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

Case title: USA v. Sattar, et al
Other court case number(s): None
Magistrate judge case number(s): None

Date Filed: 04/09/02



Assigned to: Judge John G. Koeltl
Referred to:

Defendant(s)
-----------------------
Ahmed Abdel Sattar (1) represented by Barry M. Fallick
Rochman Platzer Fallick & Rosmarin
666 Third Avenue
New York, NY 10017
(212)697-4090
LEAD ATTORNEY
Designation: CJA Appointment
    Kenneth Paul
319 Broadway
New York, NY 10007
(212) 587-8000
LEAD ATTORNEY
Designation: CJA Appointment
    Kenneth Paul
319 Broadway, Suite 500
New York, NY 10007
(212) 226-4848
LEAD ATTORNEY
Designation: CJA Appointment
    Steven P. Ragland
The Tigar Law Firm
626C Admiral Drive, #321
Annapolis, MD 21401
(888) 868-4427
LEAD ATTORNEY
Designation: Retained
    Robin L. Baker
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2200
Fax : (212) 637-0097
Email: robin.baker@usdoj.gov
ATTORNEY TO BE NOTICED

aka
Abu Omar (1)

aka
Dr. Ahmed (1)
 


Pending Counts
----------------------

 

Disposition
----------------

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


Highest Offense Level (Opening)
---------------------------------------

Felony


Terminated Counts
-----------------------------

 

Disposition
----------------

None


Highest Offense Level (Terminated)
--------------------------------------------

None


Complaints
----------------

 

Disposition
----------------

None



Assigned to: Judge John G. Koeltl
Referred to:
Yassir Al-Sirri (2)

aka
Abu Ammar (2)
 


Pending Counts
----------------------

 

Disposition
----------------

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


Highest Offense Level (Opening)
---------------------------------------

Felony


Terminated Counts
-----------------------------

 

Disposition
----------------

None


Highest Offense Level (Terminated)
--------------------------------------------

None


Complaints
----------------

 

Disposition
----------------

None



Assigned to: Judge John G. Koeltl
Referred to:
Lynne Stewart (3) represented by Daniel Habib
Tigar Law Firm
626-C Admiral Drive
#321
Annapolis, MD 21401
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Jill R. Shellow-Lavine
Law Offices of Jill R. Shellow-Lavine
2537 Post Road
Southport, CT 06890
(203) 258-1463
LEAD ATTORNEY
Designation: Retained
    Lynne F. Stewart
351 Broadway
Third Floor
New York, NY 10013
(212) 625-9696
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
    Michael E. Tigar
626C Admiral Drive, #321
Annapolis, MD 21401
410/573-6935
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Stephen A. Somerstein
436 8th street
Brooklyn, NY 11215
718-965-4400
TERMINATED: 01/17/2003
LEAD ATTORNEY
Designation: Retained
    Steven P. Ragland
The Tigar Law Firm
626C Admiral Drive, #321
Annapolis, MD 21401
(888) 868-4427
LEAD ATTORNEY
Designation: Retained
    Susan V. Tipograph
351 Broadway
NY, NY 10013
(212)431-5360
LEAD ATTORNEY
Designation: Retained
    Gerald J. Niewoehner
The Tigar Law Firm
626-C Admiral Drive
Annapolis, MD 21401
410-573-6935
ATTORNEY TO BE NOTICED


Pending Counts
----------------------

 

Disposition
----------------

18:2383.F REBELLION OR INSURRECTION (TITLE 18 USC, SECTION 2339B: PROVIDING MATERIAL SUPPORT TO A TERRORIST ORGANIZATION)
(1)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
18:2383.F REBELLION OR INSURRECTION (TITLE 18, USAC, SECTION 2338B: PROVIDING MATERIAL SUPPORT TO A TERRORIST ORGANIZATION)
(2)
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(4)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(4s)
18:1001.F STATEMENTS OR ENTRIES GENERALLY
(5)
TERRORIST ACTIVITY
(5s)
STATEMENTS OR ENTRIES GENERALLY
(6s-7s)


Highest Offense Level (Opening)
---------------------------------------

Felony


Terminated Counts
-----------------------------

 

Disposition
----------------

None


Highest Offense Level (Terminated)
--------------------------------------------

None


Complaints
----------------

 

Disposition
----------------

None



Assigned to: Judge John G. Koeltl
Referred to:
Mohammed Yousry (4) represented by David Stern
Rothman, Schneider, Soloway & Stern, P.C.
70 Lafayette Street
7th Floor
New York, NY 10013
(212) 571-5500
Email: RSSST4@AOL.COM
LEAD ATTORNEY
Designation: Retained


Pending Counts
----------------------

 

Disposition
----------------

18:2383.F REBELLION OR INSURRECTION (TITLE 18 USC, SECTION 2339B: PROVIDING MATERIAL SUPPORT TO A TERRORIST ORGANIZATION)
(1)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
18:2383.F REBELLION OR INSURRECTION (TITLE 18, USAC, SECTION 2338B: PROVIDING MATERIAL SUPPORT TO A TERRORIST ORGANIZATION)
(2)
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(4)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(4s)
TERRORIST ACTIVITY
(5s)


Highest Offense Level (Opening)
---------------------------------------

Felony


Terminated Counts
-----------------------------

 

Disposition
----------------

None


Highest Offense Level (Terminated)
--------------------------------------------

None


Complaints
----------------

 

Disposition
----------------

None




Plaintiff
-------------------

USA represented by Christopher Jude Morvillo
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2410
Fax : (212) 637-0097
Email: Christopher.Morvillo@USDOJ.Gov
LEAD ATTORNEY
    Joseph F. Bianco
Assistant United States Attorney
Mary Jo White, United States Attorney
Criminal Division
One St. Andrew's Plaza
New York, NY 10007
(212) 637-1038
LEAD ATTORNEY
    Robin L. Baker
U.S. Attorney's Office, One St. Andrew's Plaza
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2308
Fax : (212) 637-0097
Email: robin.baker@usdoj.gov
LEAD ATTORNEY


Filing Date

#

Docket Text

04/08/2002 1 SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, Sealed Defendant 2 (2) count(s) 1, 2, 3, Sealed Defendant 3 (3) count(s) 1, 2, 4, 5, Sealed Defendant 4 (4) count(s) 1, 2, 4 (jm) (Entered: 04/10/2002)
04/08/2002 2 Arrest WARRANT issued as to Sealed Defendant 1 (jm) (Entered: 04/10/2002)
04/08/2002 3 Arrest WARRANT issued as to Sealed Defendant 2 (jm) (Entered: 04/10/2002)
04/08/2002 4 Arest WARRANT issued as to Sealed Defendant 3 (jm) (Entered: 04/10/2002)
04/08/2002 5 Arest WARRANT issued as to Sealed Defendant 4 (jm) (Entered: 04/10/2002)
04/09/2002 6 ORDER as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Unsealing Indictment ( Signed by Magistrate Judge Ronald L. Ellis ); Copies mailed. (jm) (Entered: 04/10/2002)
04/09/2002   Indictment unsealed as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4 (jm) (Entered: 04/10/2002)
04/09/2002   CASE Assigned to Judge John G. Koeltl (jm) (Entered: 04/10/2002)
04/09/2002 7 NOTICE of Appearance for Ahmed Abdel Sattar by Attorney Kenneth Paul (jb) (Entered: 04/11/2002)
04/09/2002 8 Order of advice of penalties and sanctions as to Lynne Stewart () (jb) (Entered: 04/11/2002)
04/09/2002 10 PRB BOND filed by Lynne Stewart in Amount $ 500,000 to be cosigned by 3 FRP's by April 10, 2002; surrender all travel documents; regular pretrial supervision; travels are limited to SDNY and EDNY; the defendant shall be released today with the bond to be signed by 4/10/02 by the 3 FRP's. (jb) (Entered: 04/11/2002)
04/09/2002 11 Order of advice of penalties and sanctions as to Mohammed Yousry () (jb) (Entered: 04/11/2002)
04/09/2002 12 PRB BOND filed by Mohammed Yousry in Amount $ 750,000 to be secured by $200,000 in either case or property; cosigned by 5 FRP's (three persons by the close of business today and two persons by the close of business on April 10, 2002); surrender travel documents; strict pretrial supervision; travel is limited to SDNY and EDNY; defendant shall be released today on signatures of three of the five FRP's. (jb) (Entered: 04/11/2002)
04/09/2002 14 CJA 23 Financial Affidavit as to Ahmed Abdel Sattar : ( Signed by Judge John G. Koeltl ) (jb) (Entered: 04/12/2002)
04/09/2002   Arraignment as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held Ahmed Abdel Sattar (1) count(s) 1, 2, 3, 4, Lynne Stewart (3) count(s) 1, 2, 4, 5, Mohammed Yousry (4) count(s) 1, 2, 4 before Judge John G. Koeltl. Defendant Sattar present with attorney Kenneth Paul. Defendant Stewart present with attorney Susan Tipograph. Defendant Yousry present with attorney David Stern. AUSAs Joe Bianco and Christopher Morvillo. Reporter Kathy Klepfer. Defendant Al-Sirri not present. All defendants plead NOT GUILTY to indictment. Pretrial conference held, adjourned to 6/12/02 at 4:30 p.m. Time is excluded from 4/9/02 to 6/12/02. Defendant Sattar continued detained (Bail hearing 4/12/02 at 11:00 a.m.) Bail set for defendants Stewart and Yousry as follows: Stewart: $500,000 PRB; 3 FRP's; Surrender passport; PSA; Travel to SDNY, EDNY. Yousry: $750,000 PRB; secured by $200,000 cash or property. Surrender passport; Strict PSA; 5 FRPs; Travel to SDNY, EDNY. (ph) Modified on 04/18/2002 (Entered: 04/18/2002)
04/09/2002   First Appearance as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl. (ph) (Entered: 04/18/2002)
04/09/2002   PLEA entered by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Court accepts plea. Not Guilty: Ahmed Abdel Sattar (1) count(s) 1, 2, 3, 4, Lynne Stewart (3) count(s) 1, 2, 4, 5, Mohammed Yousry (4) count(s) 1, 2, 4 (ph) (Entered: 04/18/2002)
04/09/2002   PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl . Time is excluded from 4/9/02 to 6/12/02. (ph) (Entered: 04/18/2002)
04/09/2002   PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry set at 4:30 6/12/02 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. (ph) (Entered: 04/18/2002)
04/09/2002   Bail hearing as to Ahmed Abdel Sattar set for 11:00 4/12/02 for Ahmed Abdel Sattar. (ph) (Entered: 04/18/2002)
04/09/2002   CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Ahmed Abdel Sattar : Appointment of Attorney Kenneth Paul . ( Signed by Judge John G. Koeltl ) (tr) (Entered: 04/23/2002)
04/11/2002 9 NOTICE of Appearance for Lynne Stewart by Attorney Susan V. Tipograph (jb) (Entered: 04/11/2002)
04/11/2002 13 NOTICE of Appearance for Mohammed Yousry by Attorney David Stern (jb) (Entered: 04/11/2002)
04/12/2002   Bail hearing as to Ahmed Abdel Sattar held before Judge John G. Koeltl. Defendant Sattar present with attorney Kenneth Paul. AUSAs Joe Bianco and Chris Morvillo. Reporter Vincent Bologna. Government's motion for retention granted. Defendant continued remanded. (ph) (Entered: 04/18/2002)
04/18/2002 15 ORDER as to Ahmed Abdel Sattar, It is hereby ordered that attorney Kenneth A. Paul is appointed to represent the defendant Amed Abdel Sattar in this action. This order shall be nunc pro tunc as of April 9, 2002. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 04/18/2002)
04/18/2002 16 ORDER as to Lynne Stewart, It is hereby ordered that the defendant Lynne Stewart shall be released on the following conditions of bail: A $500,000 personal recognizance bond, co-signed by three financially responsible persons by April 10, 2002; the defendant Lynne Stewart shall surrender all travel documents, is subject to regular pretrial supervision. Travel is restricted to the Southern and Eastern Districts of New York. The defendant shall be released today with the bond to be signed by the three financially responsible people by April 10, 2002. ( Signed by Judge John G. Koeltl ); Copies mailed. (jb) (Entered: 04/18/2002)
04/18/2002 17 ORDER as to Mohammed Yousry, IT IS HEREBY ORDERED that the defendant Mohammed Yousry shall be released on the following conditions of bail: A $750,000 personal recognizance bond, secured by $200,000 in either case or property; co-signed by 5 FRP's (3 persons by the close of business today and 2 persons by the close of business on 4/10/02; the defendant shall surrender all travel documents, and is subject to strict pretrial supervision. Travel is restricted to the SDNY and EDNY. The defendant shall be released upon the signatures today of 3 of the 5 FRPs. ( Signed by Judge John G. Koeltl ); Copies mailed. (ph) (Entered: 04/18/2002)
04/18/2002 18 SPEEDY TRIAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset pretrial conference for 4:30 6/12/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry and to Continue in the Interests of Justice time is excluded from 4/9/02 to 6/12/02. This order is entered pursuant to 18 U.S.C., Sec. 3161(h)(8)(A) . SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 04/18/2002)
04/23/2002 19 Filed Memo-Endorsement on letter by USA as to Lynne Stewart, requesting Judge Koeltl to "So Order" the scheduled agreeded upon by the Government and Susan Tipograph, defense counsel: defense motion due April 24th and the Government's reply due May 1st...SO ORDERED Addressed to Judge Koeltl, From AUSA Gary Stein, dated April 17, 2002. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 04/24/2002)
04/23/2002   ORAL ORDER as to Lynne Stewart , SET scheduling order deadlines: Motion Filing to 4/24/02 for Lynne Stewart ; Reply to response to motion deadline 5/1/02 for USA ; ( Entered by Judge John G. Koeltl ) (jb) (Entered: 04/24/2002)
04/29/2002 20 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 04/29/2002)
04/30/2002 21 PROTECTIVE ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, upon the application of the U.S. Attorney for the Southern District of New York, by and through Assistant U.S. Attorneys Joseph F. Bianco and Christopher J. Morvillo, and upon the consent of all defense counsel; (1) IT IS HEREBY ORDERED pursuant to Rule 16(d) of the Fed.R.Crim.Procedure that discovery material produced to the defense in this case shall not be further disseminated by the defendants or their counsel to any individuals, organizations or other entities, other than: (i) members of the defense team (co-counsel, paralegals, investigators, translators and secretarial statf); and (ii) experts retained to assist in the preparation of the defense; , and (2) IT IS FURTHER ORDERED that all such discovery materials are to be provided to the defense, and used by the defense, solely for the purpose of allowing the defendants to prepare their defense and that none of the discovery materials produced by the Government to the defense shall be disseminated to, or discussed with, the media; , and (3) IT IS FURTHER ORDERED that none of the discovery materials produced by the Government to the defense shall be disseminated to, or discussed with, the media by the Government; , and (4) IT IS FURTHER ORDERED that nothing in this Order prohibits the media from obtaining copies of any items that become public exhibits at any conference, hearing, trial or other proceeding , and (5) IT IS FURTHER ORDERED that nothing in this Order in any way releases counsel for the Government or counsel for the defense from the obligations of the "Free Press Fair Trial Directives" of Local Rule 23.1 of the Local Criminal Rules of the Southern District of New York; , and (6) IT IS FURTHER ORDERED that nothing in this Order shall preclude the government from seeking a further protective order pursuant to Rule 16(d) as to particular items of discovery material , and (7) IT IS FURTHER ORDERED that nothing in this Order shall preclude counsel for the defense from entering into an agreement with the Government, or seeking an order from this Court, excluding certain specified discovery materials from the scope of this Order. ( Signed by Judge John G. Koeltl ); Copies mailed. (ph) (Entered: 05/01/2002)
04/30/2002 22 Filed Memo-Endorsement on letter: as to Lynne Stewart, from Susan V. Tipograph, atty for the dft, Dated 4/24/02, addressed to: Judge Koeltl, Re: a previous order setting a briefing schedule for dft to file a motion for the appointment of a Special Master to review the materials seized from her office pursuant to a search warrant. The motion papers were to be filed today, with the Government having until one week later, 5/1/02 to respond. Therefore, atty for the dft requests an extension of that schedule where the motion papers would be due by 9:00 a.m. on 4/26/02, the Government would then have until 5/3/02 to respond. AUSA Stein has no objection to the extension being requested. SO ORDERED. ( Signed by John G. Koeltl ); Copies mailed. (ja) (Entered: 05/01/2002)
05/06/2002 23 AFFIRMATION by AUSA Gary Stein as to Lynne Stewart Re: in opposition to the motion by defendant Stewart for the appointment of a Special Master to review the materials seized from her law office on 4/9/02. (ph) (Entered: 05/07/2002)
05/06/2002 24 AFFIRMATION by Tracy Stumpf, Special Agent with the Federal Bureua of Investigation, as to Lynne Stewart Re: in connection with the motion by defendant Lynne Stewart for the appointment of a Special Master, to describe for the Court the nature of the materials seized during the search and the areas of the Premises from which these materials were seized. (ph) (Entered: 05/07/2002)
05/06/2002 25 MEMORANDUM OF LAW by USA as to Lynne Stewart in opposition to the defendant's motion for appointment of a Special Master. (ph) (Entered: 05/07/2002)
05/08/2002 26 Filed Memo-Endorsement on letter: by USA as to Lynne Stewart, from AUSA Gary Stein, Dated May 3, 2002, addressed to: Judge Koeltl, requesting that the due of the government's papers in opposition be extended until May 6, 2002....GRANTED. (Signed Judge John G. Koeltl); Copies mailed. (jb) (Entered: 05/09/2002)
05/08/2002 27 Filed Memo-Endorsement on letter dated 4/30/02, as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Joseph F. Bianco/Christopher J. Morvillo, AUSAs, to Judge Koeltl, re: a request that the Court enter an Order authorizing disclosure, for the limited purposes of questioning witnesses, making discovery, use in pre-trial preparation and proceedings, and use during the trial in the referenced case all search warrants and supporting affidavits (including amended affidavits and warrants) relating to the following locations: 249 Hooker Place, Staten Island, NY, and two locked briefcases retrieved therefrom; 2) the Garage at 249 Hooker Place, Staten Island, NY...; 3) the Law Offices of Lynne Stewart..., 351 Broadway, New York, NY; and 4) 30-51 84th Street, East Elmhurst, NY. The Government further requests that the Court order that the original search warrants and supporting affidavits remain under seal until further order of the Court. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 05/09/2002)
05/10/2002 28 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 05/13/2002)
05/15/2002 29 Filed Memo-Endorsement on letter: by Lynne Stewart , from Susan Tipograph, Dated 5/9/02, addressed to: Judge Koeltl Re: US v Sattar 02 cr 395, reset scheduling order deadlines: Reply to response to motion deadline 5/20/02 for Lynne Stewart ; ...Time to reply extended to 5/20/02. Reply to be faxed. So Ordered. , ( Signed by Judge John G. Koeltl ); Copies mailed. (ac) (Entered: 05/17/2002)
05/15/2002 30 Filed Memo-Endorsement on letter: by Lynne Stewart , from Susan Tipograph, Dated 5/9/02, addressed to: Judge Koeltl Re: US v Sattar etal, 02cr395, I am writing to request a change in the conditions of the bond which secured Lynne Stewarts release. For personal and professional reasons, Deft Stewart requestst permission to Travel within the Northern and Western Districts of NY ...Application granted. So Ordered. ( Signed by Judge John G. Koeltl ); Copies mailed. (ac) (Entered: 05/21/2002)
06/04/2002 31 MOTION by Ahmed Abdel Sattar, the undersigned will move this Court at U.S. Crthse, 500 Pearl Street, NY, NY, for an Order, pursuant to Rule 12(b) of the Fed'l Rules of Criminal Proc. dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; and for such other and further relief as to this Court may deem just and proper. Return Date not specified. Affirmation by Kenneth A. Paul, Atty for defendant in support of Motion. (ja) Modified on 06/06/2002 (Entered: 06/06/2002)
06/04/2002 32 MEMORANDUM by Ahmed Abdel Sattar in support of [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; and [31-2] motion for such other and further relief as to this Court may deem just and proper. (ja) (Entered: 06/06/2002)
06/05/2002 33 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The parties are directed to appear on Friday, May 31, 2002 at 2:30pm for argument on Ms. Stewart's pending motion for appointment of a special master. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
06/05/2002 34 ORDER as to Lynne Stewart, The Court has received an application from Joshua L. Dratel for leave to file an amicus curiae brief or briefs on behalf of various organizations. The government opposes the application, arguing that it is untimely and that further briefing would not add anything to the arguments that the parties have briefed. The proposed briefs are, indeed, very late and could have been filed in accordance with the parties original briefing schedule. Further filings should not, in these circumstances, delay consideration of the motion, which has been scheduled for argument on May 31, 2002. The Court also questions whether amicus curiae briefs will ultimately add anything to the arguments on the motion. However, not having seen what they may add, the Court will not reject the briefs out of hand. Therefore, any amicus curiae briefs are to be submitted by the end of the day on May 28, 2002. The government's response is due on May 30, 2002. No replies are to be filed. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
06/05/2002 35 Filed Memo-Endorsement on Notice of Appearance dated May 23, 2002, and signed by retained defense attorney Michael E. Tigar, as to Lynne Stewart, ..."Application to appear Pro Hac Vice GRANTED. So ORDERED". (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
06/05/2002 36 Filed Memo-Endorsement on letter: by Lynne Stewart as to Lynne Stewart, from defense attorney Michael E. Tigar, Dated May 23, 2002, addressed to: Judge Koeltl, requesting the Court to extends defendant's bail restrictions to permit her to travel to the District of Columbia, the District of Maryland, and the intermediate districts (Delaware, Eastern District of Pennsylvania, New Jersey), and the Eastern District of Virginia (where the airports are located....GRANTED (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
06/06/2002 37 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar for dates of April 12, 2002, before Judge John G. Koeltl . (jb) (Entered: 06/10/2002)
06/06/2002 38 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of April 9, 2002, before Judge John G. Koeltl . (jb) (Entered: 06/10/2002)
06/06/2002 39 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of April 24, 2002, before Judge John G. Koeltl . (jb) (Entered: 06/10/2002)
06/11/2002 40 OPINION AND ORDER# 87050 as to Lynne Stewart, defendant Stewart's motion for the appointment of a Special Master to perform an initial review of the materials for privilege and responsiveness should be GRANTED. Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/12/2002)
06/12/2002   PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl. Defendant Sattar present with attorney Kenneth Paul. Defendant Stewart present with attorneys Susan Tipograph and Michael Figar. Defendant Yousry present with attorney David Stern. AUSAs Joseph Bianco and Christopher Morvillo and Reporter Amy Rivera present. Pretrial conference adjourned to 8/29/02 at 4:00 p.m. Time is excluded from 6/12/02 to 8/29/02. Defendant Sattar continued detained. All other defendants continued on bail. (ph) (Entered: 06/13/2002)
06/12/2002   PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry set at 4:00 8/29/02 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. (ph) (Entered: 06/13/2002)
06/13/2002 41 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 06/14/2002)
06/17/2002 42 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar for dates of 4/12/02 at 11:25am, before Judge John Koeltl . (gf) (Entered: 06/18/2002)
06/17/2002 44 MOTION by Lynne Stewart to join [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; , and makes additional argument and suggests additional relief. Return Date not specified. (ph) (Entered: 06/20/2002)
06/18/2002 43 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set scheduling order deadlines: Any defendants who intend to join the defendant Sattar's motion to dismiss dated 6/3/02 - Motion Filing to 6/14/02 for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion deadline 6/26/02 for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 6/21/02 for USA ; Pretrial Conference for 4:00 8/29/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; , and set scheduling order deadlines: Defendants are directed to file Motions relating to any allegedly improper disclosures to 6/19/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion, if any, deadline 7/1/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 6/26/02 for USA ; , and to Continue in Interests of Justice time is excluded from 6/12/02 to 8/29/02 . ( Signed by Judge John G. Koeltl ) (ph) (Entered: 06/19/2002)
06/19/2002 45 NOTICE of Appearance for Lynne Stewart by Attorney Stephen A. Somerstein. (ph) (Entered: 06/20/2002)
06/20/2002 46 Filed Memo-Endorsement on letter: by USA as to Lynne Stewart, from AUSAs Joseph F. Bianco/Christo, Dated 6/14/02, addressed to: Judge Koeltl Re: requesting that the Court enter an order authorizing the government to disclose the search warrant and supporting affidavit relating to the search of Law Offices of Lynne Stewart, Geoffrey Stewart and Sabrina Shroff, Judge memo-endorsed: The warrant and supporting affidavit may be disclosed to the Special Master in furtherance of his appointment and the documents are to be used solely for purposes of the appointment and subject to any prior sealing order and protective order. So ordered. ( Signed by Judge John G. Koeltl on 6/20/02). (ph) (Entered: 06/21/2002)
06/20/2002 47 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, as some counsel are aware, there is a reception in the Courthouse on Thursday, 6/20/02. To assure that all proper procedures are followed and appearances are preserved, the Court suggests that is would be better practice for all parties and counsel directly involved in the case before the Court not attend the reception, at the very least in this Court's chambers. ( Signed by Judge John G. Koeltl on 6/18/02). (ph) (Entered: 06/21/2002)
06/20/2002 48 ORDER as to Ahmed Abdel Sattar, set scheduling order deadlines: Reply to response to motion deadline 6/19/02 for Ahmed Abdel Sattar; Response to motion deadline 6/14/02 for USA. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 06/25/2002)
06/21/2002 50 GOVERNMENT'S MEMORANDUM by USA as to Ahmed Abdel Sattar in opposition to [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; , [31-2] motion for such other and further relief as to this Court may deem just and proper. (ja) (Entered: 06/27/2002)
06/24/2002 49 Filed Memo-Endorsement on letter: as to Ahmed Abdel Sattar, from Kenneth A. Paul, Atty for the defendant, Dated 6/20/02, addressed to: Judge Koeltl, Re: This case has been classified as a "complex case" in that discovery material being provided to counsel will consist of many thousands of documents which include intercepts from my client's telephone, his internet phone line and AOL account, as well as intercepts of a co-defendant and materials seized pursuant to search warrants. The CJA of 1964, section VII(C)(4), allows for additional counsel to be appointed in certain cases. I am requesting that Your Honor appoint Mr. Barry M. Fallick as co-counsel to Mr. Ahmed Abdel Sattar. Application granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 06/26/2002)
06/24/2002   CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED CO-COUNSEL as to Ahmed Abdel Sattar : Appointment of Attorney Barry M. Fallick . ( Signed by Judge John G. Koeltl ) (moc) (Entered: 07/18/2002)
06/26/2002 51 Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar as to Ahmed Abdel Sattar, from defense attorney Kenneth A. Paul Dated June 24, 2002, addressed to: Judge Koeltl, requesting the Court to extend the time the defendant has to reply to the Government's Memorandum to Friday, June 28, 2002...GRANTED (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/27/2002)
06/26/2002 52 REPLY by Lynne Stewart to response to [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; (jb) (Entered: 06/28/2002)
06/28/2002 53 LETTER filed by USA as to Lynne Stewart From AUSA Joseph F. Bianco, Dated 6/26/02, Addressed to: Judge Koeltl Re: submits this letter in opposition to the defendant, Lynne Stewart's motion for an investigation and a hearing to determine how the press obtained access to a Government search warrant affidavit submitted in support of a request to search co-defendant Ahmed Abdel Sattar's residence and garage. (ph) (Entered: 07/03/2002)
07/02/2002 55 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 5/31/02 at 2:40 p.m., before Judge John G. Koeltl. (ph) (Entered: 07/03/2002)
07/03/2002 54 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 07/03/2002)
07/08/2002 56 Filed Memo-Endorsement on letter: by Lynne Stewart as to Lynne Stewart, from defense attorney Michael E. Tiger, Dated June 25, 2002, addressed to: Judge Koeltl, requesting the Court to modify defendant's bail conditions to include the continental United States...GRANTED. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 07/08/2002)
07/15/2002 57 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Oral argument on the pending motion is scheduled for Thursday, July 18, 2002 at 10:00am. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 07/15/2002)
07/15/2002 58 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The oral argument scheduled for Thursday, July 18, 2002 at 10:00am is hereby adjourned to Friday, July 19, 2002 at 2:30pm. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 07/15/2002)
07/18/2002 59 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 07/18/2002)
07/18/2002 60 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/18/2002)
07/19/2002   Bail hearing as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl. Defendant Sattar present with attorneys Kenneth Paul and Barry Falvick. Defendant Stewart present with attorneys Susan Tipograph and Michael Tigar. Defendant Yousry present with attorney David Ruhnke. AUSAs Joseph Bianco and Christopher Morvillo. Reporter Bonni Pruszynski. Hearing held. Decision RESERVED. Defendant Sattar continued detained. Bail continued for defendants Stewart and Yousry. (ph) (Entered: 07/30/2002)
07/22/2002 61 Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar as to Ahmed Abdel Sattar, from defense attorney Michael E. Tigar, Dated July 11, 2002, addressed to: Judge Koeltl, requesting the Court to specify which motion will be heard during the July 19, 2002 motion hearing...1. The Court will hear argument on both motions. The Court is also prepared to bear a status report on the case. 2. The argument/conference will be held in Courtroom 24A at 500 Pearl Street. (Signed by Judge John G. Koeltl; on 7/16/02); Copies mailed. (jb) (Entered: 07/22/2002)
07/23/2002 221 AFFIRMATION by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry Re: Christopher J. Morvillo, pursuant to Title 28 US Code, Section 1746 hereby declares under penalty of perjury: To submit this affirmation in connection with the Government's opposition to the motion of Defendant Lynne Stewart. (jw) (Entered: 09/23/2003)
07/24/2002 62 SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 07/24/2002)
07/29/2002 63 Filed Memo-Endorsement on letter: as to Lynne Stewart , from Michael E. Tigar, Atty for the defendant, Dated 7/25/02, addressed to: Judge Koeltl, Re: a request, to be permitted to file a brief letter response to the affidavit on or before August 1, 2002. Any response to the affidavit is to be filed by July 30, 2002. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 07/31/2002)
08/08/2002 64 Filed Memo-Endorsement on letter: as to Ahmed Abdel Sattar, from Barry M. Fallick, Atty for the dft, Dated 7/30/02, addressed to: Koeltl, Re: a request, to have Mr. Sattar's conditions of confinement modified. Consistent with the representation at the last conference, the Gov't should advise the Court what efforts are being made to ameliorate the conditions of confinement, in particular and assure sufficient access to counsel. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 08/09/2002)
08/09/2002 66 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of June 12, 2002, at 4:35 p.m, before Judge John G. Koeltl . (jb) (Entered: 08/12/2002)
08/12/2002 65 MEMORANDUM OPINION # 87265 as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry denying [44-1] motion to join [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; as to Lynne Stewart (3), denying [44-2] motion makes additional argument and suggests additional relief. as to Lynne Stewart (3), mooting [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; as to Ahmed Abdel Sattar (1), mooting [31-2] motion for such other and further relief as to this Court may deem just and proper. as to Ahmed Abdel Sattar (1)...For the foregoing reasons, the defendant Sattar's motion to compel disclosure of any non-court authorized electronic surveillance of his attorney-client meetings at the M.C.C. has been withdrawn. The other defendant's motions to compel disclosure to Sattar are denied as MOOT. Stewart's motions to compel disclosure of any ongoing electronic surveillance on Sixth Amendment grounds is DENIED. Stewart's motion for an evidentiary hearing with respect to the disclosure of a search warrant affidavit is DENIED.(Signed by Judge John G. Koeltl, on 8/6/02); Copies mailed. (jb) (Entered: 08/12/2002)
08/21/2002 67 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 08/22/2002)
08/21/2002 68 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 08/22/2002)
08/26/2002 69 ORDER as to Ahmed Abdel Sattar, is is hereby ordered that because of the anticipated length of trial in this case, CJA attorney(s) may submit interim vouchers for representation of his/their client. Each voucher is to cover a minimum of two (2) week period with the first voucher to include the period from the date of appointment. Judge Koeltl endorsed: The amount of discovery in this case is extraordinary and the trial preparation will be time consuming and complex. Interim vouchers are appropriate and necessary in this case. ( Signed by Judge John G. Koeltl on 8/21/02). (ph) (Entered: 08/27/2002)
08/28/2002 70 NOTICE OF MOTION by Lynne Stewart for an order reconsidering the Court's memorandum opinion and order of 8/6/02, and for such other relief as may be proper. Affirmation in support attached by Michael E. Tigar, Atty. Return Date not specified. (ja) Modified on 09/04/2002 (Entered: 09/03/2002)
08/29/2002   PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl . Defendant Sattar present with attorneys Kenneth Paul and Barry Fallick. Defendant Stewart present with attorneys Michael Tigar and Stephen Sommerstein. Defendant Yousry present with attorneys David Stern and David Ruhnke. AUSA Christopher Morvillo and Joseph Bianco. Reporter Guido Tascione. Pretrial conference adjourned to 10/3/02 at 4:30 p.m. Time is excluded from 8/29/02 to 10/3/02. Defendant Sattar continued detained. Bail continued for defendant's Stewart and Yousry. (ph) (Entered: 09/03/2002)
08/29/2002   PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry set at 4:30 10/3/02 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. (ph) (Entered: 09/03/2002)
09/04/2002 71 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 09/04/2002)
09/04/2002 72 Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Attorney Michael E. Tigar, addressed to: Judge Koeltl Re: requesting that the Court place in record the following letter briefs dated 6/27/02 and 7/29/02, Judge memo-endorsed: The Clerk is directed to file the attached documents. SO ORDERED. ( Signed by Judge John G. Koeltl on 8/29/02). (ph) (Entered: 09/05/2002)
09/04/2002 73 LETTER filed by Lynne Stewart From Attorney Michael E. Tigar, Dated 6/27/02, Addressed to: Judge Koeltl Re: submitting this letter brief in response to the government's letter of 6/26/02. (ph) (Entered: 09/05/2002)
09/04/2002 74 LETTER filed by Lynne Stewart From Attorney Michael E. Tigar, Dated 7/29/02, Addressed to: Judge Koeltl Re: submits this letter brief with attached exhibits in response to the government's 7/24/02, filing, and in accordance with the "so ordered" of 7/25/02. (ph) (Entered: 09/05/2002)
09/04/2002 75 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set scheduling order deadlines: Status Conference for 4:30 10/3/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , and to Continue in Interests of Justice time is excluded from 8/29/02 to 10/3/02 ...So Ordered. ( Signed by Judge John G. Koeltl ); Copies mailed. (ac) (Entered: 09/05/2002)
09/06/2002 76 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar for dates of July 19, 2002, before Judge John G. Koeltl. (jw) (Entered: 09/06/2002)
09/11/2002 77 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/11/2002)
09/11/2002 78 SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 09/11/2002)
09/12/2002 79 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/12/2002)
09/12/2002 80 SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 09/12/2002)
09/13/2002 81 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/16/2002)
09/20/2002 82 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 09/23/2002)
09/23/2002 83 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/23/2002)
09/23/2002 84 ORDER as to Lynne Stewart denying [70-1] motion for an order reconsidering the Court's memorandum opinion and order of 8/6/02, and for such other relief as may be proper. as to Lynne Stewart (3). By Notice of Motion dated 8/27/02 the defendant Lynne Stewart moved for reconsideration of this Court's 8/6/02 Order. The motion is denied. There is nothing in the motion or attachment that suggests that the factual representations to this Court were inaccurate. Moreover, there is nothing in the motion to suggest that the Court overlooked or misapprehended any issues of law or fact. ( Signed by Judge John G. Koeltl on 9/17/02); (ph) (Entered: 09/25/2002)
09/23/2002 85 Filed Memo-Endorsement on letter: as to Ahmed Abdel Sattar, from Barry Fallick, Atty for the dft, Dated 9/16/02, addressed to: Judge Koeltl, Re: problem, with the MCC. We are sorry to have to write again about another problem with the MCC. ... Each time we visit, it takes at least one hour to be processed. In addition, it takes at least 40 minutes to leave once we are finished. ... Like all attys, who visit clients charged with terrorist-related activities, we strongly believe that the time consuming process is deliberate and intentional. We urge the Court to schedule a hearing w/the appropriate MCC officials. 1) Counsel should raise this issue w/the Court at the next conference which is already scheduled in early October; and 2) Meanwhile the Gov't should provide a report to the Court within one week as to this complaint including the time that it takes to pass through security on entering and leaving the MCC. The Gov't should also report on whether there are any procedures available to streamline the process consistent w/the security needs of the MCC. SO ORDERED. ( Signed by Judge John G. Koeltl ) (ja) (Entered: 09/26/2002)
10/03/2002   PRETRIAL CONFERENCE as to Dft Ahmed Abdel Sattar, pres w/attys Kenneth Paul and Barry Fallick; dft Lynne Stewart, pres w/attys Michael Tigar and Stephen Somerstein; dft Mohammed Yousry pres w/atty David Ruhnke held before Judge John G. Koeltl. AUSAs Joe Bianco, Chris Morvillo and Robert Buehler. Rptr Michael D'Amato. Dfts motions 1/10/03. Gov't response 2/14/03. Dfts reply 3/7/03. Final PTC 9/5/03 at 4:00 p.m. Trial date 10/7/03. Time is excluded from 10/3/02 to 10/7/02. Dft Sattar cont'd detained. Dfts Stewart and Yousry cont'd on bail. Dft Yousry's bail extended to New Jersey. (ja) (Entered: 10/08/2002)
10/03/2002   ORAL ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry , set scheduling order deadlines: Motion Filing to 1/10/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion deadline 3/7/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 2/14/03 for USA ; Pretrial Conference for 4:00 9/5/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; Jury Trial for 10/7/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. ( Entered by Judge John G. Koeltl ) (ja) (Entered: 10/08/2002)
10/09/2002 86 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 8/29/02, before Judge John G. Koeltl . (df) (Entered: 10/09/2002)
10/10/2002 87 SPEEDY TRIAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, trial set for 10/7/03 at 9:00 a.m., dfts to file any pretrial motions is 1/10/03; the Govt's time to respond is extended to 2/14/03. The dft's replies, if any, shall be submitted by 3/7/03. Requests to charge and proposed voir dire shall be submitted by 8/12/03. Objections, if any, shall be submitted by 8/19/03. The parties are directed to appear for a conference on 9/5/03 at 4:00 p.m. The Court will hold a conference relating to Mr. Sattar on 10/18/02 at 11:30 a.m. Because the continuance until the trial date is needed because of the complexity of the case, the volume of discovery... time from today (10/3/02) until 10/7/03 is excluded from Speedy Trial Act calculations. Signed by Judge John G. Koeltl ); So Ordered. (ja) (Entered: 10/16/2002)
10/30/2002 88 SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 10/30/2002)
10/30/2002 89 SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 10/30/2002)
11/07/2002 90 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 11/08/2002)
11/15/2002 91 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/18/2002)
11/26/2002 92 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 12/03/2002)
12/03/2002 93 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for dates of 10/3/02 at 4:45 p.m., before Judge John G. Koeltl. (ph) (Entered: 12/04/2002)
12/04/2002 94 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 12/04/2002)
12/04/2002 95 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 12/04/2002)
12/06/2002 96 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 12/09/2002)
12/20/2002 97 Filed Memo-Endorsement on letter: by Lynne Stewart , from Michael Tigar, Dated 12/12/02, addressed to: Judge Koeltl Re: US v Lynne Stewart, We write to request an Order from Your Honor that the pretrial supervision of Lynne Stewart be terminated. ,....So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 12/20/2002)
01/09/2003 98 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 01/09/2003)
01/10/2003 99 MOTION by Lynne Stewart 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart , 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ... and for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper. Declaration by Michael E. Tigar, Atty, in support attached. Return Date not specified.(ja) Modified on 01/13/2003 (Entered: 01/13/2003)
01/10/2003 100 MEMORANDUM in support of [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart, [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ..., [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper. (ja) (Entered: 01/13/2003)
01/10/2003 101 MOTION by Lynne Stewart 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied , 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment , 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization , 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization , 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed... , 6) ...ordering production of the entire administrative record concerning all relevant SAMs , 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars... , 8) ordering a severance and separate trial for Lynne Stewart... and , 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. Affirmation in support attached. Return Date not specified. (ja) Modified on 01/13/2003 (Entered: 01/13/2003)
01/10/2003 102 MEMORANDUM in support of [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied, [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment, [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization, [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization, [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed..., [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs, [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars..., [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and, [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. (ja) (Entered: 01/13/2003)
01/10/2003 104 MOTION by Ahmed Abdel Sattar The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution , and Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning , and Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void , and to dismiss count 3 , and for discovery for count four , and to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act , and to sever co-defendant Mohammed Yousry , and for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum Return Date not specified (jw) (Entered: 01/14/2003)
01/10/2003 105 MEMORANDUM by Ahmed Abdel Sattar in support of [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, [104-4] motion to dismiss count 3, [104-5] motion for discovery for count four, [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, [104-7] motion to sever co-defendant Mohammed Yousry, [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum (jw) (Entered: 01/14/2003)
01/13/2003 103 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set status conference for 9:30 1/17/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ( Signed by Judge John G. Koeltl on 1/7/03); Copies faxed by Chambers. Microfilmed on 1/14/03 at 9:00 a.m. (ph) (Entered: 01/14/2003)
01/17/2003 106 Filed Memo-Endorsement on letter: by Lynne Stewart as to Lynne Stewart , from Stephen Somerstein, Dated 1/8/03, addressed to: Judge Koeltl Re: US v Lynne Stewart, Please be advised that I wish to withdraw my appearance as one of the Atty's for Lynne Stewart. ,...Application granted. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 01/17/2003)
01/17/2003 107 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset status conference for 2:30 1/24/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry SO ORDERED. ( Signed by Judge John G. Koeltl ) (ja) (Entered: 01/17/2003)
01/24/2003   PRETRIAL CONFERENCE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held before Judge John G. Koeltl. Defendant Sattar present with attorney Kenneth Paul and Barry Fallick. Defendant Stewart present with attorney Michael Tigar. Defendant Yousry present with attorneys David Stern and David Ruhnke. AUSA's Robin Baker and Christopher Morvillo. Reporter Bonnie Pruszinski. Final pretrial conference 12/12/03 at 9:30 a.m. Trial adjourned to 1/12/04 at 9:00 a.m. Time is excluded from 1/24/03 to 1/12/04. Defendant Sattar continued detained. Defendant Stewart and Yousry continued on bail. Hearing on motions 5/2/03 at 10:00 a.m. (ph) (Entered: 02/24/2003)
01/24/2003   ORAL ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry , set scheduling order deadlines: Pretrial Conference for 9:30 12/12/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; Jury Trial for 9:00 1/12/04 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry ; , and Motion hearing set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed..., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars..., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ..., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper., set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-4] motion to dismiss count 3, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-5] motion for discovery for count four, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-7] motion to sever co-defendant Mohammed Yousry, set for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry for [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum . ( Entered by Judge John G. Koeltl ) (ph) (Entered: 02/24/2003)
02/03/2003 108 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 02/03/2003)
02/10/2003 109 MEMORANDUM Of Law for the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Defendant Stewart's Motion to Dismiss Count Five (jw) (Entered: 02/14/2003)
02/13/2003 110 SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 02/14/2003)
02/19/2003 111 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The trial date is adjourned to 1/12/04 at 9:00am. The Govts time to respond to the Defts pre-trial motions is extended to 3/7/03. The Defts replies, if any, shall be submitted by 4/4/03. A hearing on the motions will be held 5/2/03 at 10:00am. Requests to Charge, proposed Voir Dire, and proposed Jury Questionnaires shall be submitted by 12/1/03. Objections, if any, shall be submitted by 12/8/03. The parties are directed to appear for a final pre-trial conference on 12/12/03 at 9:30am. The Court excludes time from today, 1/24/03, until 1/12/04 from Speedy Trial Act calculations. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 02/20/2003)
02/19/2003   ORAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , set scheduling order deadlines: Jury Trial for 9:00 1/12/04 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion deadline 4/4/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 3/7/03 for USA ; Pretrial Conference for 9:30 12/12/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Status Conference for 10:00 5/2/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , and to Continue in Interests of Justice time is excluded from 1/24/03 to 1/23/04 ( Entered by Judge John G. Koeltl ) (ac) (Entered: 02/20/2003)
02/25/2003 112 SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 02/25/2003)
02/28/2003 113 TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for dates of January 24, 2003, before Judge John G. Koeltl . (dt) (Entered: 02/28/2003)
02/28/2003 114 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 03/03/2003)
03/05/2003 115 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 03/05/2003)
03/05/2003 116 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 03/05/2003)
03/07/2003 118 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from Robin L. Baker/Christopher J. Morvillo, AUSAs, Dated 3/3/03, addressed to: Judge Koeltl, Re: requesting an additional two weeks to file opposition to the dfts pretrial motions: accordingly, to reset scheduling order deadlines: Reply to response to motion deadline 4/18/03 for Ahmed Sattar, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 3/21/03 for USA ; and oral argument remains scheduled for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. Application granted. Govt's response due 3/21/03, defense reply due 4/18/03, oral argument remains scheduled for 5/2/03 at 10:00 a.m. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 03/10/2003)
03/10/2003 117 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 03/10/2003)
03/13/2003 119 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 03/13/2003)
03/19/2003 120 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 03/20/2003)
03/19/2003 121 SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 03/20/2003)
03/19/2003 122 SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 03/20/2003)
03/19/2003 123 NOTICE of Appearance for Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry by Attorney Steven P. Ragland. (ph) (Entered: 03/21/2003)
03/21/2003 124 Filed Memo-Endorsement on letter: by Lynne Stewart , from Steven P. Ragland, Dated March 19, 2003, addressed to: Judge Koeltl Re: Attorney Appearance, for Steven P. Ragland to appear pro hac vice Judge's Decision: Application to appear pro hac vice granted. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 03/24/2003)
03/21/2003 125 MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Lynne Stewart in opposition to [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied, [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment, [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization, [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization, [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed..., [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs, [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars..., [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and, [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper., [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart, [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ..., [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper., [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, [104-4] motion to dismiss count 3, [104-5] motion for discovery for count four, [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, [104-7] motion to sever co-defendant Mohammed Yousry, [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum. (ph) (Entered: 03/24/2003)
03/28/2003 126 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Robin L. Baker/Christopher J. Morvillo, AUSAis, Dated 3/21/03, addressed to: Judge Koeltl, Re: Govt's Memorandum of Law In Opposition To Defendants' Pretrial Motions, ..., because of delays in the Foreign Intelligence Surveillance Court ("FISC"), the Government was unable to respond to the dft's motion to suppress the evidence obtained through electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act ("FISA"). ... Based on the foregoing, the Gov't requests that it have until 4/18/03 to file these additional materials. Application granted. SO ORDERED. ( Signed by Judge John G. Koeltl ) (ja) (Entered: 03/31/2003)
04/02/2003 127 ORDER as to Ahmed Abdel Sattar, the Court has received the attached correspondence from defense counsel relating to conditions for visiting Mr. Sattar. The government is directed to obtain promptly a written response from the MCC to these complaints and to submit that response to the Court and counsel. ( Signed by Judge John G. Koeltl on 3/31/03); Microfilmed on 4/2/03 at 3:00 p.m. (ph) (Entered: 04/02/2003)
04/10/2003 128 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 04/10/2003)
04/14/2003 129 SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 04/14/2003)
04/14/2003 130 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 04/14/2003)
04/17/2003 131 Filed Memo-Endorsement on letter: by Mohammed Yousry , from David Stern, Dated April 4, 2003, addressed to: Judge Koeltl Re: To Travel, to Travel to Chatanooga, Tennessee from May 2, 2003 through May 7, 2003 Judge's Decision; Application granted. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 04/17/2003)
04/17/2003 132 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court forwards to the parties the attached letter from the MCC. The Court does not see a need to proceed further on this issue at this time. Counsel should feel free to raise the issue again if the problem continues. The problem should be raised first with the MCC, but if no resolution occurs may of course be raised with the Court. So Ordered. ( Signed by Judge John G. Koeltl ); (letter attached) (ac) (Entered: 04/18/2003)
04/21/2003 133 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from AUSA Robin Baker, Dated 4/14/03, addressed to: Judge Koeltl Re: US v Sattar, et al, reset and consolidate oral argument 9:30 6/13/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , and reset scheduling order deadlines: Reply to response to motion deadline 5/16/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 5/2/03 for USA ; ,...Application granted. Schedule approved. Oral argument on all motions rescheduled to 6/13/03 at 9:30am. Courtroom will be announced subsequently. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 04/22/2003)
04/24/2003 134 MEMORANDUM by Ahmed Abdel Sattar in support of [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, [104-4] motion to dismiss count 3, [104-5] motion for discovery for count four, [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, [104-7] motion to sever co-defendant Mohammed Yousry, [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum (ja) (Entered: 04/25/2003)
04/25/2003 135 Declaration of Michael E. Tigar in Support of Lynne Stewart's Reply Memoranda (jw) (Entered: 04/28/2003)
04/25/2003 136 Lynne Stewart's Reply Memorandum of Law (jw) (Entered: 04/28/2003)
04/28/2003 137 MEMORANDUM by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in support of [101-5] motion (to dismiss count 5) ( 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed... (ph) (Entered: 04/30/2003)
04/30/2003 138 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/01/2003)
05/01/2003 139 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/01/2003)
05/02/2003 140 MEMORANDUM by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in opposition to [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. (ph) (Entered: 05/07/2003)
05/09/2003 141 Petition for Judicial Determination of the Legality of Electronic Surveillances by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (ac) (Entered: 05/13/2003)
05/09/2003 222 Declaration and Claim of Privilege of the Attorney General of the United States as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (rag) Modified on 09/23/2003 (Entered: 09/23/2003)
05/14/2003 142 SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 05/14/2003)
05/14/2003 143 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003 144 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003 145 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003 146 MOTION by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for Order establishing Procedures regarding Classified Information. Return Date not specified. Declaration of Roblin L. Baker attached. (ph) (Entered: 05/19/2003)
05/15/2003 147 MEMORANDUM by Ahmed Abdel Sattar in support of [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act. (ph) (Entered: 05/20/2003)
05/16/2003 148 REPLY by Lynne Stewart to Government's 5/2/03 opposition concerning FISA surveillance. (ph) (Entered: 05/20/2003)
05/19/2003 149 Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 5/5/03, addressed to: Judge Koeltl Re: requesting an extension of time until 5/9/03 to submit classified documents to the court, granting the extension of time...Judge memo-endorsed: In view of the brief delay, the application for an extension is granted. The Court cautions, however, that time deadlines should be complied with in this first instance and not extended. ( Signed by Judge John G. Koeltl on 5/5/03); Microfilmed on 5/20/03 at 9:00 a.m. (ph) (Entered: 05/20/2003)
05/19/2003 150 ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Oral argument on the pending motions shall be heard on 6/13/03 at 9:30am. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 05/21/2003)
05/19/2003   ORAL ARGUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry set for 9:30 6/13/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry (ac) (Entered: 05/21/2003)
05/29/2003 151 SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/30/2003)
05/29/2003 152 SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: