling Order as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4): Jury Trial set for 8/21/2017 at 09:00 AM in Chambers 222 (Toledo) before Judge Edmund A. Sargus Jr. Pretrial Motions due by 5/21/2017.Signed by Judge Edmund A. Sargus, Jr. on 2/15/2017. (S,Ma) (Entered: 02/16/2017)
212 Order as to Yahya Farooq Mohammad (1)re: SAM Requirements. Signed by Judge Edmund A. Sargus, Jr on 2/15/2017. (S,Ma) (Entered: 02/16/2017)
213 Transcript of Detention Hearing Proceedings as to Sultane Roome Salim (4) held on 11/23/15 before Judge James R. Knepp, II. To obtain a bound copy of this transcript please contact court reporter Tracy McGurk at 419−213−5520. [72 pages] Related Document 206 Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/7/2017. Redaction Request due 3/21/2017. Redacted Transcript Deadline set for 3/31/2017. Release of Transcript Restriction set for 5/29/2017. (M,Tl) (Entered: 02/28/2017)
214 Transcript of Detention Hearing Proceedings as to Asif Ahmed Salim (3) held on 1/21/16 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy McGurk at 419−213−5520. [48 pages] Related Document 207 Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/7/2017. Redaction Request due 3/21/2017. Redacted Transcript Deadline set for 3/31/2017. Release of Transcript Restriction set for 5/29/2017. (M,Tl) (Entered: 02/28/2017)
215 Second Motion for Release from Custody by Ibrahim Zubair Mohammad (2). (Attachments: # 1 Exhibit Letters of Support)(Klucas, David) (Entered: 03/13/2017)
216 Order as to Yahya Farooq Mohammad (1) re: Speedy Trial. Judge Edmund A. Sargus, Jr on 3/15/2017. (S,Ma) (Entered: 03/15/2017)
217 Response by United States of America in opposition to Second Motion for Release from Custody 215 as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) (Entered: 03/20/2017)
220 Non−Appeal Transcript Request by Sultane Roome Salim (4) for proceedings held on 11/23/2015 before Judge Knepp. Court Reporter: Tracy McGurk. Requested completion date: 4/21/2017 (Kadri, Cherrefe) (Entered: 04/19/2017)
221 Order granting 81 Motion for Preservation of Rough Notes and Logs as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 4/21/2017. (S,Ma) (Entered: 04/21/2017)
222 Motion in Limine by United States of America as to Yahya Farooq Mohammad (1). (Shepherd, Matthew) (Entered: 04/26/2017)

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04/26/2017 04/26/2017
04/26/2017 04/26/2017 04/26/2017 05/11/2017
05/11/2017 05/12/2017 05/17/2017 05/18/2017 05/19/2017 05/22/2017 05/26/2017
05/27/2017 05/27/2017
05/30/2017 05/31/2017

223 Motion for Bill of Particulars by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 04/26/2017)
224 Motion to Suppress Defendant Yahya Farooq Mohammad's Motion to Suppress Statements Made in Violation of the Sixth Amendment Right to Counsel and the Principles Enunciated in Massiah v. United States by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Durkin, Thomas) (Entered: 04/26/2017)
225 Motion Defendant Yahya Farooq Mohammad's Motion for Defense Immunity; or in the Alternative, for the Missing Witness Instruction by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit (filed under seal))(Durkin, Thomas) (Entered: 04/26/2017)
226 SEALED Document: filed by Yahya Farooq Mohammad. Related document(s) 126 , 225 . (Durkin, Thomas) (Entered: 04/26/2017)
227 Motion for Leave to File Defendant Yahya Farooq Mohammad's Motion for Leave to File Additional Pretrial Motions by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 04/26/2017)
228 Opinion and Order denying 76 Motion to Dismiss as to Ibrahim Zubair Mohammad (2); denying 79 Motion to Dismiss as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4); denying 93 Motion to Dismiss as to Asif Ahmed Salim (3), Sultane Roome Salim (4). Judge Edmund A. Sargus, Jr on 5/11/2017. (S,Ma) (Entered: 05/11/2017)
229 Opinion and Order denying 84 Motion to Inspect as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 5/11/2017. (S,Ma) (Entered: 05/11/2017)
230 Order denying as moot 132 Sealed Motion for Severance as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 5/11/2017. (S,Ma) (Entered: 05/12/2017)
231 Motion to continue Deadline Pretrial Motions by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 05/17/2017)
232 Order Memorializing 5/17/17 Telephonic Status Conference as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 5/17/2017. (S,Ma) (Entered: 05/18/2017)
233 Order granting in part 231 Defendant Asif Salim's (3) Motion to Continue Pretrial Motion Deadline. Asif Salim's Motions now due by 5/31/2017. Judge Edmund A. Sargus, Jr on 5/19/2017. (D,L) (Entered: 05/19/2017)
234 Motion for Attorney Conducted Individual Voir Dire and a Juror Questionnaire by Ibrahim Zubair Mohammad (2). (Attachments: # 1 Exhibit A− Proposed Juror Questionnaire)(Klucas, David) (Entered: 05/22/2017)
235 Order granting Defendant Yahya Farooq Mohammad's (1) Motion to Expedite Return of Trial Subpoenas 83 . The return date for trial subpoenas is June 26, 2017. The parties shall timely produce to each other any documents obtained through the subpoenas. Judge Edmund A. Sargus, Jr on 5/26/2017. (D,L) (Entered: 05/26/2017)
236 Response by United States of America in opposition to Motion for Bill of Particulars 223 as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 05/27/2017)
237 Response by United States of America to Motion to Suppress Defendant Yahya Farooq Mohammad's Motion to Suppress Statements Made in Violation of the Sixth Amendment Right to Counsel and the Principles Enunciated in Massiah v. United States 224 as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 05/27/2017)
239 Motion for Joinder Supplement Juror Questionnaire by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 05/30/2017)
240 Opinion and Order as to Ibrahim Zubair Mohammad (2) denying 215 Second Motion for Release from Custody. Judge Edmund A. Sargus, Jr on 5/31/2017. (D,L) (Entered: 05/31/2017)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 23 of 34

06/01/2017 06/06/2017 06/06/2017 06/08/2017 06/09/2017 06/11/2017 06/11/2017 06/11/2017 06/13/2017 06/16/2017
07/07/2017 07/10/2017 07/10/2017
07/18/2017
07/18/2017 07/19/2017

241 Opinion and Order granting in part and denying in part 86 Motion to Produce as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 5/31/2017. (S,Ma) (Entered: 06/01/2017)
242 Opinion and Order granting in part and denying in part 133 Motion to Compel Discovery as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 6/6/2017. (S,Ma) (Entered: 06/06/2017)
243 Opinion and Order granting in part and denying in part 224 Motion to Suppress Statements Made in Violation of the Sixth Amendment as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 6/6/2017. (S,Ma) (Entered: 06/06/2017)
244 Opinion and Order denying 225 Motion for Defense Witness Immunity as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 6/8/2017. (S,Ma) (Entered: 06/08/2017)
245 Opinion and Order granting in part and denying in part 82 Motion for Hearing as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 6/9/2017. (S,Ma) (Entered: 06/09/2017)
246 Motion to continue Trial Date Defendant's Motion to Continue Trial Date by Yahya Farooq Mohammad (1). (Attachments: # 1 Exhibit A − Filed Under Seal, # 2 Exhibit B − Filed Under Seal)(Durkin, Thomas) (Entered: 06/11/2017)
247 SEALED Document: filed by Yahya Farooq Mohammad. Related document(s) 126 , 246 . (Durkin, Thomas) (Entered: 06/11/2017)
248 SEALED Document: filed by Yahya Farooq Mohammad. Related document(s) 126 , 247 . (Durkin, Thomas) (Entered: 06/11/2017)
249 Opinion and Order granting the Government's 172 Motion for a Protective Order under CIPA § 4 and Federal Rule of Criminal Procedure 16(d)(1) as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 6/13/2017. (S,Ma) (Entered: 06/13/2017)
250 Order Memorializing 6/15/2017 Telephone Conference and Resetting Trial Dates as to Yahya Farooq Mohammad (1). Jury Trial set for 7/24/2017 at 09:00 AM in Toledo before Judge Edmund A. Sargus Jr., Final Pretrial Conference set for 7/12/2017 at 10:30 AM in Toledo before Judge Edmund A. Sargus Jr. Judge Edmund A. Sargus, Jr on 6/16/2017. (S,Ma) (Entered: 06/16/2017)
253 DESIGNATION of District Judge for Service in Another District Within his Circuit as to Yahya Farooq Mohammad (1). Judge R. Guy Cole, Jr on 7/07/2017. (S,Ma) (Entered: 07/17/2017)
251 Plea Agreement as to Yahya Farooq Mohammad (1). (Attachments: # 1 Addendum)(S,Ma) (Entered: 07/11/2017)
252 Minutes of proceedings before Judge Edmund A. Sargus, Jr. Change of Plea Hearing as to Yahya Farooq Mohammad (1) held on 7/10/2017 Guilty Plea entered by Yahya Farooq Mohammad (1) as to Count 1 of the Indictment (and to Count 2 of the Indictment in case 3:16−cr−222) with referral to Probation for preparation of a Presentence Investigation Report.(Court Reporter: Darla Coulter) Time: 10:40 am − 11:14 am. (S,Ma) (Entered: 07/11/2017)
254 Order that the designation of district judge for service in another district as to defendants Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), and Sultane Roome Salim (4) is terminated and shall be reassigned to Judge Jeffrey J. Helmick. Chief Judge R. Guy Cole, Jr., United States Court of Appeals for the Sixth Circuit, on 7/7/2017. (S,He) (Entered: 07/18/2017)
Judge update in case as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Judge Jeffrey J. Helmick added. Judge Edmund A. Sargus, Jr. no longer assigned to case as to these defendants. (S,He) (Entered: 07/18/2017)
255 Notice of Appearance of Attorney Michael J. Freeman appearing for USA. (Freeman, Michael) (Entered: 07/19/2017)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 24 of 34

07/26/2017 07/28/2017 08/02/2017 08/16/2017
08/24/2017 09/06/2017
09/06/2017
09/08/2017 09/13/2017 09/13/2017 09/18/2017

Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Telephone Conference set for 7/27/2017 at 01:30 PM in before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877−411−9748, access code 1231873.(S,AL) (Entered: 07/26/2017)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick.Telephone Conference as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4) held on 7/27/2017. Pretrial Conference set for 8/30/2017 at 01:30 PM in Courtroom 204 before Judge Jeffrey J. Helmick. Counsel and clients to be present in person. Time:.20. (S,AL) (Entered: 07/28/2017)
256 Non−Appeal Transcript Request by Sultane Roome Salim (4) for proceedings held on July 10, 2017 before Judge Sargus. Court Reporter: Darla Coulter. Requested completion date: August 29, 2017 (Kadri, Cherrefe) (Entered: 08/02/2017)
257 Transcript of Plea Proceedings as to Yahya Farooq Mohammad (1) held on July 10, 2017 before Judge Edward A. Sargus, Jr. To obtain a bound copy of this transcript please contact court reporter Darla J. Coulter at 614.719.3245. [35 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/23/2017. Redaction Request due 9/6/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/14/2017. (K,J) (Entered: 08/16/2017)
258 Motion to Modify Conditions of Release by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 08/24/2017)
259 Order of Pretrial Conference as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4) held on 8/30/2017. Jury trial scheduled for April 23, 2018 at 9:00 a.m. Voir dire to commence April 16, 2018 at 10:00 a.m. Defendants granted leave until October 15, 2017 to file motions to sever and to supplement the Motion for Disclosure Related to the FISA Amendments Act (Doc 140 ). Motion deadline is October 15, 2017. The following motions are denied as moot: Motion to strike surplusage (Docs 65 , 80 , 90 , 116 and 118 ), Motion for bond (Doc 67 ), Motion to produce statements for Court Inspection (Doc. 117 ), Motion to supplement motion in support of severance (Doc. 119 ) and Motion to sever (Doc 120 ). Time excluded. Judge Jeffrey J. Helmick on 9/6/2017. Time: 2 hours 05 minutes(S,AL) (Entered: 09/06/2017)
260 Marginal Entry Order granting 258 Motion to Modify Conditions of Release as to Sultane Roome Salim (4). Defendant permitted to go outside of the home (must stay on property) during daylight hours, as long as the defendant is within reach of the location monitoring and it can continue to register the defendant's movement. The defendant is also permitted to travel to his mother's commericial property, not to exceed 20 hours per week, during business hours, Monday through Friday. Defendant must give at least 24 hours notice to the Pretrial Services Officer and receive prior approval. The third party custodians must be present with the defendant at all times. Judge Jeffrey J. Helmick on 9/6/2017. (S,AL) (Entered: 09/06/2017)
261 JERS Order as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Jury Evidence Recording System) (see order for full details). Judge Jeffrey J. Helmick on 9/8/2017. (S,AL) (Entered: 09/08/2017)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4). Ex Parte Pretrial Conference with defense counsel set for 11/15/2017 at 3:30 PM in Chambers 210 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 09/13/2017)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Pretrial Conference with government counsel (CIPA) set for 11/16/2017 at 01:30 PM in Chambers 210 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 09/13/2017)
262 Notice as to Yahya Farooq Mohammad (1). Sentencing set for 11/6/2017 at 10:30 AM in Courtroom 204 before Judge Edmund A. Sargus Jr.(S,Ma) (Entered: 09/18/2017)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 25 of 34

10/05/2017 10/05/2017 10/06/2017 10/06/2017
10/13/2017 10/16/2017 10/16/2017
10/20/2017 10/25/2017 10/25/2017
10/30/2017 10/30/2017 10/30/2017 11/01/2017
11/03/2017 11/03/2017 11/03/2017

264 Motion for Leave to File Exhibits under Seal by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 10/05/2017)
265 Marginal Entry Order granting defendant Ibrahim Mohammad's motion for leave to file exhibits under seal. 264 Judge Jeffrey J. Helmick on 10/5/2017. (S,AL) (Entered: 10/05/2017)
266 Second Renewed Motion for Release from Custody by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified text on 10/6/2017 (R,Ke). (Entered: 10/06/2017)
267 SEALED Document: Exhibits to 2nd Renewed Motion for Release from Custody filed by Ibrahim Zubair Mohammad. Related document(s) 265 . (Attachments: # 1 Exhibit A− Transcript of Detention Hearing, 3/1/16, # 2 Exhibit B− Permanent Resident Visa and Michigan Driver's License, # 3 Exhibit C− Citizenship Application, # 4 Exhibit D− Marriage license, # 5 Exhibit E− Birth Certificate, # 6 Exhibit F− Letters, # 7 Exhibit G− Webster Report, # 8 Exhibit H− Government Expert Article, # 9 Exhibit I− Relevant Emails and IM Chats, # 10 Exhibit J− Brennan Speech, # 11 Exhibit K− Statement of Unindicted Co−Conspirator #2)(Klucas, David) (Entered: 10/06/2017)
268 Motion for extension of time until 10/20/2017 to file motion filing deadline by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 10/13/2017)
269 Marginal Entry Order granting defendant Sultane Salim's motion for an extension of time until 10/20/17 to file pretrial motions. 268 Judge Jeffrey J. Helmick on 10/16/2017. (S,AL) (Entered: 10/16/2017)
270 Order as to Ibrahim Zubair Mohammad (2). Government granted leave until October 25, 2017 to respond to the renewed motion for bond (Doc 266); reply due November 1, 2017. A hearing is scheduled for November 8, 2017 at 10:00 a.m. Pretrial Services to provide their report/recommendations to the Court and defense counsel by November 1, 2017. Judge Jeffrey J. Helmick on 10/16/2017. (S,AL) (Entered: 10/16/2017)
271 Motion in Limine to exclude expert testimony by Sultane Roome Salim (4). (Attachments: # 1 Exhibit expert witness notice, # 2 Exhibit expert curriculum vitae)(Kadri, Cherrefe) (Entered: 10/20/2017)
274 Order as to Yahya Farooq Mohammad (1). The parties shall have until 10/30/2017 to submit their sentencing memoranda. Judge Edmund A. Sargus, Jr on 10/24/2017. (S,Ma) (Entered: 10/25/2017)
275 Response by United States of America in opposition to Motion for Release from Custody 266 as to Ibrahim Zubair Mohammad (2) (Attachments: # 1 Exhibit 44 Ways to Support Jihad, # 2 Exhibit Constants on the Path of Jihad)(Shepherd, Matthew) (Entered: 10/25/2017)
276 Sentencing Memorandum by United States of America as to Yahya Farooq Mohammad (1) (Freeman, Michael) (Entered: 10/30/2017)
277 Sentencing Memorandum by Yahya Farooq Mohammad (1) (Durkin, Thomas) (Entered: 10/30/2017)
278 SEALED Document: Sealed Exhibit A to Defendant's Sentencing Memorandum (Character Letters) filed by Yahya Farooq Mohammad. Related document(s) 138 , 277 . (Durkin, Thomas) (Entered: 10/30/2017)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Pretrial Conference with government counsel (CIPA) set for 11/16/201 at 1:30pm is moved to 1:00 pm in Chambers 210 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 11/01/2017)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick.Telephone Conference as to Asif Ahmed Salim (3) held on 11/2/2017. Time: 10 minutes. (S,AL) (Entered: 11/03/2017)
279 Notice of Intent to Request Order of Judical Removal as to Yahya Farooq Mohammad (1) (Freeman, Michael) (Entered: 11/03/2017)
280 Proposed Order by United States of America as to Yahya Farooq Mohammad (1) 279 Notice (Other) filed by United States of America (Freeman, Michael) (Entered:

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 26 of 34

11/06/2017
11/06/2017 11/07/2017 11/08/2017
11/08/2017 11/08/2017
11/16/2017 11/16/2017
11/17/2017 11/20/2017 11/20/2017 12/27/2017 01/04/2018 01/05/2018

11/03/2017)
281 Minutes of proceedings before Judge Edmund A. Sargus, Jr.Sentencing held on 11/6/2017 as to Yahya Farooq Mohammad. As to Count 1, Defendant sentenced to 180 months (minus time served) for count 1 of case 3:15−cr−358(1); and 240 months for count 2 of case 3:16−cr−222, with 90 of those months to run concurrently with count 1 of case 3:15−cr−358 (1). The remaining 150 months will run consecutively with count 1 of case 3:15−cr−358 (1) for a total of 330 months; 10 years supervised release; $200 special assessment; No fine imposed; No Restitution. As to Counts 2, 3, 4, dismissed per plea agreement. (Court Reporter Angela Nixon) Time: 10:45 a.m. 11:23 a.m.. (S,Ma) (Entered: 11/07/2017)
282 DEFENDANT'S Plea Statement in Support of Judicial Removal by Yahya Farooq Mohammad (1). (S,Ma) (Entered: 11/08/2017)
283 STIPULATED Judicial Order of Removal as to Yahya Farooq Mohammad (1). Judge Edmund A. Sargus, Jr on 11/7/2017. (S,Ma) (Entered: 11/08/2017)
284 Judgment as to Yahya Farooq Mohammad (1), Count(s) 1. Defendant sentenced to 180 months (minus time served) for count 1 of case 3:15−cr−358(1); and 240 months for count 2 of case 3:16−cr−222, with 90 of those months to run concurrently with count 1 of case 3:15−cr−358 (1). The remaining 150 months will run consecutively with count 1 of case 3:15−cr−358 (1) for a total of 330 months; 10 years supervised release; $200 special assessment; No fine imposed; No Restitution. Count(s) 2, 3, 4, Dismissed per plea agreement. Judge Edmund A. Sargus, Jr on 11/8/2017. (S,Ma) (Entered: 11/08/2017)
285 STATEMENT of Reasons as to 284 Judgment. (S,Ma) (Entered: 11/08/2017)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Bond Hearing as to Ibrahim Zubair Mohammad (2) held on 11/8/2017. Matt Shepard, Mike Freeman, David Klucas and Jordan Spadafore present in court. Arguments heard. Matter taken under advisement. (Court Reporter Angela Nixon) Time: 1hour 10 minutes. (S,AL) (Entered: 11/08/2017)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Ex Parte Pretrial Conference with defense counsel as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4) held on 11/15/2017. Time: 15 minutes. (S,AL) (Entered: 11/16/2017)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Ex Parte (SEALED) Pretrial Conference with government counsel as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4) held on 11/16/2017. (Court Reporter Caroline Mahnke) Time: 1 hour 45 minutes. (S,AL) (Entered: 11/16/2017)
287 Response in Opposition to Defendant Sultane Salim's 271 Motion in Limine to exclude testimony of Dr. Alexander Meleagrou−Hitchens as to Sultane Roome Salim (4) (Gonzalez, Gregory) Modified text−defendants on 11/20/2017 (D,TM). (Entered: 11/17/2017)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4). Ex Parte Pretrial Conference with defense counsel only set for 12/14/2017 at 10:30 AM in Chambers 210 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 11/20/2017)
288 Supplement to 287 Response in Opposition, as to Sultane Roome Salim (4) (Gonzalez, Gregory) (Entered: 11/20/2017)
Notice [Non Document] as to Asif Ahmed Salim (3). In Chambers Ex Parte Conference set for 1/4/2018 at 02:00 PM in Chambers 210 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 12/27/2017)
291 Third Renewed Application for Release of Bail by Asif Ahmed Salim (3). (Moreno, Linda) Modified text on 1/9/2018 (D,TM). (Entered: 01/04/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick.Ex Parte pretrial Conference as to Asif Ahmed Salim (3) held on 1/5/2018. (Court Reporter

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 27 of 34

01/10/2018 01/12/2018 01/14/2018 01/16/2018 01/16/2018 01/19/2018 01/22/2018 01/22/2018 01/22/2018 01/27/2018 01/29/2018 02/08/2018 02/08/2018 02/08/2018 02/08/2018 02/08/2018

Stacey Kiprotisch) Time: 10 minutes. (S,AL) (Entered: 01/05/2018)
292 Motion for Leave to File Supplemental CIPA Motion by United States of America as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Gonzalez, Gregory) Modified party name on 1/11/2018 (D,TM). (Entered: 01/10/2018)
293 Marginal Entry Order granting the government's motion for leave to file a supplemental CIPA motion. 292 Judge Jeffrey J. Helmick on 1/12/2018. (S,AL) (Entered: 01/12/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Ex Parte Telephone Conference as to Sultane Roome Salim (4) held on 1/11/2018. (Court Reporter Angela Nixon) Time: 25 minutes. (S,AL) (Entered: 01/14/2018)
294 FILING ERROR− Filed as to wrong defendant Motion to Join Co−Defendant Motion in Limine by Ibrahim Zubair Mohammad (2) as to Yahya Farooq Mohammad (1). (Klucas, David) Modified to be corrected by the Clerk's Office as to defendant # 2 on 2/28/2018 (D,TM). (Entered: 01/16/2018)
294 Motion to co−join Defendant's Motion in Limine 271 with Memorandum in support and Letter dated 12/1/16 by Ibrahim Zubair Mohammad (2). (Motion being filed by the Clerk's Office as to defendant 2 , as it was originally filed as to the incorrect defendant) (D,TM) (Entered: 02/28/2018)
295 Response by United States of America in opposition to Third Renewed Application for Release of Bail 291 as to Asif Ahmed Salim (3) (Freeman, Michael) (Entered: 01/19/2018)
296 Motion to disclose Government Witnesses with Memorandum in Support by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified text on 1/23/2018 (D,TM). (Entered: 01/22/2018)
297 Motion to Compel Discovery of Sources of Terrorism Related Funding with Memorandum in Support by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified text on 1/23/2018 (D,TM). (Entered: 01/22/2018)
298 Motion to disclose Brady Evidence with Memorandum in Support by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified text on 1/23/2018 (D,TM). (Entered: 01/22/2018)
299 Motion to Disclose Expert Witness Data with Memorandum in Support and Letter dated 12/1/2016 by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified text on 1/30/2018 (D,TM). (Entered: 01/27/2018)
Notice [Non Document] as to Asif Ahmed Salim (3). Bond Hearing set for 2/8/2018 at 2:00 PM in Courtroom 351 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 01/29/2018)
300 Response in partial opposition to Defendant's Motion to Compel Discovery of Sources of Terrorism Related Funding with Memorandum in Support 297 as to Ibrahim Zubair Mohammad (2) filed by the United States of America. (Shepherd, Matthew) (Entered: 02/08/2018)
301 Response in opposition to Defendant's Motion to disclose Government Witnesses with Memorandum in Support 296 as to Ibrahim Zubair Mohammad (2) filed by the United States of America. (Shepherd, Matthew) (Entered: 02/08/2018)
302 Response in opposition to Defendant's Motion to disclose Brady Evidence with Memorandum in Support 298 as to Ibrahim Zubair Mohammad (2) filed by United States of America. (Shepherd, Matthew) (Entered: 02/08/2018)
303 Response to Defendant's Motion to Disclose Expert Witness Data with Memorandum in Support 299 as to Ibrahim Zubair Mohammad (2) filed by the United States of America. (Shepherd, Matthew) (Entered: 02/08/2018)
304 Response in opposition to Defendant Ibrahim Zubair Mohammad 271 Motion in Limine to exclude testimony of Dr. Alexander Meleagrou−Hitchens. Related document(s) 294 (Shepherd, Matthew) Modified text on 2/14/2018 (D,TM). (Entered:

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 28 of 34

02/09/2018 02/09/2018
02/09/2018 02/09/2018
02/14/2018 02/14/2018 02/14/2018 02/14/2018 02/14/2018 02/15/2018 02/16/2018

02/08/2018)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), and Sultane Roome Salim (4). Telephone Conference set for 2/15/2018 at 11:00 AM before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877−411−9748, 1231873.(S,AL) (Entered: 02/09/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Bond Hearing as to Asif Ahmed Salim (3) held on 2/8/2018. Matt Shepherd, Mike Freeman, Linda Moreno and Cheryce Burton present in court. Arguments heard. Testimony taken: Shakila Salim. Court is releasing defendant on a $500,000 secured property bond. Defendant must comply with all conditions prior to being released. The Court granted the government's motion for a one week stay for appeal purposes.(Court Reporter Angela Nixon) Time: 1 hour and 20 minutes. (S,AL) (Entered: 02/09/2018)
305 Expedited Non−Appeal Transcript Request by United States of America as to Asif Ahmed Salim (3) for proceedings held on 2/8/18 − Bond Hearing before Judge Helmick. Court Reporter: Angela Nixon. Requested completion date: 2/8/2018−2/9/2018 (Freeman, Michael) Modified date on 2/9/2018 (D,TM). (Entered: 02/09/2018)
306 Transcript of Bond Hearing Proceedings as to Asif Ahmed Salim (3) held on February 8, 2018 before Judge Jeffrey Helmick. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260−5259. [48 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/16/2018. Redaction Request due 3/2/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/10/2018. (N,A) (Entered: 02/09/2018)
307 Receipt for Passport of Farah Nizamuddin received on 2/14/2018, Receipt Number 147. (R,Ke) (Entered: 02/14/2018)
308 Receipt for Passport of K. S. (a minor) received on 2/14/2018, Receipt Number 148. (R,Ke) (Additional attachment(s) added on 2/20/2018: # 1 Redacted receipt) (R,Ke). Modified on 2/20/2018 (R,Ke). (Attachment 1 replaced on 2/23/2018) (B,JL). (Entered: 02/14/2018)
309 Receipt for Passport of Z.S. (a minor) received on 2/14/2018, Receipt Number 149. (R,Ke) (Additional attachment(s) added on 2/20/2018: # 1 Redacted receipt) (R,Ke). Modified on 2/20/2018 (R,Ke). (Attachment 1 replaced on 2/23/2018) (B,JL). (Entered: 02/14/2018)
310 Receipt for Passport of A.S. (a minor) received on 2/14/2018, Receipt Number 150. (R,Ke) (Additional attachment(s) added on 2/20/2018: # 1 Redacted receipt) (R,Ke). Modified on 2/20/2018 (R,Ke). (Attachment 1 replaced on 2/23/2018) (B,JL). (Entered: 02/14/2018)
311 Receipt for Passport of S.S. (a minor) received on 2/14/2018, Receipt Number 151. (R,Ke) (Additional attachment(s) added on 2/20/2018: # 1 Redacted receipt) (R,Ke). Modified on 2/20/2018 (R,Ke). (Attachment 1 replaced on 2/23/2018) (B,JL). (Entered: 02/14/2018)
312 NOTICE OF APPEAL of conditions of release to the Sixth Circuit Court of Appeals filed by United States of America from 2/9/2018 non document minutes of bond hearing proceedings as to Asif Ahmed Salim (3). Filing fee not required. (Attachments: # 1 Exhibit Office of Solicitor General Authorization) (Freeman, Michael). Modified text 2/16/2018 (C,KA). (Entered: 02/15/2018)
313 Order setting forth the conditions of release as to Asif Ahmed Salim (3). The government's motion to stay release for one week was granted. The government filed a Notice of Appeal (Doc. 312) on February 15, 2018. The Notice of Appeal having been filed, government is granted leave until February 21, 2018 to file a Motion to Stay. Judge Jeffrey J. Helmick on 2/16/2018. (S,AL) (Entered: 02/16/2018)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 29 of 34

02/16/2018 02/20/2018 02/20/2018 02/21/2018 02/21/2018
02/23/2018 02/26/2018 02/26/2018 02/27/2018 03/01/2018 03/02/2018 03/02/2018
03/07/2018 03/07/2018 03/07/2018

314 Supplemental Memorandum for Protective Order Pursuant to CIPA Section 4 by United States of America as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Gonzalez, Gregory) Modified on 2/27/2018 (D,TM). (Entered: 02/16/2018)
Acknowledgment from USCA for the Sixth Circuit of receipt of 312 Notice of Appeal filed by United States of America as to Asif Ahmed Salim (3) (USCA# 18−3155). Date filed in USCA 2/16/18. (H,SP) (Entered: 02/20/2018)
315 Motion for emergency stay of District Court's Order of Release by United States of America as to Asif Ahmed Salim (3). (Freeman, Michael) (Entered: 02/20/2018)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4). Telephone Conference set for 2/27/2018 at 4:00 PM in before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877−411−9748, 1231873.(S,AL) (Entered: 02/21/2018)
316 Order as to Asif Ahmed Salim (3). In light of the government's request, filed yesterday, and the Defendant's desire to file opposition, defendant is given until next Monday by noon, to file any opposition. A temporary stay on release is granted until next Friday, March 2. re 315 Judge Jeffrey J. Helmick on 2/21/2018. (S,AL) (Entered: 02/21/2018)
318 Order: I order the government to disclose evidence to the extent it relates specifically to this case and to Dr. Meleagrou−Hitchens' proposed testimony in this case. The government shall disclose this evidence by its suggested date of March 1, 2018. 299 Judge Jeffrey J. Helmick on 2/23/2018. (S,AL) (Entered: 02/23/2018)
319 Order: granting Ibrahim Mohammad's motion to join Sultane Salim's liminal exclusion motion. The motion to exclude Dr. Meleagrou−Hitchens' expert testimony remains pending. 294 Judge Jeffrey J. Helmick on 2/26/2018. (S,AL) (Entered: 02/26/2018)
321 Response to Government's 315 Request for continued Stay as to Asif Ahmed Salim (3). (Attachments: # 1 Exhibit Unpublished Case, # 2 Exhibit Unpublished Case)(Moreno, Linda) Modified text on 2/27/2018 (D,TM). (Entered: 02/26/2018)
322 Motion to join co−defendants Motions and Memorandums by Asif Ahmed Salim . (Moreno, Linda) Modified text on 2/27/2018 (D,TM). (Entered: 02/27/2018)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Classified Information Proceedures Act Conference set for 3/2/2018 at 9:30 AM before Judge Jeffrey J. Helmick.(S,AL) (Entered: 03/01/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick.Pretrial Conference as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 2/28/2018. Order to follow.(Court Reporter Stacey Kiprotich) Time: 1 hours 10 minutes. (S,AL) (Entered: 03/02/2018)
323 Memorandum Opinion as to Asif Ahmed Salim (3). I find the government unable to justify its request for a stay pending its appeal. I deny the government's emergency motion for a stay. I grant the government a temporary stay until March 9, 2018, to seek and obtain such a stay. 315 . Judge Jeffrey J. Helmick on 3/2/2018. (S,AL) (Entered: 03/02/2018)
325 Memorandum Opinion denying defendant Ibrahim Zubair Mohammad's motion for release. (2) 266 Judge Jeffrey J. Helmick on 3/7/2018. (S,AL) (Entered: 03/07/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Pretrial/Classified Information Procedure Act Conference held with government on 2/27/2018. (Court Reporter Sarah Nageotte) Time: 30 minutes. (S,AL) (Entered: 03/07/2018)
326 Order of Pretrial Conference as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4) held on 2/27/2018. A Pretrial/Omnibus Hearing scheduled for March 16, 2018 at 9:00 a.m. Defendant Mohammad's motion to issue subpoena denied as moot (Doc 317). Exhibit and witness lists to be filed by March 21, 2018. Defendant Mohammad's motion to disclose government witnesses overruled as moot (Doc. 296). The meet/greet and questionnaire completion with the jury is

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03/09/2018 03/15/2018 03/19/2018 03/19/2018
03/19/2018 03/19/2018 03/20/2018 03/20/2018
03/20/2018 03/21/2018 03/22/2018

scheduled for March 23, 2018. Sessions will be at 9:00 a.m., 10:30 a.m., 1:30 p.m. and 3:00 p.m. Parties to file a joint proposed summary of the case by March 16, 2018. Deadline for filing joint proposed jury instructions is March 20, 2018. Motion in limine deadline is April 2, 2018; response due April 9, 2018. 317 296 Judge Jeffrey J. Helmick on 3/7/2018. Time: 1 hour and 5 minutes(S,AL) (Entered: 03/07/2018)
327 Appeal Order from USCA for the Sixth Circuit: Granting the government's motion to stay the District Court's order releasing the defendant on bond pending trial as to Asif Ahmed Salim (3) re 312 Notice of Appeal (USCA# 18−3155). Circuit Judges: Sutton and Donald, District Judge: Hood. Date issued by USCA 3/8/18 (H,SP) (Entered: 03/09/2018)
331 Order: Asif Salim's motion to join certain co−defendant's motions and memoranda. 322 297 298 294 271 Judge Jeffrey J. Helmick on 3/15/2018. (S,AL) (Entered: 03/15/2018)
332 Expedited Non−Appeal Transcript Request by Sultane Roome Salim (4) for proceedings held on 3/16/2018 before Judge Helmick. Court Reporter: Angela Nixon. Requested completion date: 3/20/2018 (Kadri, Cherrefe) (Entered: 03/19/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick. Evidentiary Hearing as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4) held on 3/16/2018. Testimony taken: Alexander Meleagrou−Hitchens. Exhibits admitted. Parties to file supplement briefs by 3/23/18. (Court Reporter Angela Nixon) Time: 6 hours and 40 minutes. (S,AL) (Entered: 03/19/2018)
333 Expedited Non−Appeal Transcript Request by Ibrahim Zubair Mohammad (2) for proceedings held on 3/16/2018 before Judge Helmick. Court Reporter: Nixon. Requested completion date: 3/22/2018 (Klucas, David) (Entered: 03/19/2018)
334 Non−Appeal Transcript Request for Unedited Real Time Transcript by Ibrahim Zubair Mohammad (2) for proceedings held on 3/16/2018 before Judge Helmick. Court Reporter: Nixon. Requested completion date: 3/21/2018 (Klucas, David) (Entered: 03/19/2018)
335 Non−Appeal Transcript Request by Sultane Roome Salim (4) for proceedings held on 3/16/18 before Judge Helmick. Court Reporter: Angela Nixon. Requested completion date: 3/20/18 (Kadri, Cherrefe) (Entered: 03/20/2018)
Order [non−document]: The Court has reviewed the Government's motion under Section 4 of the Classified Information Procedure's Act (Doc. 172 and 314), and has granted those motions. Defendants' Motion to Suppress Evidence obtained from a warrantless surveillance under Section 702 of FISA (Doc. 146), Defendants' Motion for Disclosure of FISA−Related material and to Suppress the Fruits or Derivatives of Electronic Surveillance (Doc. #148), Defendants' Motion to Suppress (Doc. #156), Defendants' Motion to Compel Discovery (Doc. 133), and Defendants' Motion for Disclosure Related to the FISA Amendments (Doc. 140) are denied. Classified versions of the Opinions have been provided to the Classified Information Security Officer for service to the relevant agencies for classification review. The Court further orders the relevant agencies to provide an unclassified or redacted version acceptable for post to the public docket back to the Classified Information Security Officer no later than 4 pm on April 4, 2018. 148 146 156 133 140 172 314 . Judge Jeffrey J. Helmick on 3/20/2018. (S,AL) (Entered: 03/20/2018)
336 Proposed Jury Instructions by Sultane Roome Salim (4) (Kadri, Cherrefe) (Entered: 03/20/2018)
337 Expedited Non−Appeal Transcript Request by United States of America as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) for proceedings held on 3/16/18 − Pretrial/Omnibus Hearing before Judge Helmick. Court Reporter: Angela Nixon. Requested completion date: Ordinary. (Freeman, Michael) (Entered: 03/21/2018)
338 Motion for extension of time until 3/26/18 to file closing argument brief by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 03/22/2018)

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03/22/2018 03/26/2018
03/26/2018 03/26/2018 03/26/2018 03/26/2018 03/26/2018 03/26/2018 03/26/2018 03/26/2018 03/26/2018
03/26/2018
03/26/2018 03/27/2018

339 Marginal Entry Order granting defendant Sultane Salim's motion for extension of time. Leave granted until 3/26/2018 as to all parties to file their supplemental brief. 338 Judge Jeffrey J. Helmick on 3/22/2018. (S,AL) (Entered: 03/22/2018)
Minutes of proceedings [Non Document] before Judge Jeffrey J. Helmick as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3) and Sultane Roome Salim (4) held on 3/23/2018. Three groups of jurors called to courtroom and sworn. Jury questionnaires completed. (Court Reporter Stacey Kiprotisch) Time: 1 hour and 35 minutes. (S,AL) (Entered: 03/26/2018)
340 (Restricted Access) Juror Questionnaires #1−16. Note: This document contains questionnaires available at the time of filing. To access this document you must first log into CM/ECF using your CM/ECF login and password. This document is not available via PACER. (S,AL) (Entered: 03/26/2018)
341 (Restricted Access) Juror Questionnaires #17−37. Note: This document contains questionnaires available at the time of filing. To access this document you must first log into CM/ECF using your CM/ECF login and password. This document is not available via PACER. (S,AL) (Entered: 03/26/2018)
342 (Restricted Access) Juror Questionnaires 38−64. Note: This document contains questionnaires available at the time of filing. To access this document you must first log into CM/ECF using your CM/ECF login and password. This document is not available via PACER. (S,AL) (Entered: 03/26/2018)
343 (Restricted Access) Juror Questionnaires #65−100. Note: This document contains questionnaires available at the time of filing. To access this document you must first log into CM/ECF using your CM/ECF login and password. This document is not available via PACER. (S,AL) (Entered: 03/26/2018)
344 (Restricted Access) Juror Questionnaires #101−160. Note: This document contains questionnaires available at the time of filing. To access this document you must first log into CM/ECF using your CM/ECF login and password. This document is not available via PACER. (S,AL) (Entered: 03/26/2018)
346 Pretrial Memorandum in Support of Objections to Proposed Jury Instructions by Ibrahim Zubair Mohammad (2) (Attachments: # 1 Exhibit Government's Proposed Jury Instructions)(Klucas, David) (Entered: 03/26/2018)
347 SEALED Memorandum Opinion: Defendants' motions for severance and relief from prejudicial joinder are denied. Related document(s) 78 77 91 115 . (S,AL) (Entered: 03/26/2018)
348 Proposed Jury Instructions and verdict forms by United States of America as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Freeman, Michael) (Entered: 03/26/2018)
349 Argument by United States of America in opposition to Defendants' Motions in Limine to exclude expert testimony of Dr. Alexander Meleagrou−Hitchens as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Related document(s) 271 , 294 and 322 . (Freeman, Michael) Modified text on 3/28/2018 (D,TM). (Entered: 03/26/2018)
350 Supplemental Memorandum in support of Defendant Sultane Salim's Motion in Limine as to Ibrahim Zubair Mohammad (2). Related document(s) 271 and 294 (Attachments: # 1 Exhibit Amended Expert Witness Notice, # 2 Exhibit Real Time Transcript of 3/16/2018 hearing)(Klucas, David) Modified text on 3/29/2018 (D,TM). (Entered: 03/26/2018)
351 Statement in support of Motion in Limine−Expert Witness Testimony 271 as to Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 03/26/2018)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). An In Chambers Conference (CIPA) with government counsel only set for 4/9/2018 at 12:00 PM in Chambers 210 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 03/27/2018)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 32 of 34

03/28/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018
04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/03/2018 04/09/2018
04/11/2018

353 Memorandum in support of Objections to Proposed Jury Instructions as to Sultane Roome Salim (4) re 346 and 348 Proposed Jury Instructions (Kadri, Cherrefe) Modified text on 3/29/2018 (D,TM). (Entered: 03/28/2018)
354 Motion in Limine to Preclude Expert Witness with Government Exhibits 1 and 2 attached by United States of America as to Sultane Roome Salim (4). (Freeman, Michael) Modified text on 4/3/2018 (D,TM). (Entered: 04/02/2018)
355 Motion in Limine to exclude any testimony about Umar Farouk Abdulmutallab by Sultane Roome Salim (4). (Attachments: # 1 Exhibit 11 16 16 discovery letter, # 2 Exhibit 7 20 16 discovery letter)(Kadri, Cherrefe) (Entered: 04/02/2018)
356 Motion in Limine to exclude certain references about Yahya Farooq Mohammad by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 04/02/2018)
357 Consolidated Motion in Limine that defense be precluded from introducing argument that their clients are not guilty of violating 18 USC 2339A and Motion in Limine that the defense be precluded from seeking to introduce their own statements, which are hearsay and Motion in Limine that the defense be precluded from seeking evidence of the defendants'lawful behavior or other good acts evidence and Motion in Limine that the defense be precluded from introducing evidence or argument related to possible sentences or collateral consequences after conviction and Motion in Limine that the government be permitted to present the bifurcated testimony of one of its witnesses and Motion in Limine that the government be permitted to introduce statements of co−conspirators in furtherance of a conspiracy and Motion in Limine that the Court find that the statements from interviews of the defendants that the government may introduce do not violate Bruton by United States of America as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Shepherd, Matthew). Added 6 part Motion in Limine on 4/4/2018 (D,TM). (Entered: 04/02/2018)
358 Motion in Limine to exclude chief expert testimony with Memorandum in support by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 04/02/2018)
359 Motion in Limine No. 2 to Exclude Evidence of Terrorist Organizations by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 04/02/2018)
360 Motion in Limine No. 3 to Exclude Evidence Regarding Separated Co−Defendant and Motion for an order prohibiting reference to the charges or the evidence in 16cr222 with Memorandum in Support by Ibrahim Zubair Mohammad (2). (Klucas, David). Added 2nd part Motion on 4/4/2018 (D,TM). (Entered: 04/02/2018)
361 Motion in Limine No. 4 to Exclude Evidence of the Taliban with Memorandum in Support by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 04/02/2018)
Notice [Non Document] as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), and Sultane Roome Salim (4). Telephone Conference set for 4/12/2018 at 2:30 PM before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877−411−9748, access code 1231873.(S,AL) (Entered: 04/03/2018)
365 Transcript of Pre−Trial Proceedings as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on March 16, 2018 before Judge Jeffrey J. Helmick. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260−5259. [270 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/16/2018. Redaction Request due 4/30/2018. Redacted Transcript Deadline set for 5/10/2018. Release of Transcript Restriction set for 7/9/2018. (N,A) Modified defendant name on 4/17/2018 (D,TM). (Entered: 04/09/2018)
CJA 20 Appointment of Attorney Linda Moreno, nunc pro tunc, as of 4/4/2018. Counsel is reminded of their obligation to report significant changes in defendant's employment or financial circumstances sufficient to enable defendant to pay, in whole or in part, for legal representation. CJA Plan, Part IV (D)(2).. Judge Jeffrey J. Helmick on 4/11/2018. (S,AL) (Entered: 04/11/2018)

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04/11/2018 04/11/2018 04/13/2018 04/13/2018 04/17/2018 04/17/2018 05/01/2018 05/01/2018 05/01/2018
05/17/2018 05/17/2018 05/23/2018 06/20/2018 08/08/2018 09/11/2018
09/11/2018
10/09/2018 10/09/2018 10/09/2018

Notice [Non Document] as to Ibrahim Zubair Mohammad (2). Change of Plea Hearing set for 4/11/2018 at 02:00 PM in Courtroom 224 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 04/11/2018)
Notice [Non Document] as to Asif Ahmed Salim (3) and Sultane Roome Salim (4). Change of Plea Hearing set for 4/12/2018 at 2:30 PM in Courtroom 204 before Judge Jeffrey J. Helmick.(S,AL) (Entered: 04/11/2018)
Notice [non−document] Defendant Ibrahim Zubair Mohammad (2) did not enter a guilty plea as to this case. Please see 3:18cr165. (S,AL) (Entered: 04/13/2018)
Notice [non−document] Defendant's Asif Ahmed Salim and Sultane Roome Salim did not enter a guilty plea as to this case. Please see 18cr186. (S,AL) (Entered: 04/13/2018)
CJA 24 as to Sultane Roome Salim (4): Authorization to Pay Angela Nixon for Transcript. Judge Jeffrey J. Helmick on 4/16/2018. (S,AL) (Entered: 04/17/2018)
CJA 24 as to Ibrahim Zubair Mohammad (2): Authorization to Pay Angela Nixon for Transcript. Judge Jeffrey J. Helmick on 4/16/2018. (S,AL) (Entered: 04/17/2018)
CJA 20 as to Ibrahim Zubair Mohammad (2): Authorization to Pay David Klucas. Judge Jeffrey J. Helmick on 4/30/2018. (S,AL) (Entered: 05/01/2018)
CJA 21 as to Ibrahim Zubair Mohammad (2): Authorization to Pay Barbara A. Mettie for Expert Services. Judge Jeffrey J. Helmick on 4/30/2018. (S,AL) (Entered: 05/01/2018)
367 Appeal Order from USCA for the Sixth Circuit: Reverse the District Court order releasing Asif Ahmed Salim (3) on bond. Salim shall be detained pending trial re 312 Notice of Appeal (USCA# 18−3155). Circuit Judges: Shurheinrich, Gilman, and Sutton. Date issued by USCA 4/30/18 (H,SP) (Entered: 05/01/2018)
CJA 24 as to Sultane Roome Salim (4): Authorization to Pay Angela Nixon for Transcript. Judge Jeffrey J. Helmick on 5/17/2018. (S,AL) (Entered: 05/17/2018)
CJA 24 as to Sultane Roome Salim (4): Authorization to Pay Angela Nixon for Transcript. Judge Jeffrey J. Helmick on 5/17/2018. (S,AL) (Entered: 05/17/2018)
368 True Copy of mandate from USCA for the Sixth Circuit: Reversing the District Court's order as to Asif Ahmed Salim (3) re 312 Notice of Appeal (USCA# 18−3155). Date issued as mandate 5/22/18, Costs: None (H,SP) (Entered: 05/23/2018)
369 Ex Parte Motion to approve supplemental stage two trial budget and authorize interim payment as to Sultane Roome Salim (4). (Attachments: # 1 Exhibit supp budget)(Kadri, Cherrefe) Modified text on 6/22/2018 (D,TM). (Entered: 06/20/2018)
CJA 21 as to Sultane Roome Salim (4): Authorization to Pay Cynthia Lepeley for Expert Services. Judge Jeffrey J. Helmick on 8/7/2018. (S,AL) (Entered: 08/08/2018)
373 Memorandum Opinion (UNCLASSIFIED) as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), and Sultane Roome Salim (4). The government's motion for a protective order under CIPA is granted. The government may disclose a summary of statements in lieu of classified information. 172 314 . Judge Jeffrey J. Helmick on 9/11/2018. (S,AL) (Entered: 09/11/2018)
374 Memorandum Opinion (UNCLASSIFIED) as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), and Sultane Roome Salim (4). Defendants' motions are denied. 131 140 146 148 156 . Judge Jeffrey J. Helmick on 9/11/2018. (S,AL) (Entered: 09/11/2018)
CJA 21 as to Ibrahim Zubair Mohammad (2): Authorization to Pay Jonathan Lyon for Expert Services. Judge Jeffrey J. Helmick on 10/9/2018. (S,AL) (Entered: 10/09/2018)
CJA 21 as to Sultane Roome Salim (4): Appointment of L. Thomas Kucharski as Expert. Judge Jeffrey J. Helmick on 10/9/2018. (S,AL) (Entered: 10/09/2018)
CJA 21 as to Sultane Roome Salim (4): Authorization to Pay Abbes Awada for Expert Services.. Judge Jeffrey J. Helmick on 10/9/2018. (S,AL) (Entered: 10/09/2018)

Case: 3:15-cr-00358-JJH As of: 03/14/2019 02:58 PM EDT 34 of 34

10/18/2018
11/09/2018 11/21/2018 12/19/2018 01/16/2019 01/16/2019 01/16/2019 01/16/2019 01/16/2019 01/16/2019 01/22/2019 02/25/2019 02/25/2019 02/25/2019 02/25/2019

376 Order as to Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). On August 29, 2018, the Government filed an Ex Parte Second Supplemental filing pursuant to Section 4 of CIPA. I have reviewed the filing and grant the Government's request not to disclose the information discussed in the classified filing. Judge Jeffrey J. Helmick on 10/18/2018. (S,AL) (Entered: 10/18/2018)
377 Judgment as to Asif Ahmed Salim (3). Upon motion of the government, Counts 1, 2, and 4 are dismissed. Judge Jeffrey J. Helmick on 11/9/2018. (S,AL) (Entered: 11/09/2018)
CJA 20 as to Sultane Roome Salim (4): Authorization to Pay Cherrefe A. Kadri. Judge Jeffrey J. Helmick on 11/21/2018. (S,AL) (Entered: 11/21/2018)
CJA 21 as to Ibrahim Zubair Mohammad (2): Authorization to Pay Investigative Services Group for Expert Services.. Judge Jeffrey J. Helmick on 12/19/2018. (S,AL) (Entered: 12/19/2018)
378 Judgment as to Sultane Roome Salim (4). Upon oral motion of the government, Counts 1, 2, and 4 dismissed. Judge Jeffrey J. Helmick on 1/16/2019. (S,AL) (Entered: 01/16/2019)
379 Passport of Farah Nizamuddin returned to Chereffe Kadri on 1/16/2019 per Order dated 1/16/2019 in Case Number 3:18cr186. (D,TM) (Entered: 01/16/2019)
380 Passport of K. S. returned to Cherrefe Kadri on 1/16/2019 per Order dated 1/16/2019 in Case Number 3:18cr186. (D,TM) (Entered: 01/16/2019)
381 Passport of Z. S. returned to Cherrefe Kadri on 1/16/2019 per Order dated 1/16/2019 in Case Number 3:18cr186. (D,TM) (Entered: 01/16/2019)
382 Passport of A. S. returned to Cherrefe Kadri on 1/16/2019 per Order dated 1/16/2019 in Case Number 3:18cr186. (D,TM) (Entered: 01/16/2019)
383 Passport of S. S. returned to Cherrefe Kadri on 1/16/2019 per Order dated 1/16/2019 in Case Number 3:18cr186. (D,TM) (Entered: 01/16/2019)
384 Judgment as to Ibrahim Zubair Mohammad (2). Upon oral motion by the government, Counts 1−4 are dismissed. Judge Jeffrey J. Helmick on 1/22/2019. (S,AL) (Entered: 01/22/2019)
385 Passport of Mehreen Sultan returned to Cherrefe Kadri on 2/25/2019 per Minute Order in case number 3:18cr186 dated 1/16/2019. (D,TM) (Entered: 02/25/2019)
386 Passport of F.S. returned to Cherrefe Kadri on 2/25/2019 per Minute Order in case number 3:18cr186 dated 1/16/2019. (Attachments: # 1 Unredacted Receipt # 121) (D,TM) (Entered: 02/25/2019)
387 Passport of Z.S. returned to Cherrefe Kadri on 2/25/2019 per Minute Order in case number 3:18cr186 dated 1/16/2019. (Attachments: # 1 Unredacted Receipt # 122) (D,TM) (Entered: 02/25/2019)
388 Passport of A.S. returned to Cherrefe Kadri on 2/25/2019 per Minute Order in case number 3:18cr186 dated 1/16/2019. (Attachments: # 1 Unredacted Receipt # 123) (D,TM) (Entered: 02/25/2019)