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

04/08/20021SEALED 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)
04/08/20022 Arrest WARRANT issued as to Sealed Defendant 1 (jm) (Entered: 04/10/2002)
04/08/20023 Arrest WARRANT issued as to Sealed Defendant 2 (jm) (Entered: 04/10/2002)
04/08/20024 Arest WARRANT issued as to Sealed Defendant 3 (jm) (Entered: 04/10/2002)
04/08/20025 Arest WARRANT issued as to Sealed Defendant 4 (jm) (Entered: 04/10/2002)
04/09/20026ORDER 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)
04/09/20027NOTICE of Appearance for Ahmed Abdel Sattar by Attorney Kenneth Paul (jb) (Entered: 04/11/2002)
04/09/20028Order of advice of penalties and sanctions as to Lynne Stewart () (jb) (Entered: 04/11/2002)
04/09/200210 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)
04/09/200211Order of advice of penalties and sanctions as to Mohammed Yousry () (jb) (Entered: 04/11/2002)
04/09/200212PRB 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)
04/09/200214CJA 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)
04/11/20029NOTICE of Appearance for Lynne Stewart by Attorney Susan V. Tipograph (jb) (Entered: 04/11/2002)
04/11/200213NOTICE 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)
04/18/200215ORDER 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)
04/18/200216ORDER 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)
04/18/200217ORDER 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)
04/18/200218SPEEDY 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)
04/23/200219Filed 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)
04/29/200220SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 04/29/2002)
04/30/200221PROTECTIVE 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)
04/30/200222Filed 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)
05/06/200223AFFIRMATION 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)
05/06/200224AFFIRMATION 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)
05/06/200225MEMORANDUM 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)
05/08/200226Filed 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)
05/08/200227Filed 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)
05/10/200228SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 05/13/2002)
05/15/200229Filed 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)
05/15/200230Filed 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)
06/04/200231MOTION 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)
06/04/200232MEMORANDUM 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)
06/05/200233ORDER 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)
06/05/200234ORDER 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)
06/05/200235Filed 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)
06/05/200236Filed 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)
06/06/200237TRANSCRIPT 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)
06/06/200238TRANSCRIPT 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)
06/06/200239TRANSCRIPT 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)
06/11/200240OPINION 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)
06/13/200241SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 06/14/2002)
06/17/200242TRANSCRIPT 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)
06/17/200244MOTION 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)
06/18/200243ORDER 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)
06/19/200245NOTICE of Appearance for Lynne Stewart by Attorney Stephen A. Somerstein. (ph) (Entered: 06/20/2002)
06/20/200246Filed 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)
06/20/200247ORDER 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)
06/20/200248ORDER 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)
06/21/200250GOVERNMENT'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)
06/24/200249Filed 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)
06/26/200251Filed 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)
06/26/200252REPLY 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)
06/28/200253LETTER 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)
07/02/200255TRANSCRIPT 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)
07/03/200254SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 07/03/2002)
07/08/200256Filed 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)
07/15/200257ORDER 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)
07/15/200258ORDER 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)
07/18/200259SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 07/18/2002)
07/18/200260SEALED 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)
07/22/200261Filed 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)
07/23/2002221AFFIRMATION 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)
07/24/200262SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 07/24/2002)
07/29/200263Filed 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)
08/08/200264Filed 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)
08/09/200266TRANSCRIPT 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)
08/12/200265MEMORANDUM 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)
08/21/200267SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 08/22/2002)
08/21/200268SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 08/22/2002)
08/26/200269ORDER 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)
08/28/200270NOTICE 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)
09/04/200271SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 09/04/2002)
09/04/200272Filed 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)
09/04/200273LETTER 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)
09/04/200274LETTER 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)
09/04/200275ORDER 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)
09/06/200276TRANSCRIPT 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)
09/11/200277SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/11/2002)
09/11/200278SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 09/11/2002)
09/12/200279SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/12/2002)
09/12/200280SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 09/12/2002)
09/13/200281SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 09/16/2002)
09/20/200282SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 09/23/2002)
09/23/200283SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/23/2002)
09/23/200284ORDER 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)
09/23/200285Filed 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)
10/09/200286TRANSCRIPT 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)
10/10/200287SPEEDY 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)
10/30/200288SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 10/30/2002)
10/30/200289SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 10/30/2002)
11/07/200290SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 11/08/2002)
11/15/200291SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/18/2002)
11/26/200292SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 12/03/2002)
12/03/200293TRANSCRIPT 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)
12/04/200294SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 12/04/2002)
12/04/200295SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 12/04/2002)
12/06/200296SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 12/09/2002)
12/20/200297Filed 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)
01/09/200398SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 01/09/2003)
01/10/200399MOTION 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)
01/10/2003100MEMORANDUM 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)
01/10/2003101MOTION 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)
01/10/2003102MEMORANDUM 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)
01/10/2003104MOTION 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)
01/10/2003105MEMORANDUM 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)
01/13/2003103ORDER 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)
01/17/2003106Filed 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)
01/17/2003107ORDER 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)
02/03/2003108SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 02/03/2003)
02/10/2003109MEMORANDUM 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)
02/13/2003110SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 02/14/2003)
02/19/2003111ORDER 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)
02/25/2003112SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 02/25/2003)
02/28/2003113TRANSCRIPT 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)
02/28/2003114SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 03/03/2003)
03/05/2003115SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 03/05/2003)
03/05/2003116SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 03/05/2003)
03/07/2003118Filed 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)
03/10/2003117SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 03/10/2003)
03/13/2003119SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 03/13/2003)
03/19/2003120SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 03/20/2003)
03/19/2003121SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 03/20/2003)
03/19/2003122SEALED DOCUMENT as to Lynne Stewart (js) (Entered: 03/20/2003)
03/19/2003123NOTICE of Appearance for Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry by Attorney Steven P. Ragland. (ph) (Entered: 03/21/2003)
03/21/2003124Filed 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)
03/21/2003125MEMORANDUM 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)
03/28/2003126Filed 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)
04/02/2003127ORDER 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)
04/10/2003128SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 04/10/2003)
04/14/2003129SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 04/14/2003)
04/14/2003130SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 04/14/2003)
04/17/2003131Filed 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)
04/17/2003132ORDER 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)
04/21/2003133Filed 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)
04/24/2003134MEMORANDUM 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)
04/25/2003135Declaration of Michael E. Tigar in Support of Lynne Stewart's Reply Memoranda (jw) (Entered: 04/28/2003)
04/25/2003136Lynne Stewart's Reply Memorandum of Law (jw) (Entered: 04/28/2003)
04/28/2003137MEMORANDUM 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)
04/30/2003138SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/01/2003)
05/01/2003139SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/01/2003)
05/02/2003140MEMORANDUM 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)
05/09/2003141Petition 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)
05/09/2003222Declaration 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)
05/14/2003142SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 05/14/2003)
05/14/2003143SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003144SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003145SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
05/14/2003146MOTION 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)
05/15/2003147MEMORANDUM 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)
05/16/2003148REPLY by Lynne Stewart to Government's 5/2/03 opposition concerning FISA surveillance. (ph) (Entered: 05/20/2003)
05/19/2003149Filed 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)
05/19/2003150ORDER 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)
05/29/2003151SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/30/2003)
05/29/2003152SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 05/30/2003)
05/30/2003153ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, establishing procedures regarding classified information . ( Signed by Judge John G. Koeltl on 5/16/03); Microfilmed on 6/2/03 at 9:00 a.m. (ph) (Entered: 06/02/2003)
05/30/2003154SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 06/03/2003)
06/06/2003156ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Argument on all pending motions will be held on 6/13/03 at 9:30am in Courtroom 26B. The Deft's and the Govt will each have 90 minutes for argument. The Deft's may divide argument time as they choose among themselves. The parties may choose to reserve time for reply. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 06/09/2003)
06/06/2003�ORAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , set oral argument 9:30 6/13/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ( Entered by Judge John G. Koeltl ) (ac) (Entered: 06/09/2003)
06/06/2003157Filed Memo-Endorsement on letter: as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Michael E. Tigar, of Counsel to: The Tigar Law Firm, Dated 5/21/03, addressed to: Judge Koeltl, Re: the Govt's Notice of Motion for Order Establishing Procedures Regarding Classified Information, The Notice was filed 5/14/03, and served by Federal Express on counsel. The Court signed the Govt's proposed Order on 5/16/03 before noon, before we had a change to comment. We are therefore taking the opportunity to address the relevant issues. We ask that this letter be made a part of the court record. The application for reconsideration or rehearing is DENIED. The Court's prior Order was not contrary to law or unconstitutional and was fully consistent with law. SO ORDERED. ( Signed by John G. Koeltl ); (ja) (Entered: 06/10/2003)
06/09/2003155SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 06/09/2003)
06/09/2003158REPLY MEMORANDUM REGARDING 3/19/03 MOTION TO SUPPRESS by Lynne Stewart in support of [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. (ac) (Entered: 06/10/2003)
06/12/2003159SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 06/12/2003)
06/17/2003160ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, there are two motions that the parties wish to brief at this time. The parties should submit opening briefs to the Court by 6/20/03. Responses are due 6/27/03. Replies, if any, shall be submitted by 7/3/03. ( Signed by Judge John G. Koeltl on 6/13/03); Microfilmed on 6/17/03 at 12:00 p.m. (ph) (Entered: 06/17/2003)
06/18/2003161Filed Memo-Endorsement on letter: as to Lynne Stewart, from Michael E. Tigar, on behalf of Ms. Stewart, Dated 6/9/03, addressed to: Judge Koeltl, Re: topics for the motion hearing, If it fits the Court's convenience, each dft might present argument on each topic, followed by the Govt's argument on that topic, followed by rebuttal. We will of course be guided by the Court wishes: First Amendment Issues/Failure to State An Offense/Bill of Particulars, Judicial Review Issues/Governmental Secrecy, FISA and Other Search Issues Not Discussed Above, Lynne Stewart Severance Motion, and Lynne Stewart Motion re Broken Bargain. The dfts will have 90 minutes for argument that they may divide among themselves as they wish on all issues. They may reserve any time for rebuttal. The defense arguments will be followed by the Govt's 90 minutes on all issues. The Court leaves other parties the order in which they wish to address any issues. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 06/19/2003)
06/20/2003162NOTICE OF MOTION by Ahmed Abdel Sattar for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. Affirmation in support attached. Return Date not specified. (ja) Modified on 06/20/2003 (Entered: 06/20/2003)
06/20/2003163MEMORANDUM by Ahmed Abdel Sattar in support of [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. (ja) (Entered: 06/20/2003)
06/20/2003164NOTICE OF MOTION by Lynne Stewart for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum, a writ cum causa, or, in the alternative, a mandatory injunction. Affirmation in support attached. Return Date not specified. (ja) (Entered: 06/20/2003)
06/20/2003165NOTICE OF MOTION by USA as to Ahmed Abdel Sattar for an Order authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar (ac) (Entered: 06/23/2003)
06/20/2003166MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar in support of [165-1] motion authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar (ac) (Entered: 06/23/2003)
06/27/2003167MEMORANDUM OF LAW by Lynne Stewart in opposition to the government's Memorandum of Law in support of motion for an order authorizing disclosure of potentially privileged materials and Lynne Stewart's Cross-Motion for disclosure, for sequestration, for return of property, for suppresssion, and for appointment of a Special Master. (ph) (Entered: 06/27/2003)
07/03/2003169MEMORANDUM by USA as to Ahmed Abdel Sattar in opposition to [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. (jw) (Entered: 07/07/2003)
07/03/2003170Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart , from Robin L. Baker & Christopher J, Dated July 2, 2003, addressed to: Judge Koeltl Re: To Extend time, Respectfully to ask the Court to extend for one additional day, until tomorrow, July 3, 2003 Judge's Decision: Application granted. The defendants time to reply is also extended for 1 additional day. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 07/07/2003)
07/03/2003171Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, from Robin L. Baker, Christopher J. Morvillo and Anthony S. Barkow, AUSAs, Dated 6/26/03, addressed to: Judge Koeltl, Re: a request, of the Court to extend time until Wednesday, July 2, 2003, the Govt's time to respond to the motions by dfts Ahmed Abdel Sattar and Lynne Stewart seeking access to Ahmed Abdel Rahman. The Govt's response is currently due tomorrow, June 27, 2003. Application Granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 07/08/2003)
07/07/2003168Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart , from AUSAs Robin L. Baker/Christopher, Dated 7/3/03, addressed to: Judge Koeltl Re: in connection with the government's request for an adjustment, the government consents to Stewart filing any reply to its opposition of Stewart's cross-motion on 7/21/03. The parties confirm that the defendant's reply brief on that motion is now due on 7/15/03....Judge memo-endorsed: Application granted. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 7/7/03 at 12:00 p.m.] (ph) Modified on 07/07/2003 (Entered: 07/07/2003)
07/07/2003172Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, from: Robin L. Baker, Christopher J. Morvillo, and Anthony S. Barkow, AUSAs, Dated 7/2/03, addressed to: Judge Koeltl, Re: the Government's motion for an Order Authorizing Disclosure of Potentially Privileged Materials to Dft Ahmed Abdel specifically, we write to ask the Court to adjust the briefing schedule to allow the filing of the Govt's reply brief on Monday, July 14, 2003, so that it may incorporate its response to dft Lynne Stewart's cross-motion filed on 6/27/03. Application Granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 07/08/2003)
07/14/2003173MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar in support of [165-1] motion authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar (ac) (Entered: 07/16/2003)
07/14/2003�MEMORANDUM of LAW by USA as to Lynne Stewart in opposition to Deft Stewart's Cross-Motion. (see doc.# 173 ) (ac) (Entered: 07/16/2003)
07/14/2003175RESPONSE by Ahmed Abdel Sattar in support of [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum, and in opposition to the Government's Memorandum of Law. (ja) (Entered: 07/16/2003)
07/15/2003174REPLY by Lynne Stewart to Government's response to defendants' motions regarding Ahmed Abdel Rahman. (ph) (Entered: 07/16/2003)
07/17/2003176SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 07/17/2003)
07/18/2003194TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of June 13, 2003, before Judge John G. Koeltl . (jw) (Entered: 08/21/2003)
07/22/2003177ORDER granting [146-1] motion for Order establishing Procedures regarding Classified Information. as to Ahmed Abdel Sattar (1), Lynne Stewart (3), Mohammed Yousry (4). The goverment's application to make a filing by 8/5/03 containing classified information in opposition to the defendant's motion for access to Ahmed Abdel Rahman is granted. The objection is overruled. See order dated 5/16/03. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 07/22/2003)
07/22/2003178MEMORANDUM OPINION # 88788 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry mooting [164-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum, a writ cum causa, or, in the alternative, a mandatory injunction. as to Lynne Stewart (3), mooting [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. as to Ahmed Abdel Sattar (1), denying [165-1] motion authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar as to Ahmed Abdel Sattar (1),, denying [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied as to Lynne Stewart (3), mooting [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment as to Lynne Stewart (3), mooting [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization as to Lynne Stewart (3), mooting [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization as to Lynne Stewart (3), mooting [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed... as to Lynne Stewart (3), mooting [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs as to Lynne Stewart (3), denying [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars... as to Lynne Stewart (3), denying [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and as to Lynne Stewart (3), denying [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. as to Lynne Stewart (3), granting [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart as to Lynne Stewart (3), mooting [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ... as to Lynne Stewart (3), denying [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper. as to Lynne Stewart (3), mooting [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution as to Ahmed Abdel Sattar (1), granting [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning as to Ahmed Abdel Sattar (1), mooting [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void as to Ahmed Abdel Sattar (1), denying [104-4] motion to dismiss count 3 as to Ahmed Abdel Sattar (1), denying [104-5] motion for discovery for count four as to Ahmed Abdel Sattar (1), mooting104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act as to Ahmed Abdel Sattar (1), denying [104-7] motion to sever co-defendant Mohammed Yousry as to Ahmed Abdel Sattar (1), denying [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum as to Ahmed Abdel Sattar (1). The Court has considered all of the argument raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. ( Signed by Judge John G. Koeltl ); [ Microfilmed on 7/23/03 at 3:00 p.m.] (ph) (Entered: 07/22/2003)
07/22/2003179Lynne Stewart's Reply to Government's Opposition to her cross-motion (ja) (Entered: 07/24/2003)
07/24/2003180Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from Attorney Michael E. Tigar, Dated 7/21/03, addressed to: Judge Koeltl Re: requesting leave to file our reply in support of our cross-motion tomorrow, 7/22/03, rather than today, 7/21/03, Judge memo-endorsed: Application granted. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 7/25/03 at 9:00 a.m.] (ph) (Entered: 07/25/2003)
07/25/2003183SEALED DOCUMENT as to Lynne Stewart. (dcap) (Entered: 08/19/2003)
07/25/2003184SEALED DOCUMENT as to Lynne Stewart. (dcap) (Entered: 08/19/2003)
07/28/2003181SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/28/2003)
07/29/2003182SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 07/29/2003)
07/30/2003185SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/30/2003)
07/30/2003186SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/30/2003)
07/31/2003187ORDER as to Lynne Stewart, the Court has become aware of a typographical error in the Opinion and Order issued in this case on 7/22/03. The part of the Opinion and Order addressing defendant Stewart's motion for an evidentiary hearing was previously numbered Part VII on page 75 of the Opinion and Order. The part should have been labeled Part VIII. The Clerk is requested to substitute the enclosed page 75 for the page 75 that is currently included in the Opinion an Order. ( Signed by Judge John G. Koeltl ); [Microfilmed on 7/31/03 at 12:00 p.m.] (Page replaced on 7/31/03). (ph) Modified on 07/31/2003 (Entered: 07/31/2003)
08/01/2003�Bail hearing as to Ahmed Abdel Sattar held before Judge John G. Koeltl . Deft present w/ Atty's Kenneth Paul and Barry Fallick. AUSA's Robin Baker and Chris Morvillo. Ct Rptr present. Defts motion for bail is denied. Deft cont'd remanded. (ac) (Entered: 08/18/2003)
08/04/2003188ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The motion for access to Ahmed Abdel Rahman is fully briefed with the exception of a classified filing by the Gov't which was to be filed by 8/5/03. The Court extends the deadline for the classified filing by the Gov't until 8/25/03 at which time the motion will be fully briefed. Any other applications in connection with the sheduling of the briefing and timing of the motion are denied. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/04/2003)
08/13/2003189ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, a hearing is scheduled for Tuesday, August 26, 2003 at 10:00 a.m. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/14/2003)
08/14/2003190SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 08/14/2003)
08/19/2003191NOTICE OF APPEAL by USA as to Ahmed Abdel Sattar , [178-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Barry M. Fallick, Esq., David A. Ruhnke, Esq., Michael E. Tigar, Esq., Kenneth A. Paul, Esq. and David Stern, Esq. (dt) (Entered: 08/19/2003)
08/19/2003�Notice of Appeal with copy of order/judgment and two copies of docket entries as to Ahmed Abdel Sattar transmitted to USCA re: [191-1] appeal on 8/19/03. (dt) (Entered: 08/19/2003)
08/19/2003192NOTICE OF APPEAL by USA as to Lynne Stewart , [178-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Barry M. Fallick, Esq., David A. Ruhnke, Esq., Michael E. Tigar, Esq., Kenneth A. Paul, Esq. and David Stern, Esq. (dt) (Entered: 08/19/2003)
08/19/2003�Notice of Appeal with copy of order/judgment and two copies of docket entries as to Lynne Stewart transmitted to USCA re: [192-1] appeal on 8/19/03. (dt) (Entered: 08/19/2003)
08/19/2003193NOTICE OF APPEAL by USA as to Mahammed Yousry , [178-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Barry M. Fallick, Esq., David A. Ruhnke, Esq., Michael E. Tigar, Esq., Kenneth A. Paul, Esq. and David Stern, Esq. (dt) (Entered: 08/19/2003)
08/19/2003�Notice of Appeal with copy of order/judgment and two copies of docket entries as to Mohammed Yousry transmitted to USCA re: [193-1] appeal on 8/19/03. (dt) (Entered: 08/19/2003)
08/21/2003195ORDER as to Lynne Stewart, The Court issued an Order for the Govt to respond by 8/15/03 to Deft Stewart's letter application dated 8/6/03 for an Order requiring the production of documents from the Govt in connection with the hearing previously scheduled for 8/26/03. The Govt has not responded and it is not clear that the Order was distributed to the parties. The Govt should respond to the defts application by 8/26/03. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 08/22/2003)
08/21/2003196Filed Memo-Endorsement on letter: by USA as to Lynne Stewart, from Robin L. Baker, AUSA, Dated 8/5/03, addressed to: Judge Koeltl, Re: a request, of the Court to approve a briefing schedule for the motion Stewart filed on 7/25/03 which seeks an evidentiary hearing "on government noncompliance with discovery obligations...." The Government asks the Court to permit the Government to file its opposition on 8/22/03 and Mr. Ragland also advised me that Stewart asks to file her reply on 9/5/03. The Government consents to this request , and the Government respectfully asks permission to file its opposition to the Motion under seal, and asks the Court to direct that Stewart's reply be filed under seal. 1) Government's response due 8/22/03; Stewart's Reply due 9/5/03. Papers to be filed under seal; and 2) Letters dated 7/25/03 and Court Order dated 7/25/03 as described herein, not to be filed under seal. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/22/2003)
08/21/2003197ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Govt's request for an adjournment of the hearing currently scheduled for 8/26/03 is granted. The Court will set a date for the hearing before the end of August. So Ordered. ( Signed by Judge Denny Chin, part I ); (ac) Modified on 08/22/2003 (Entered: 08/22/2003)
08/22/2003198Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 8/20/03, addressed to: Judge Re: following up on yesterday's letter requesting a brief adjournment of the government's time to respond to the Court's ex parte, Order dated 8/13/03, extending time for the government to respond...Judge memo-endorsed: Application granted. Time to submit the classified filing extended to 8/25/03. Because this Order and the government's 8/19 letter and this 8/20 letter do not contain classified information, all are to be filed in the public file and the government should assure copies are copies to defense counsel. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 8/22/03 at 12:00 p.m.] (ph) (Entered: 08/22/2003)
08/22/2003199Filed Memo-Endorsement on letter: by Lynne Stewart , from Steven Ragland, Dated 8/20/03, addressed to: Judge Koeltl Re: US v Lynne Stewart, requesting permission for Deft Stewart to Travel to Dublin, Ireland next month ,...So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 08/22/2003)
08/22/2003200ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court has received the enclosed letter that it now forwards to counsel for the defendants and the Government ( Signed by Judge John G. Koeltl ); (jw) (Entered: 08/25/2003)
08/25/2003203MEMORANDUM OF LAW by USA as to Lynne Stewart in opposition to Deft Stewart's Discovery Motion in Connection with Hearing on Purported Immunity Agreement. (ac) (Entered: 08/27/2003)
08/26/2003201ORDER as to Lynne Stewart, By letter dated 8/22/03, which the Court filed under seal, the Government requests an extension of time until 9/5/03 to respond to dft Stewart's motion concerning discovery. The extension is granted. , and this Order is not being filed under seal. Any response to the Govt's letter referring to any materials subject to the protective order is to be filed under seal. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/26/2003)
08/26/2003204SEALED DOCUMENT as to Ahmed Abdel Sattar (js) (Entered: 08/29/2003)
08/27/2003202SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 08/27/2003)
08/29/2003205ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset scheduling order deadlines: Status Conference for 10:00 9/22/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , Deft Stewart may submit a reply to the Govt memo dated 8/25/03 relating to the discovery motion in connection with the hearing by 9/3/03 , and by 9/3/03, the Govt shall also advise the Court of the status of any applications to the Court of Appeals in connection with the progress of any proceedings in this Court. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 09/02/2003)
09/03/2003206REPLY MEMORANDUM by Lynne Stewart in support of Her Motion to Compel Production of Materials Related to the Non-Prosecution Agreement and the Scheduled Evidentiary Hearing. (ac) (Entered: 09/04/2003)
09/08/2003207Filed Memo-Endorsement on letter: by USA as to Lynne Stewart , from Robin L. Baker & Christopher J, Dated September 5, 2003, addressed to: Judge Koeltl Re: Requesting extension of time, reset scheduling order deadlines: Response to motion deadline 9/8/03 for USA ; Judge's Decision: Application granted. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 09/09/2003)
09/09/2003208SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 09/09/2003)
09/09/2003209SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/09/2003)
09/09/2003210ORDER as to Lynne Stewart, The Court has received original copies of the Government's papers in opposition to defendant Stewart's July 25, 2003 Motion Regarding Electronic Surveillance Evidence. The Court will file the papers under seal. The Government should submit courtesy copies to the Court. SO ORDERED ( Signed by Judge John G. Koeltl ); (jw) (Entered: 09/10/2003)
09/11/2003211ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, the Court has issued an order dated today requesting the government to submit certain additional information in connection with the FISA filings. The material should be filed ex parte for in camera review subject to appropriate security classification. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/11/03 at 3:00 p.m.] (ph) (Entered: 09/12/2003)
09/15/2003212ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, the Court has today issued an Opinion and Order relating to the current motions concerning FISA issues. The Court hs also filed an Order ex parte and under seal dealing with classified aspects of the FISA issues. That Order does not change the conclusions of the published Opinion and Order in any way. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/16/03 at 9:00 a.m.] (ph) (Entered: 09/16/2003)
09/15/2003214ORDER as to Lynne Stewart, dft Stewart asks the Court to order the disclosure of material that the Government allegedly refuses to provide. Stewart seeks the material in order to prepare for the evidentiary hearing regarding whether the Government entered into a non-prosecution agreement with Stewart that would preclude the current prosecution. The defendant's motion is denied. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 09/16/2003)
09/15/2003215MEMORANDUM OPINION # 89049 as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, all of the defendant's motions to suppress the fruits of the FISA evidence are denied. The government's motion is granted. The Court has conducted an ex parte, in camera review of the materials submitted by the government and finds that the FISA surveillance was lawfully authorizied and executed. The court will not disclose those materials to the defendants. The Government may provide Sattar with those portions of the Prison Recordings and Yousry Notebooks that have been redacted so as not to contain material covered potentially by the attorney-client privilege or the work-product doctrine. When the Government taint team has completed the redactions, the Government should provide the Court with the portions that the Government taint team believes may contain privileged material for the Court's review and potential disclosure to Sattar. Fnally, Stewart's motion for disclosure, sequestration, return of property, suppression, appointment of a Special Master and for an evidentiary hearing is denied in its entirety. The court has considered all of the arguments raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/16/03 at 9:00 a.m.] (ph) (Entered: 09/17/2003)
09/16/2003213SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/16/2003)
09/17/2003216NOTICE of Appearance for Lynne Stewart by Attorney Jill R. Shellow-Lavine. (ph) (Entered: 09/19/2003)
09/17/2003217NOTICE OF MOTION by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information (ac) (Entered: 09/19/2003)
09/17/2003218UNCLASSIFIED MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry in support of motion [217-1] To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information (ac) (Entered: 09/19/2003)
09/17/2003220LETTER filed by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, From Robin L. Baker, Christopher J. Morvillo, & Anthony S. Barkow, AUSAs, Dated 9/17/03, Addressed to: Judge Koeltl, Re: the Gov't respectfully requests that the Court enter a protective order denying disclosure of the Fitzgerald Memoranda, pursuant to Rule 26.2(c) and, as appropriate, Section 4 of CIPA. Additionally, for the same reasons, the Gov't respectfully asks the Court to preclude cross-examination of Mr. Fitzgerald w/respect to the subject matter of the Fitzgerald Memoranda. (ja) (Entered: 09/22/2003)
09/19/2003219SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/19/2003)
09/22/2003224ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. 1. The Court has received a letter from The New York Times which seeks disclosure of documents in connection with deft Stewart's motion relating to certain evidence. The Court has received a letter dated Sept. 19 from Stewart's counsel with respect to that application. The Govt and counsel for the remaining defts (if they choose) should provide the Court with any comments by 9/23/03. The Court notes that deft Stewart's response to the motion is only scheduled to be filed under seal on 9/29/03. The Court also notes that the parties may wish to confer on the issue, perhaps with counsel for The Times, because it may be that only portions of the documents should remain under seal. 2. The Court has received the Govt's motions dated 9/17/03 relating to the Fitzgerald Memoranda. In view of the date for the evidentiary hearing, deft Stewart should respond by 9/23/03, and the Govt should reply by 9/24/03. All papers should be served by fax with a courtesy copy to the Court by fax. ( Signed on 9/19/03 by Judge John G. Koeltl ). [ microfilm 9/22/03 12pm ] (bw) (Entered: 09/24/2003)
09/23/2003�USCA Case Number as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: [191-1] appeal, [192-1] appeal, [193-1] appeal USCA NUMBER: 03-1507(L),03-1508(CON),03-1509(CON) (pr) (Entered: 09/23/2003)
09/23/2003223File notice that the record on appeal as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry has been certified and transmitted to USCA on 9/23/03 [191-1] appeal, [192-1] appeal, [193-1] appeal (pr) (Entered: 09/23/2003)
09/23/2003225Filed Memo-Endorsement on letter: as to Lynne Stewart, from Jill R. Shellow-Lavine, Atty for the dft, Dated 9/19/03, addressed to: Judge Koeltl, Re: I received a copy of AUSA Robin I. Baker's 9/17/03 letter, Notice of Motion and Unclassified Memorandum of Law w/respect to the Govt's request to deny disclosure of three memoranda authored by then AUSA Patrick J. Fitzgerald in connection w/the evidentiary hearing scheduled for 9/29/03. Accordingly, we request that Lynne Stewart be permitted to file her response on this subject by fax on Wednesday, Sept 24, 2003. The Court extended the time to respond to 9/23, with a reply by 9/24. SO ORDERED. ( Signed Judge John G. Koeltl ); (ja) (Entered: 09/29/2003)
09/29/2003226SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 09/30/2003)
09/29/2003229Filed Memo-Endorsement on letter: by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from Attorney E. Tigar, Dated 9/26/03, addressed to: Judge Koeltl Re: requesting an extension of time to file a motion for reconsideration of the Court's 9/15/03 FISA opinion on 10/7/03. granting the extension of time....Judge memo-endorsed: Time to file motion for reconsideration extended to 10/7/03. So ordered. , ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/01/2003)
09/29/2003230ORDER as to Lynne Stewart, the Court orders: (1) the Government should promptly file the redacted versions of its papers in response to defendant Stewart's 7/25/03 motion. (2) The Government should file the redacted copy of its September 23, 2003 letter. (3) The Court will file the unredacted copy of the Government's 9/23/03 letter under seal. (4) Defendant Stewart shall file the reply materials in connection with the pending motion under seal. The materials are due on 9/29/03. After review for redactions it is expected that the reply documents will also then be filed in the public file. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/01/2003)
09/29/2003231ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry granting [217-1] motion To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information as to Ahmed Abdel Sattar (1), Yassir Al-Sirri (2), Lynne Stewart (3), Mohammed Yousry (4). The government's motion for a protective order is denied. The government's motion to provide a summary of the first 2001 Memo and a redacted copy of the second 2001 Memo pursuant to CIPA is granted. The classified submissions will be sealed and kept in the custody of the court security officer, and made available for appellate reveiw, if necessary. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/01/2003)
09/30/2003227SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/30/2003)
09/30/2003228SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/30/2003)
09/30/2003235True Copy of Order from USCA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: Motion by USA granting Motion for Issuance of Limited Mandate. (Certifed: 9/23/03). (ph) (Entered: 10/10/2003)
10/01/2003232SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 10/01/2003)
10/01/2003236LETTER filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry From AUSA Robin L. Baker, Dated 9/23/03, Addressed to: Judge Koeltl Re: writing in response to the 9/17/03 letter from the New York Times Company, publisher of the New York Times. (Declaration of Michael T. Elliott and Government's Memorandum of Law in Opposition to defendant Lynn Stewart's 7/25/03 Motion regarding Electronic Surveillance Evidence attached. (ph) (Entered: 10/10/2003)
10/03/2003233Filed Memo-Endorsement on letter: by USA as to Lynne Stewart , from Anthony S. Barkow, Dated October 2, 2003, addressed to: Judge Koeltl Re: Sealed Pleading, Respectfully to submit a proposed redacted version of a pleading filed under seal by defendant Lynne Stewart on September 29, 2003 Judge's Memo-endorsed... This letter and the attached filing shall be filed in the public file. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 10/07/2003)
10/07/2003234True Copy of Order from USCA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. USCA Nos. 03-1507(L), 03-1508, 03-1509; On Motion by USA for Expedited Briefing and Argument Schedule, It is hereby ORDERED that the motion for an expedited appeal is GRANTED. The Govt's brief shall be filed by 10/6/03; appellee's brief shall be filed by 11/3/03; the Govt's reply brief shall be filed by 11/11/03; and the appeal shall be heard the week of 12/1/03, subject to the approval of the presiding judge. [ Certified: 9/30/03 ] (bw) (Entered: 10/08/2003)
10/07/2003237MEMORANDUM in support by Jill R. Shellow-Lavine, Esq. on behalf of defendant Lynne Stewart - Motion to Reconsider the 9/15/03 Opinion and Order denying her motion to suppress evidence obtained pursuant to the Foreign Intelligence Surveillance Act of 1978 (FISA) (ja) (Entered: 10/10/2003)
10/07/2003238MOTION by Lynne Stewart for reconsideration of [215-1] order all of the defendant's motions to suppress the fruits of the FISA evidence are denied. The government's motion is granted. The Court has conducted an ex parte, in camera review of the materials submitted by the government and finds that the FISA surveillance was lawfully authorizied and executed. The court will not disclose those materials to the defendants. The Government may provide Sattar with those portions of the Prison Recordings and Yousry Notebooks that have been redacted so as not to contain material covered potentially by the attorney-client privilege or the work-product doctrine. When the Government taint team has completed the redactions, the Government should provide the Court with the portions that the Government taint team believes may contain privileged material for the Court's review and potential disclosure to Sattar. Finally, Stewart's motion for disclosure, sequestration, return of property, suppression, appointment of a Special Master and for an evidentiary hearing is denied in its entirety. The court has considered all of the arguments raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. , and to direct the government to produce to the defense information on the minimization and retention procedures, if any, which were used in the course the FISA surveillance. No Return Date. (ph) (Entered: 10/14/2003)
10/07/2003240As to Lynne Stewart - Post-Hearing Declaration of Michael E. Tigar in Support of Lynne's Stewart's "Broken Bargain" Motion (ja) (Entered: 10/15/2003)
10/08/2003�USCA Case Number as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: [193-1] appeal, [192-1] appeal, [191-1] appeal USCA NUMBER: 03-1507(L),03-1508i(CON),03-1509(CON). (pr) (Entered: 10/08/2003)
10/08/2003242TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar for dates of 8/1/03, before Judge John G. Koeltl . (df) (Entered: 10/20/2003)
10/15/2003239SEALED DOCUMENT as to Lynne Stewart (kre) (Entered: 10/15/2003)
10/16/2003241SECOND DECLARATION OF Michael T. Elliott as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (ph) (Entered: 10/17/2003)
10/20/2003243ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Because there is no contention that the Second Elliott Declaration refers to any material under seal, and because there is no application to file it under seal, it can be filed in the public file ( Signed by Judge John G. Koeltl ); (jw) (Entered: 10/20/2003)
10/20/2003246LETTER filed by USA as to Lynne Stewart From Andrew S. Dember & Robin L. Baker, Christopher J. Morvillo, Anthony S. Barkow, Dated October 17, 2003, Addressed to: Judge Koeltl Re: We write respectfully to respond briefly to the October 3, 2003 post-hearing declaration of Michael E. Tigar, Esq. submitted in support of Stewart's motion to dismiss the Indictment based on an implied non-prosecution agreement. For the foregoing reasons, the Government respectfully requests that the Court order the defense to return all copies of Government Exhibits 20,21 and 22 and all copies of the Rule 26.2 material produced in advance of the hearing. (jw) (Entered: 10/23/2003)
10/21/2003244SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 10/22/2003)
10/22/2003245ORDER as to Ahmed Abdel Sattar, the Clerk is directed to provide documents 183 and 184 (sealed documents dated 7/25/03) to the Court. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/22/2003)
10/22/2003247MANDATE OF USCA (certified copy) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: [193-1] appeal, [192-1] appeal, [191-1] appeal IT IS HEREBY STIPULATED AND AGREED by and between appellant the United States of America, by James B. Comey, the United States Attorney for the Southern District of New York, and defendants-appellees Ahmed Abdel Sattar, by and through his counsel Kenneth A. Paul Esq., Lynne Stewart, by and through her counsel Michael E. Tigar, Esq., and Mohammed Yousry, by and through his counsel, David A. Stern, Esq., that the United States of America hereby withdraws its appeal. (Dkt. Nos. 03-1507(L), 03-1508, 03-1509). Certified: 10/16/03. (ph) (Entered: 10/23/2003)
10/23/2003248Filed Memo-Endorsement on letter: by Lynne Stewart , from Jill R. Shellow-Lavine, Dated October 21, 2003, addressed to: Judge Koeltl Re: Reschedule Briefing, reset scheduling order deadlines: Reply to response to motion deadline 10/23/03 for Lynne Stewart ; Judge's Memo-endorsed.. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 10/24/2003)
10/27/2003249Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from Anthony S. Barkow, AUSA, Dated 10/23/03, addressed to: Judge Koeltl, Re: a request, the Government inquires whether the Court intends to hold the trial in this matter in the Court's regular courtroom or in another courtroom in light of the large number of attys involved... The Government respectfully requests that the decision as to the courtroom be made as soon as possible, so that the Government may plan certain logistical aspects of its trial preparation such as the set up of equipment to be used... The Court will use Courtroom 318 at 40 Foley Square for the trial. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 10/27/2003)
10/31/2003250SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 10/31/2003)
10/31/2003251SEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 10/31/2003)
11/05/2003252TRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 9/29/03, before Judge John G. Koeltl . (df) (Entered: 11/05/2003)
11/05/2003253ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court has issued an ex parte Order to the Government, which is being filed under seal with the Court Security Officer because it refers to classified materials. The Court is also providing the Court Security Officer the classified materials that were submitted to the Court in connection with the classified redactions from the Fitzgerald Memos, so that these materials can be filed in a secure fashion and be available for any appellate review ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/05/2003)
11/05/2003254SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/05/2003)
11/05/2003255ORDER as to Lynne Stewart denying [238-1] motion for reconsideration of [215-1] order all of the defendant's motions to suppress the fruits of the FISA evidence are denied. The government's motion is granted. The Court has conducted an ex parte, in camera review of the materials submitted by the government and finds that the FISA surveillance was lawfully authorizied and executed. The court will not disclose those materials to the defendants. The Government may provide Sattar with those portions of the Prison Recordings and Yousry Notebooks that have been redacted so as not to contain material covered potentially by the attorney-client privilege or the work-product doctrine. When the Government taint team has completed the redactions, the Government should provide the Court with the portions that the Government taint team believes may contain privileged material for the Court's review and potential disclosure to Sattar. Finally, Stewart's motion for disclosure, sequestration, return of property, suppression, appointment of a Special Master and for an evidentiary hearing is denied in its entirety. The court has considered all of the arguments raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. as to Lynne Stewart (3), denying [238-2] motion to direct the government to produce to the defense information on the minimization and retention procedures, if any, which were used in the course the FISA surveillance. as to Lynne Stewart (3) ( Signed by Judge John G. Koeltl ); SO ORDERED. (ja) (Entered: 11/06/2003)
11/05/2003256MEMORANDUM OPINION # 89290 as to Lynne Stewart, defendant Stewart has moved for an evidentiary hearing on both "government noncompliance with discovery obligations, principally concerning electronic surveillance evidence," and the "admissibility of electronic surveillance evidence." (Notice of Mot. dated 7/25/03, at 1.) Stewart contends that the motion is warranted because the Gov't has acknowledged that it is unable to retrieve roughly two percent of the unminimized voice calls recorded pursuant to the Foreign Intelligence Surveillance Act of 1978 ("FISA") pertinent to this case, and because the FBI's procedures for handling electronic evidence allegedly raise doubts about the admissibility of the electronic surveillnce evidence. For the reasons herein, the motion is denied. ... The Court has considered all of the other arguments raised by the parties. To the extent not specifically discussed herein, they are either moot or without merit. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
11/05/2003257MEMORANDUM OPINION # 89291 as to Lynne Stewart, defendant Stewart requested an evidentiary hearing to determine whether the Gov't negotiated an oral agreement with her former counsel in which the Gov't allegedly agreed to forgo any SAM-related prosecution of Stewart in exchange for her agreement to certain restrictions on her visits with Sheikh Omar Abdel Rahman. In an Opinion and Order dated 7/22/03, the Court concluded that, based upon the submissions of the parties then before the Court on the issue, an evidentialy hearing was warranted..., to determine whether an agreement existed... ...Conclusion: For the reasons explained, dft Stewart's motion to dismiss the Indictment on the grounds of a nonprosecution agreement is denied. The Govt's request that the 26.2 material for Fitzgerald be returned to the Gov't is denied. The Court has considered all of the other arguments raised by the parties. To the extent not specifically discussed above, they are either moot or without merit. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
11/05/2003258Filed Memo-Endorsement on letter: by USA as to Lynne Stewart, from Christopher J. Morvillo, AUSA, Dated 11/3/03, addressed to: Judge Koeltl, Re: Special Master's Report and Recommendation ("R&R") issued on 10/30/03. Specifically, with Stewart's consent, to jointly propose a schedule for the filing of any objections to the R&R. The Objections can be filed under seal. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
11/05/2003259ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset final pretrial conference for 10:00 12/17/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry SO ORDERED.( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
11/05/2003260ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Defendant Sattar moves for an order granting pretrial access to Ahmed Abdel Rahman and the issuance of a writ ad testificandum. Defendant Stewart joins in that application, and she adds a request, in the alternative, for a writ cum causa or for a mandatory injunction directing the Government to grant access to Ahmed Abdel Rahman. The defendant's motions are denied. ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/07/2003)
11/12/2003261SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/12/2003)
11/12/2003262Filed Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 11/5/03, addressed to: Judge Koeltl Re: responding to Paragraph 2 of the Court's November 3,2003 Order and asking the Court to decide whether it should remain ex parte and whether it should be filed under seal. Judge memo-endorsed: 1. This letter will be filed in the public file and served on all counsel. The government explains that this letter is not classified and does not assert that there is a reason for this letter to remain ex parte. The underlying documents will continue to remain ex parte and under seal. So ordered. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 11/13/2003)
11/12/2003265ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset scheduling order deadlines: The Court previously directed that requests to charge, proposed voir dire and proposed jury questionnaires shall be submitted by December 1, 2003; Any objection shall be submitted by December 8, 2003; The final pre-trial conference is to be held on December 17, 2003 in Courtroom 12B at 500 Pearl Street; The questionnaires will be distributed by the Jury Administrator to potential jurors and completed on January 6 and 7, 2004; The Court will hold a conference with the parties on January 9, 2004 at 10:00am in Courtroom 12B at 500 Pearl Street; Potential jurors who have not been previously excused will be brought in and voir dire examinations will commence on January 12, 2004 at 10:00am ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/14/2003)
11/13/2003263SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/13/2003)
11/13/2003264Filed Memo-Endorsement on letter: as to Lynne Stewart, from Susan V. Tipograph, Atty for the dft, Dated 11/12/03, addressed to: Judge Koeltl, Re: Both the Gov't and the defense request that the parties have until Monday, November 17, 2003, to file any responses to the objections to the Special Master's Report and Recommendation. Application Granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/14/2003)
11/14/2003266SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 11/17/2003)
11/14/2003267SEALED DOCUMENT as to Ahmed Abdel Sattar (wv) (Entered: 11/17/2003)
11/17/2003268ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Subject to any comments or Objections by the parties, which are to be filed no later than 11/25/03, the Court directs the following: (1) The parties should promptly review with counsel for Sheik Abdel Rahman whether Sheik Abdel Rahman has any objection to these and the other transcripts of conversations with him being disclosed solely to defendant Sattar; (2) The government should provide the Court with transcripts redacted solely to exclude possibly privileged conversations. The Court assumes without deciding that there is no objection at this time to providing solely to Sattar those portions of the redacted converations which were redacted for purposes other than privilege. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 11/17/2003)
11/18/2003269SEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/18/2003)
11/19/2003274(S1) SUPERSEDING INDICTMENT FILED as to Ahmed Abdel Sattar (1) count(s) 1s, 2s, 3s, Lynne Stewart (3) count(s) 1s, 4s, 5s, 6s-7s, Mohammed Yousry (4) count(s) 1s, 4s, 5s. (ja, ) (Entered: 12/11/2003)
11/21/2003�Minute Entry for proceedings held before Judge John G. Koeltl :Arraignment as to Ahmed Abdel Sattar (1) Count 1s,2s,3s and Lynne Stewart (3) Count 1s,4s,5s,6s-7s and Mohammed Yousry (4) Count 1s,4s,5s held on 11/21/2003. Deft Sattar pleads Not Guilty to Superceding Indictment. Deft Stewart pleads Not Guilty to Superceding Indictment. Deft Yousry pleads Not Guilty to Superseding Indictment. Deft Sattar present w/attys Kenneth Paul and Barry Fallick. Deft Stewart present w/attys Michael Tigar and Jill Shellow-Levine. Deft Yousry present w/attys David Stern and David Ruhnke. AUSAs Andrew Dember and Anthony Barkow. Reporter Sam Mauro. Pretrial conference. Hearing on motions 4/9/04 at 10:00 a.m. Final pretrial conference 4/30/04. Trial date 5/11/04. Time excluded from 11/21/03 to 5/11/04. Deft Sattar continued detained. Defts Stewart and Yousry continued on bail. (bw, ) (Entered: 05/13/2004)
11/21/2003�Minute Entry for proceedings held before Judge John G. Koeltl : Plea entered by Ahmed Abdel Sattar (1) Count 1s,2s,3s and Lynne Stewart (3) Count 1s,4s,5s,6s-7s and Mohammed Yousry (4) Count 1s,4s,5s - Not Guilty. (bw, ) (Entered: 05/13/2004)
11/21/2003�Minute Entry for proceedings held before Judge John G. Koeltl :Pretrial Conference as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/21/2003. (bw, ) (Entered: 05/13/2004)
12/01/2003270ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The defendants may submit pretrial motions by 1/23/2004. The Government's responses shall be submitted by 2/27/2004. The defendant's replies shall be submitted by 3/19/2004. A hearing on the motions will be held 4/9/04 at 9:00 a.m. Request to charge, proposed voir dire, and a proposed jury questionnaire shall be submitted by 4/26/04. Objections, if any, shall be submitted by 4/28/04. The parties are directed to appear for a final pretrial conference on 4/30/2004 at 10:00 AM. Questionnaires will be distributed to potential jurors on May 3 and 4, 2004. Trial will begin 5/11/2004 09:00 AM before Judge John G. Koeltl. Because time is required for defense counsel to make a new round of pretrial motions and for the Court to decide them, and because time is required for defense counsel to review any new information as it relates to this complicated criminal case, the Court prospectively excludes time from 11/21/03 until 5/11/04. All conditions of bail are continued for defendants Stewart and Yousry. SO ORDERED. (Signed by Judge John G. Koeltl on 11/21/03)(ja, ) (Entered: 12/03/2003)
12/01/2003271ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Time excluded from 11/25/03 until 5/17/04. As to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, Jury Trial set for 5/17/2004 09:00 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 11/25/03)(ph, ) (Entered: 12/04/2003)
12/05/2003272 PETITION FOR JUDICIAL DETERMINATION OF THE LEGALITY OF ELECTRONIC SURVEILLANCE. by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ph, ) (Entered: 12/09/2003)
12/09/2003273NOTICE OF ATTORNEY APPEARANCE AND REQUEST FOR ELECTRONIC NOTIFICATION by AUSA Robin L. Baker, appearing for USA. (bw, ) (Entered: 12/10/2003)
12/10/2003275ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Steven P. Ragland dated December 5, 2003 re: Requesting an opportunity to review this pleading and notify the Court of Ms. Stewart's objections, if any, by Friday, December 12, 2003. Judge's Memo-endorsed.. Application to respond by 12/12/03 is granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/5/03)(jw, ) (Entered: 12/12/2003)
12/15/2003278ENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 12/12/03, re: a request that the Court order that the original declaration of Michael T. Elliott be filed under seal. -- Both attached declarations will be filed under seal. SO ORDERED. (Signed by Judge John G. Koeltl on 12/12/03)(ja, ) (Entered: 12/17/2003)
12/22/2003279ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Barry M. Fallick dated 12/17/03 re: requesting that the Court order the government to disclose to Ahmed Abdel Sattar all of the prison audio recordings and video recordings in unredacted form, including unredacted transcripts. Judge memo-endorsed: All parties are requested to respond to this application by 12/30/03. So ordered. (Signed by Judge John G. Koeltl on 12/18/03)(ph, ) (Entered: 12/23/2003)
01/05/2004285TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/21/03 before Judge John G. Koeltl. (pr, ) (Entered: 01/05/2004)
01/06/2004286ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government can file under seal its January 5, 2004 letter to the Court. The Government should serve the redacted version of the letter on counsel for defendant Sattar and Yousry. SO ORDERED. (Signed by Judge John G. Koeltl on 1/5/04)(jw, ) (Entered: 01/07/2004)
01/14/2004289ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government should prepare a Proposed Order concerning the disclosure of certain materials to defendant Sattar in accordance with the most recent letter from defendant Stewart which appears to be consistent with the agreement of all the parties. No party has objected or responded. The Court notes that the effect of the Order would allow access for defendant Sattar to the specified materials subject to the protective order in this case. The proposed order would also prevent further use or disclosure of the materials without giving notice and an opportunity to be heard to Sheikh Rahman's counsel. The parties are reminded that if any of those materials are intended to be used at trial, adequate advance notice must be given so that the necessary procedures for determination of any claims of atty-client privilege or work-product protection can be made sufficiently in advance of any proposed use of the materials. The Court has today also issued an Order ex parte and under seal requesting the Government to submit further materials in connection with its application for a Judicial Determination with respect to certain electronic surveillance targeting Youssef Odeh. The Order also refers to another matter relating to classified materials. SO ORDERED.. (Signed by Judge John G. Koeltl on 1/13/04)(jw, ) (Entered: 01/15/2004)
01/22/2004294ORDER as to Lynne Stewart. The order dated January 20, 2004 relating to the Special Master is being filed under seal, and it was provided only to Mr. Morvillo for the Government, Ms. Tipograph for defendant Stewart, and the Special Master. SO ORDERED. (Signed by Judge John G. Koeltl on 1/21/04)(jw, ) (Entered: 01/22/2004)
01/22/2004295ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government filed a petition requesting the Court to determine that certain court-ordered electronic surveillance targeting Youssef Odeh was lawfully authorized and conducted. The Court conducted an ex parte and in camera review of classified documents submitted to the Court. In response to this Court's sealed order dated January 13, 2004, the Government submitted certain additional classified material to the Court which the Court also reviewed ex parte and in camera. None of the defendants has filed any opposition to the Government's petition. After a careful review of all of the information provided to the Court, and aware of all of the statutory requirements for the surveillance at issue which have already been summarized in this Court's Opinion and Order dated September 15, 2003, the Court finds that the surveillance at issue was lawfully authorized and conducted. Therefore, the specified electronic surveillance targeting Youssef Odeh can be used in this case and shall not be suppressed. (Signed by Judge John G. Koeltl on 1/20/04)(jw, ) (Entered: 01/22/2004)
01/23/2004296 2nd Omnibus MOTION to Dismiss the Indictment and for Other Relief. Document filed by Lynne Stewart. Attorney's Affirmation in support attached. Return Date set for 4/9/2004 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 01/29/2004)
01/23/2004297MEMORANDUM in Support by Lynne Stewart re [296] 2nd Omnibus MOTION to Dismiss the Indictment and for Other Relief. (ja, ) (Entered: 01/29/2004)
01/23/2004298NOTICE OF MOTION to Dismiss Count Two of the Superseding Indictment and for other relief. Attorney's Affirmation in support attached.Document filed by Ahmed Abdel Sattar. (ja, ) (Entered: 01/29/2004)
01/23/2004299MEMORANDUM in Support by Ahmed Abdel Sattar re [298] MOTION to Dismiss Count Two of the Superseding Indictment and for other relief. (ja, ) (Entered: 01/29/2004)
02/05/2004300ENDORSED LETTER as to Mohammed Yousry addressed to Judge Koeltl from David Stern dated January 30, 2004 re: Request a modficiation of Mr. Yousry's conditions of release, which presently limit his travel to the Southern and Eastern Districts of NY, to include travel to Stamford, Connecticut. Judge's Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 2/2/04)(jw, ) (Entered: 02/05/2004)
02/10/2004308PROTECTIVE ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. IT IS HEREBY ORDERED that the Government Wall Team, in accordance with and subject to the Protective Order entered by the Court on 4/26/02 (which Order is expressly incorporated by reference herein), shall disclose forthwith the Redacted Content to deft Sattar, and his counsel; IT IS FURTHER ORDERED that the Government Wall Team shall not provide the Redacted Content to the Trial AUSAs; IT IS FURTHER ORDERED that, in addition to the restrictions imposed by the 4/26/02 Protective Order, no deft shall use, disclose, disseminate or otherwise reveal in any manner to any third party (including, but not limited to, the Trial AUSAs, any prospective or actual Govt or defense witness, the media, or any jury empaneled to hear the trial of this matter) any Redacted Content unless: 1. the deft is expressly authorized to make such disclosure or use by the Court, or; 2. the deft produces the specific portions of the Redacted Content for which disclosure or use is sought to counsel for Abdel Rahman, counsel for co-defts, the Trial AUSAs (or to the Govt Wall Team if disclosure to the Trial AUSAs would reveal defense strategy) and the Court no less than 14 days prior to the date upon which such disclosure or use is to occur (the "Noticed Disclosure Date"); IT IS FURTHER ORDERED that any objections to a requested disclosure that are based on the attorney-client privilege or the attorney work product doctrine shall be made, in writing, no less than 7 days prior to the Noticed Disclosure Date; IT IS FURTHER ORDERED that any other objections relating to any Redacted Content that any deft seeks to offer into evidence at any trial or hearing may be made at the time that such Redacted Content is offered into evidence; and IT IS FURTHER ORDERED that nothing in this Order shall be deemed to constitute a waiver of Abdel Rahman's attorney-client privilege or any applicable attorney work product protection. (Signed by Judge John G. Koeltl on 1/31/04). [ microfilm 2/10/04 12pm ] (bw, ) Modified on 2/13/2004 (bw, ). (Entered: 02/13/2004)
02/27/2004313MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re [298] pretrial motions regarding the superseding indictment.(jw, ) (Entered: 03/01/2004)
03/05/2004314ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorney Barry M. Fallick, dated 3/4/04 re: submitted concerning trial in Courtroom 318 at 40 Foley Square. He would like to discuss with the Court, the courtroom setting for the three defense teams. JUDGE ENDORSED - 1. The trial will proceed in Courtroom 318 at 40 Foley Square. 2. It is the Court's expectation that there will be separate tables for the Government and each of the three defense teams. 3. The parties should consult with Don Fletcher about courtroom logistics and Joel Blum about any audio, visual, and computer assistance for the courtroom. (Signed by Judge John G. Koeltl on 3/4/04)(bw, ) (Entered: 03/10/2004)
03/16/2004316MEMORANDUM in Support by Ahmed Abdel Sattar re [298] MOTION to Dismiss. (ph, ) (Entered: 03/17/2004)
03/18/2004317ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine, dated 3/13/04. In preparation for meeting this Court's deadline with respect to submitting proposed jury instructions in this matter, Ms. Shellow-Lavine writes to inquire whether the Court has standard jury instructions that it prefers to use with respect to such general matters as the functions of judge and jury, instructions not to consider deft's race or national origin, court rulings, and so forth. If so, she requests that counsel be furnished with a copy so that they do not cause everyone unnecessary effort in connection with this matter.; JUDGE ENDORSED - The Court appreciates the inquiry. The instructions with respect to generally applicable matters tend to be similar. The Government should provide all defense counsel with any of the Court's charges that the Government intends to rely on. The Government should also provide a copy of the charge in United States v. Szur as an example longer charge. The Court also relies on the proposed charges in Judge Sand's treatise. (Signed by Judge John G. Koeltl on 3/13/04)(bw, ). (Entered: 03/22/2004)
03/19/2004318 REPLY MEMORANDUM OF LAW by Lynne Stewart in Support of her re: [296] Second Omnibus MOTION to Dismiss the Indictment and for other relief. (bw, ) (Entered: 03/23/2004)
03/26/2004322ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 3/25/04 re: submitted to request the Court's permission to use a high-speedy Internet connection during the trial in this matter. The Govt also requests the Court's permission to hook up and use a printer in the courtroom during the trial in this matter. JUDGE ENDORSED - 1. Counsel should also confer with the Marshals to assure that no security concerns are posed by any electronic equipment. 2. The Court is not opposed to equipment that does not raise security concerns. 3. Counsel should coordinate among themselves, and with Mr. Fletcher and Joel Blum. (Signed by Judge John G. Koeltl on 3/25/04)(bw, ) (Entered: 03/31/2004)
04/07/2004323ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will hear argument on the pending motions on April 9,2004 at 9:00 a.m. in Courtroom 12B, 500 Pearl Street, New York, NY. (Signed by Judge John G. Koeltl on 4/2/04)(ph, ) (Entered: 04/08/2004)
04/07/2004�Set/Reset Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Oral Argument set for 4/9/2004 09:00 AM before Judge John G. Koeltl.(ph, ) (Entered: 04/08/2004)
04/07/2004324ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The argument of the pending motions is rescheduled for 4/9/2004 at 9:00 a.m. in Courtroom 110, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Judge John G. Koeltl on 4/6/04)(ja, ) (Entered: 04/08/2004)
04/14/2004327ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Clerk is directed to hand over the sealed documents entered on the docket sheet in this case as Docket Nos. 277, 284, 287, 288, 290, 291, 292, 293. SO ORDERED. (Signed by Judge John G. Koeltl on 4/14/04)(jw, ) (Entered: 04/15/2004)
04/19/2004332ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney David A. Ruhnke, dated 4/16/04 re: submitted to advise the Judge that the defense has no objection to the briefing schedule proposed with regard to the Govt's motion for an anonymous and escorted jury. JUDGE ENDORSED - The Court has not received the proposed schedule to which this letter responds. The parties should provide it. (Signed by Judge John G. Koeltl on 4/17/04)(bw, ) (Entered: 04/21/2004)
04/20/2004330MEMORANDUM & OPINION # 89980 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: [296] MOTION to Dismiss the (S1) Indictment filed by Lynne Stewart, [298] MOTION to Dismiss the (S1) Indictment filed by Ahmed Abdel Sattar. The Court has considered all of the arguments of the parties. To the extent they are not addressed in the Opinion and Order, they are either moot or without merit. All of the defendants' motions are denied as explained in the Opinion and Order. The motion challenging counts 1 and 4 as multiplicitous and the motion to strike surplusage in the (S1) Indictment are denied without prejudice to renewal at the close of the Government's case.(Signed by Judge John G. Koeltl on 4/19/04)(ph, ) (Entered: 04/21/2004)
04/20/2004331NOTICE OF ATTORNEY APPEARANCE: Lynne F. Stewart appearing for Lynne Stewart. (ph, ) (Entered: 04/21/2004)
04/20/2004342ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine, dated 4/16/04 re: submitted in response to the 4/15/04 request by the govt to provide copies of certain minimized and redacted transcripts, notes and translations thereof that are within the scope of the Protective Order entered in this matter to Sheikh Omar Abdel Rahman's counsel, Ramsey Clark. JUDGE ENDORSED - There being no objections to the Government's proposal dated April 15, 2004 and the modifications proposed in this letter, the disclosures should be made to Mr. Clark in accordance with there procedures. Any objections to use of the communications at issue, whether raised by Abdel Rahman or anyone else, are to be made by May 4, 2004. (Signed by Judge John G. Koeltl)(bw, ) (Entered: 04/22/2004)
04/21/2004338Government's MOTION for Protective Order Pursuant to Fed.R.Crim.P. 16(d). Document filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ph, ) (Entered: 04/22/2004)
04/21/2004339MEMORANDUM in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re [338] MOTION for Protective Order. (ph, ) (Entered: 04/22/2004)
04/21/2004340ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 4/15/04 re: requesting that the Court set a briefing schedule on the Government's Motion for an Anonymous Jury and Other Related Protective Measures. The government respectfully requests that the defendants be directed to serve responsive papers on the government no later than Wednesday, April 21, 2004, with any Government reply thereto to be served on the defense no later than Friday, April 23, 2004. Judge memo-endorsed: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 4/19/04)(ph, ). (Entered: 04/22/2004)
04/21/2004341REPLY MEMORANDUM OF LAW in Opposition as to Lynne Stewart re: [338] MOTION for Protective Order. (ph, ) (Entered: 04/22/2004)
04/22/2004343 REPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar re: [338] MOTION for Protective Order. (jw, ) (Entered: 04/23/2004)
04/23/2004344ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Robin L. Baker dated April 21, 2004 re: Request clarification of a portion of the Court's Memorandum Endorsement on the April 16, 2004 letter from Jill R. Shellow-Lavine, Esq. regarding disclosure to Ramsey Clark, Esq., as counsel for Sheikh Omar Abdel Rahman, of the Prison-Recording transcripts and Yousry Notebooks. Judge Memo-endorsed..The two clarification on confirmation sought by the Government are correct with the Court's intent and are finding. SO ORDERED. (Signed by Judge John G. Koeltl on 4/21/04)(jw, ) (Entered: 04/23/2004)
04/23/2004345ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Steven P. Ragland dated 4/21/04 re: requesting leave to withdraw from representation in this matter. Judge memo-endorsed: Application granted. So ordered. (Signed by Judge John G. Koeltl on 4/21/04)(ph, ) (Entered: 04/23/2004)
04/23/2004347REPLY MEMORANDUM OF LAW in Opposition by USA as to Lynne Stewart re: Defendant Lynne Stewart's letter application to serve as co-counsel. (ph, ) (Entered: 04/27/2004)
04/26/2004348ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 4/22/04 re: submitted to ask the Court to adjourn the date by which the parties must submit proposed voir dire questions, which is scheduled for 4/26/04, until a date to be determined after the parties have concluded their ongoing negotiations regarding the proposed jury questionnaire. JUDGE ENDORSED - Application granted. The parties should attempt to agree on the questionnaire, but the Court will be the final decision maker with respect to the questions. The parties are also reminded that questions should not be overly intrusive for jurors. (Signed by Judge John G. Koeltl on 4/22/04)(bw, ) (Entered: 04/27/2004)
04/26/2004349ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Government Responses due by 4/28/2004. Defendant Stewart is directed to respond by April 27, 2004 to the Government's submission opposing her application to serve as co-counsel. The Government may respond by April 28, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 4/23/04)(jw, ) (Entered: 04/27/2004)
04/26/2004350 MOTION to Quash Subpoena or, in the alternative, to limit testimony to li. Document filed by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 04/27/2004)
04/26/2004351MEMORANDUM in Support by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re [350] MOTION to Quash subpoena or, in the alternative, to limit testimony. (jw, ) (Entered: 04/27/2004)
04/26/2004352ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt moves for a protective order pursuant to F.R.Cr.P. 16(d) in connection with expert disclosure. In essence, the Govt contends that defts Sattar and Yousry have requested expert discovery from the Govt pursuant to Rule 16(a)(1)(G), thereby triggering the reciprocal disclosure obligations for expert discovery pursuant to Rule 16(b)(1)(c)(i). After being invited by the Govt to make such a request, counsel for Stewart asked for a specification of the subject matters of the Govt's proposed expert testimony so that she could determine whether to make the request for expert discovery thereby triggering the obligation to make reciprocal discovery. The discovery to be provided by the Govt and the reciprocal discovery require a written summary of the testimony, which must include the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. The Govt seeks a protective order to prevent Stewart, not having triggered reciprocal discovery, from obtaining the substance of the Govt's discovery to the other defts. Stewart says in response that she seeks only the specification of the subject matter of the expert discovery and agrees to provide disclosure of the subject matter of her proposed expert testimony fourteen days after receiving the Govt's disclosure. In the meantime she does not object to a protective order that precludes the other defts from producing the "written summary" of the Govt's proposed expert discovery but objects to a protective order that goes further.... Therefore, for good cause shown, the request for a protective order is granted as follows: (1) Govt disclosures pursuant to Rule 16(a)(1)(G) shall not be disclosed to any deft not requesting such disclosures and undertaking the reciprocal discovery obligations in Rule 16(b)(1)(C)(i); (2) the Govt will promptly advise Stewart of the general subject matter of the areas in which the Govt currently intends to seek to offer expert testimony, and Stewart will respond within fourteen (14) days thereafter by advising the Govt of the areas in which Stewart currently intends to seek to offer expert testimony. (Signed by Judge John G. Koeltl on 4/24/04)(bw, ) (Entered: 04/28/2004)
04/27/2004353DECLARATION of Michael E. Tigar filed by Lynne Stewart in reply to Government's opposition to defendant Lynne Stewart's Notice of Appearance to serve as co-counsel. (bw, ) (Entered: 04/28/2004)
04/27/2004354RESPONSE by USA TO DECLARATION OF MICHAEL E. TIGAR IN REPLY TO GOVERNMENT'S OPPOSITION TO DEFENDANT LYNNE STEWART'S APPLICATION TO SERVE AS CO-COUNSEL. (Entered: 04/28/2004)
04/27/2004358NOTICE of PRO HAC VICE APPEARANCE of Gerald J. Niewoehner, Jr. as to Lynne Stewart. This appearance is effective May 1, 2004, and is limited to participation as non-lead counsel under the direction of lead counsel Michael E. Tigar. (ph, ) (Entered: 04/28/2004)
04/28/2004355REPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: [338] MOTION for Protective Order. (ph, ) (Entered: 04/28/2004)
04/28/2004356AFFIRMATION of Christopher J. Morvillo in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re [338] MOTION for Protective Order. (ph, ) (Entered: 04/28/2004)
04/28/2004357NOTICE of PRO HAC VICE APPEARANCE of Daniel W. Habib as to Lynne Stewart. This appearance is effective May 1, 2004 and is limited to participation as non-lead counsel under the direction of lead counsel Michael E. Tigar. (ph, ) (Entered: 04/28/2004)
04/28/2004359ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The papers in connection with the motion for an anonymous jury should now be filed with the exception of the Sealed Morvillo Declaration which the Court will file under Seal. No party has identified any portion of the papers that should not be filed, except for the Sealed Morvillo Declaration. The Sealed Morvillo Declaration, which has already been served on counsel for Sattar, should now be served on the remaining defendants by the Government, but will remain sealed. SO ORDERED. (Signed by Judge John G. Koeltl on 4/28/04)(jw, ) (Entered: 04/29/2004)
04/28/2004360ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed the parties' proposed Questionnaire which will require substantial revisions. In view of the logistics of preparing and finalizing the Questionnaire, the parties are requested to provide the Court by 7:00 p.m., today, until April 28, 2004 the items listed in the Order. (Signed by Judge John G. Koeltl on 4/28/04)(ph, ) (Entered: 04/29/2004)
04/29/2004361Proposed Jury Questionnaire by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 04/30/2004)
04/29/2004364DECLARATION of Esmat Salaheddin in Support as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: [350] MOTION to Quash the trial subpoena served on him last November. (ph, ) (Entered: 04/30/2004)
04/29/2004365ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorney Kenneth Paul dated 4/28/04 re: requesting that arrangement be made for Ahmed Abdel Sattar to be able to wear his own clothiing for purposes of court appearances before the jury. Judge memo-endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 4/28/04)(ph, ) (Entered: 05/03/2004)
04/30/2004362TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 4/9/2004 before Judge John G. Koeltl. (jp, ) (Entered: 04/30/2004)
04/30/2004366NOTICE OF ATTORNEY APPEARANCE: Daniel Habib appearing for Lynne Stewart. (jw, ) (Entered: 05/03/2004)
04/30/2004367ORDER as to Lynne Stewart, Mohammed Yousry. The Government moves for an anonymous jury. Defendant Yousry opposes the Government's motion, and defendants Stewart and Sattar join in his opposition papers. For the reasons explained below, the motion for an anonymous jury is granted. The motions by defendants Stewart and Yousry fora severance are denied. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/04)(jw, ) (Entered: 05/03/2004)
04/30/2004368ORDER as to Lynne Stewart. Defendant Stewart has made an application to appear as co-counsel in her defense, and she has filed a notice of appearance. The Government opposes Stewart's application and requests that the Court preclude Stewart from engaging in "hybrid repressentation." Stewart's application to appear as co-counsel is denied. Stewart's notice of appearance as co-counsel is stricken. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/04)(jw, ) (Entered: 05/03/2004)
04/30/2004370NOTICE OF PRO HAC VICE APPEARANCE: Gerald J. Niewoehner appearing for Lynne Stewart. This appearance is effective 5/1/04, and is limited to participation as non-lead counsel under the direction of lead counsel Michael E. Tigar. Judge Notice endorsed: Application granted. SO ORDERED. (ja, ) (Entered: 05/04/2004)
04/30/2004371ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will appoint additional counsel for Sheikh Abdel Rahman because irrespective of the issues to be raised by May 4, 2004, there may be additional issues relevant to any asserted privileges for Sheikh Abdel Rahman. The Court has not changed the briefing schedule from the May 4 date previously set and assumes Sheikh Abdel Rahman continues to assert a privilege. The Court is prepared, however, to consider any issues brought to the COurt's attention by counsel for Sheikh Abdel Rahman promptly and notes that the parties in the case are continuing to litigate the issues pursuant to the original time schedule. (Signed by Judge John G. Koeltl on 4/30/04)(ph, ) (Entered: 05/04/2004)
05/03/2004372ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court is transmitting to the parties an entire copy of the Introductory Remarks as well as those pages of the Juror Questionnaire that reflect changes to the prior draft. The Court will provide a copy of the Juror Questionnaire to the Government on Saturday so that it can prepare 600 copies (not 500 as previously understood) for the prospective jurors, and provide them to the Jury Clerk on Monday and also provide copies to the Court and defense counsel. The Court is also providing copies of the Court's proposed orders, which the Court intends to enter on Monday, May 3, 2004. Any comments on the proposed orders should be submitted by Monday at 11:00am. The Court will then provide the Government with a copy of the order to be distributed to prospective jurors, so that the Government can have at least 600 copies made and provide them to the Court. The Court will see that the order is distributed to prospective jurors in court. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/04)(jw, ) (Entered: 05/04/2004)
05/03/2004373ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The government is directed to submit as promptly as possible a revised copy -- on paper and on a diskette -- of the list of names, locations and organization that might be mentioned during trial. (Signed by Judge John G. Koeltl on 4/30/04)(ph, ) (Entered: 05/04/2004)
05/03/2004374ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney David A. Ruhnke, dated 5/1/04 re: submitted to inform the Judge that there appears to be a syntax error in the new question 59 of the revised questionnaire. JUDGE ENDORSED - The Court appreciates the letter. Counsel is correct. The error was corrected and the corrected page was faxed out but counsel may not have received. Another copy is attached. Again, the Court appreciates the letter. (Signed by Judge John G. Koeltl on 5/1/04)(bw, ) (Entered: 05/04/2004)
05/03/2004376ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The redacted copy of Mr. Tigar's April 27, 2004 letter and the redacted copy of the government's April 29, 2004 letter should be filed by the Government. The unredacted copy of the government's April 29, 2004 letter will be filed under seal. (Signed by Judge John G. Koeltl on 5/1/04)(ph, ) (Entered: 05/05/2004)
05/03/2004378ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Anthony S. Barkow dated April 30, 2004 re: The Government respectfully submits this letter to convey to the Court a joint proposal by all parties regarding the schedule set today relating to jury questionnaires. Judge Memo-endorsed..Application granted. The Court notes that it had not intended to impose any additional burdens on the parties and that this follow-up additional questions were more in the nature of the questions on the questionnaire that the parties pursued with the prospective jurors. But the timing proposals in their letter are reasonable and the Court adopts Orders. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/04)(jw, ) (Entered: 05/06/2004)
05/03/2004380Letter by Lynne Stewart addressed to Judge Koeltl from Michael E. TIgar dated April 27, 2004 re: We respectfully suggest that the following topics be addressed at the April 30, 2004 pretrial conference. Finally, we ask that the Court consider the government's reply on the anonymous jury motion in further support of Ms. Stewart's motion. (jw, ) (Entered: 05/06/2004)
05/03/2004381Letter by USA as to Lynne Stewart addressed to Judge Koeltl from Robin L. Baker dated April 29, 2004 re: The Government respectfully submits this letter regarding the letter from Michael E. Tigar, Esq., to the Court, dated April 27, 2004, on behalf of defendant Lynne Stewart. The Government respectfully requests that, if this letter is to be filed, the Court direct that the original be filed under seal and that the enclosed redacted copy be publicly filed. We are serving the defendants with the complete, unredacted version. (jw, ) (Entered: 05/06/2004)
05/04/2004375JURY QUESTIONNAIRE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 05/05/2004)
05/04/2004�Minute Entry for proceedings held before Judge John G. Koeltl:Voir Dire begun on 5/4/2004 Ahmed Abdel Sattar (1) on Count 1,1s,2,2s,3,3s,4 and Lynne Stewart (3) on Count 1,1s,2,4,4s,5,5s,6s-7s and Mohammed Yousry (4) on Count 1,1s,2,4,4s,5s. (ph, ) (Entered: 07/07/2004)
05/04/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Selection as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/4/2004. (ph, ) (Entered: 07/07/2004)
05/04/2004�Jury Impaneled as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ph, ) (Entered: 07/07/2004)
05/04/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/4/2004. Defendant Sattar present with attorney Kenneth Paul and Barry Fallick. Defendant Stewart present with attorneys Michael Tigar and Jill Shellow-Lavine. Defendant Yousry present with attorneys David Stern and David Ruhnke. AUSAs Robin Baker, Christopher Morvillo, Andrew Dember and Anthony Barkow. Reporters Joe Quinones, Connie Kuhl and Steven Greenblum. Trial begins on 5/4/04, and continues 5/18/04, 5/19/04, 5/20/04, 5/21/04, 5/24/04, 5/25/04, 5/26/04, 5/27/04, 6/1/04, 6/2/04, 6/3/04 6/21/04, 6/22/04, 6/23/04, 6/24/04, 6/29/04 and 6/30/04. Defendant Sattar continued detained. Defendant Stewart and Yousry continued on bail. (ph, ) (Entered: 07/07/2004)
05/05/2004377 Government's First Omnibus Motion In Limine by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/05/2004)
05/06/2004382ENDORSED LETTER as to Ahmed Abdel Sattar, addressed to Judge Koeltl, from Kenneth A. Paul, Atty for the dft, dated 5/6/04, re: a request of Your Honor to authorize permission for Ahmed Abdel Sattar, Reg. #53506-054, to have provided to him at MCC, add'l articles of clothing. Specifically,... to be provided w/2 sports jackets, another pair of pants, shirt, and belt, in addition to the two pairs of pants, two shirts, ties, socks and shoes, as previously ordered... -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/4/04)(ja, ) (Entered: 05/07/2004)
05/06/2004383ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received Mr. Clark's May 3, 2004 letter concerning procedures for an atty conference call today with Sheikh Abdel Rahman. 1. If the call is unable to proceed, then, as Mr. Clark suggests, the Court will assume that Sheikh Abdel Rahman continues to assert a privilege as to materials at issue. 2. While it may not be possible for the Court to resolve issues with respect to procedures in the time remaining before the otherwise scheduled call, it is not clear why an order requiring that the recording of the conversation be maintained under seal until further order of the Court (subject to any regular monitoring procedures for such a call) would not resolve the parties interests and concerns. The Government should respond promptly to this proposal. 3. The Court appreciates Mr. Clark's efforts to obtain an additional counsel for Sheikh Abdel Rahman. The Court notes that Mr. Clark should not limit his consideration to attys currently on the CJA Panel because the Court would authorize reimbursement for an atty not on the CJA Panel. 4. Following the practice of the parties on this exchange of correspondence, the Court is not copying other counsel in the case, but the Government should adivse promptly why this correspondence should not be copied to the other counsel in the case. SO ORDERED. (Signed by Judge John G. Koeltl on 5/3/04)(jw, ) (Entered: 05/07/2004)
05/06/2004384ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. All persons called as prospective jurors in this case are directed to follow the following instructions: 1. Do not talk to any other prospective jurors about this case. 2. Do not talk to anyone about the case, including reporters, friends, or members of your family. Do not permit anyone to talk to you about the case. 3. Do not talk to any of the parties or lawyers in this case. 4. Do not read any newspaper, magazine, or internet reports about the case or watch or listen to any radio or television reports about the case. If you should unavoidably see or hear an item, disregard it and put it out of your mind. These directions apply to all prospective jurors during the course of jury selection and will continue to apply to those persons selected as jurors until they have been discharged as jurors in this case. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) Modified on 5/7/2004 (bw, ). (Entered: 05/07/2004)
05/06/2004385ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court transmits to the parties the attached correspondence and the Court's prior 5/3/04 Order. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) (Entered: 05/07/2004)
05/06/2004386ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Bureau of Prisons is requested to make whatever accomodations are necessary, consistent with security, to provide Ahmed Abdel Sattar with visitation privileges on Friday or Saturday beginning the week of 5/17/04, which is the first full week of jury selection in this case. The change in the day of visitation privileges is necessary because the Court expects to be in session through Thursday. The Bureau of Prisons is also requested to assure that Mr. Sattar receives regular shower privileges during the course of the trial despite the trial schedule. The Govt is requested to transmit this Order to the appropriate officials at the Bureau of Prisons. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) (Entered: 05/07/2004)
05/06/2004387ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine dated 5/3/04 re: requesting a one-week extension of the May 4, 2004 deadline for submitting objections to the attorney-client communications between Sheikh Omar Abdel Rahman and his counsel provided to Ramsey Clark in accordance with this Court's April 16, 2004 Memorandum and Order. Judge memo-endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/3/04)(ph, ) (Entered: 05/07/2004)
05/06/2004388ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Ramsey Clark dated 5/4/04 re: asking the Court to advise on whether Mr. Schmidt is acceptable to work as co-counsel on behalf of Sheik Omar Abdel Rahman. Judge memo-endorsed: Mr. Schmidt should make his own determination of his ability to accept the representation. The Court has no objections and would authorize the CJA reimbursement. So ordered. (Signed by Judge John G. Koeltl on 5/4/04)(ph, ) (Entered: 05/07/2004)
05/07/2004390 MEMORANDUM OF LAW by Lynne Stewart concerning Esmat Salaheddin's Motion. (ja, ) (Entered: 05/10/2004)
05/10/2004389TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 4/30/04 before Judge John G. Koeltl. (dg, ) (Entered: 05/10/2004)
05/10/2004392ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The defendants should respond to the Court's May 5, 2004 memo endorsement of the Government's letter with respect to the prospective juror by May 10, 2004 so that the Court can instruct the Jury Clerk to instruct the parties whether the questionnaire should be pulled. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04)(jw, ) (Entered: 05/10/2004)
05/10/2004393ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/6/04, re: a request...the Court is "prepared to extend the date for the submissions to charge, to give the parties time to devote time to these motions." We have conferred w/Ms. Shellow-Lavine who, on behalf of dft Lynne Stewart, joins the Gov't in requesting that the Court extend that date until Friday, May 14, 2004. In keeping w/the prior schedule's allotment of one week for objections, such would be due under the new schedule on 5/21/04. The Gov't has been unable to contact counsel for dfts Sattar or Yousry. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04,)(ja, ) (Entered: 05/10/2004)
05/10/2004394ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the Government's "Omnibus" motion in limine. The defendants should respond to the motion by May 10, 2004; The Government may reply by May 13, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 5/5/04)(jw, ) (Entered: 05/11/2004)
05/10/2004395ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Each parties' time to respond to the motions in limine by the other parties is extended to May 12, 2004. The time to reply is extended to May 15, 2004. The court will hear argument on the motions in limine on Friday, May 21, 2004 at 2:30 p.m. (Signed by Judge John G. Koeltl on 5/6/04)(ph, ) (Entered: 05/11/2004)
05/10/2004�Set/Reset Hearings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry: Oral Argument set for 5/21/2004 02:30 PM before Judge John G. Koeltl.(ph, ) (Entered: 05/11/2004)
05/10/2004396ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/7/04, re: a request that the Court set a conference so that parties - including Abdel Rahman - can set a realistic schedule for the pretrial resolution of all privilege issues. This, of course, would include litigation over whether a ruling favorable to Abdel Rahman would preclude the Government from introducing the evidence at a trial against third parites. -- Judge memo endorsed: The Court will hold the conference on this issue on May 11, 2004 at 9:30 a.m. before beginning the issues concerning the Questionnaire. Mr. Schmidt and/or Mr. Clark is requested to attend. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04)(ja, ) (Entered: 05/11/2004)
05/10/2004397ORDER as to Lynne Stewart. The Court has received dft Stewart's motion in limine submitted today. The Government should respond to the motion by May 10, 2004; Stewart may reply by May 13, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 5/5/04)(ja, ) (Entered: 05/11/2004)
05/10/2004398ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from David A. Ruhnke dated May 5, 2004 re: Request that the Court adhere to its projected 4-day per week schedule during jury-selection as well as during the trial. However, the option of having Friday's open -even during jury-selection - will makes this process less burdensome on counsel in an overall sense by allowing us to schedule court appearances, client conferences and to attend to ongoing matters in other cases. Judge Memo-endorsed...The Court cannot commit to a four day week, but will at least attempt to be out on Friday afternoon. SO ORDERED. (Signed by Judge John G. Koeltl on 5/5/04)(jw, ) (Entered: 05/11/2004)
05/10/2004399ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed Mr. Ruhnke's letter dated 5/5/04. The letter suggests that Mr. Schmidt review "all materials to which a claim of privilege may attach, not just a sub-set of materials that the Govt may seek to utilize." This request underlines the Court's previous request to the parties to develop a schedule for a resolution of possible privilege and completeness issues. The subset of materials that the Govt intends to use at least provides a limited and manageable set of materials as to which a privilege may be asserted and responses asserted. It is unclear to the Court how Mr. Schmidt could review "the universe of materials" without any guidance as to what the parties intend to offer, whether on grounds of completeness or otherwise. It is also unclear why all questions as to the "universe of materials" must be resolved prior to trial, particularly when it is unclear whether "the universe of materials" will even be offered. No one, for example, has explained whether the Govt seeks to offer all or part of the Yousry Notebooks, and what parts, if any, the defts seek to introduce for completeness or otherwise. The same could be said of all or part of the other materials listed. Moreover, it is difficult to see how the parties expect the Court to resolve issues with respect to applications that have not even been filed twelve days before the individual voir dire examinations are to begin. The Court is prepared to provide further direction to Mr. Schmidt, although the parties are welcome to pursue issues directly with Mr. Schmidt as Sheikh Abdel Rahman's co-counsel. However, the Court reiterates its request that the parties provide the Court with a proposed plan and timetable to resolve the issues that plainly call for some thought including the designations of the materials that the Govt seeks to offer that are possibly covered by a privilege, any counter designations for completeness by the defts, and the resolution of any privilege issues with respect to both. The Court is aware that there are certain schedules. But the Court did ask for a master schedule and none has been forthcoming thus far. (Signed by Judge John G. Koeltl on 5/5/04)(bw, ) (Entered: 05/11/2004)
05/10/2004408ENDORSED LETTER as to Mohammed Yousry addressed to Judge Koeltl from Sam A. Schmidt dated May 6, 2004 re: Requesting a conference to discuss this matter and a resolution of these problems. As your Honor is aware, I will before you at 4pm tomorrow on an unrelated matter. I am available at before then for a conference. Judge Memo-endorsed..The Court is prepared to meet with counsel, but it should be with all parties present. The Court continues to be of the view, however, that the parties should attempt to work out a schedule and procedure for working out these issues. With respect to the Yousry notebooks, for example, the parties should have some idea what portion they intend to attempt to offer and which, if any, portions relate to specific prison visits. SO ORDERED.. (Signed by Judge John G. Koeltl on 5/6/04)(jw, ) (Entered: 05/17/2004)
05/10/2004476ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/10/04, re: seek Crt's guidance on which, if any, of the jury questionnaires the Court expects the parties to bring to Court for the conference, i.e. those as to which the parties agree, those as to which there is disagreement, or both... -- Judge memo endorsed: The parties should have a full set of the questionnaires because questions may arise. So Ordered. (Signed by Judge John G. Koeltl on 6/10/04)(ja, ) (Entered: 06/16/2004)
05/11/2004401ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The U.S. Marshals who may have access to the juror questionnaires are directed to preserve that information in a secure place and not to disclose it outside the U.S. Marshal's Service or the Jury Clerk without prior order of the Court. (Signed by Judge John G. Koeltl on 5/3/04); The Clerk's Office Has Sent Copy to U.S. Marshal's Service by inter-office mail. (bw, ) (Entered: 05/12/2004)
05/12/2004402ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Any motion by Sheikh Abdel Rahman to intervene in this case to assert any privilege with respect to any materials currently sought to be introduced at trial, together with any particularized claims of privilege, should be submitted by 5/25/04. Any responses should be submitted by 6/2/04. Any replies should be submitted by 6/7/04. (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/13/2004)
05/12/2004403ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Individual voir dire will commence in this case beginning on 5/19/04 at 9:30 a.m. Argument on the pending motions in limine will be heard on 5/21/04 at 2:00 p.m. The date for trial is adjourned to 6/21/04. Because the adjournment is required to allow time for possible assertion and resolution of any privilege issues presented in the case as well as the pending motions in limine, the Court excludes the time from today until 6/21/04 from Speedy Trial Act calculations. This Order is entered pursuant to 18 U.S.C. Section 3161(h)(8)(A). (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/13/2004)
05/12/2004404Government's Opposition by USA as to Lynne Stewart's Motion in Limine. (bw, ) (Entered: 05/13/2004)
05/12/2004405 MEMORANDUM OF LAW in Opposition by Lynne Stewart to Government's First Omnibus Motion in Limine. (bw, ) (Entered: 05/13/2004)
05/12/2004406ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 5/11/04 re: submitted to follow up on today's court proceedings relating to jury selection. JUDGE ENDORSED - This list is correct and reflects the Court's determinations today as to those jurors the Court is inclined to excuse at the defendants' request. (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/14/2004)
05/12/2004429MEMORANDUM in Opposition by Ahmed Abdel Sattar re [377] Government's First Omnibus Motion in Limine.(ph, ) (Entered: 05/20/2004)
05/13/2004407 REPLY BRIEF in Support by Non-Party Esmat Salaheddin as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, re: [350] MOTION to Quash. (ja, ) (Entered: 05/14/2004)
05/14/2004413Requested Jury Instructions as to Lynne Stewart. Defendant Lynne Stewart, by her counsel, proposed now the following jury instructions. (jw, ) (Entered: 05/18/2004)
05/17/2004411ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court having received no objections by the defendants to the Government's propsed protective order in the Government's letter dated May 12, 2004 relating to the disclosure of atty work product materials to Mr. Schmidt, The Government's motion for a protective order on the terms set forth in the May 12 letter is granted. The defendants may also provide work product materials to Mr. Schmidt on the same terms. SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/04)(jw, ) (Entered: 05/17/2004)
05/17/2004412ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated May 13, 2004 re: Requesting that we have until Wednesday, May 19, 2004 to respond to this proposal. Judge Memo-endorsed..Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/04)(jw, ) (Entered: 05/18/2004)
05/17/2004414Request To Charge by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/18/2004)
05/17/2004415ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed the correspondence dated May 12 concerning jury selection. The Court will shortly provide the parties with a list of the jurors to be called in. The parties are reminded to provide the Court with a list of any questions to be followed up with the first 70 potential jurors by Monday, May 17, 2004. (Signed by Judge John G. Koeltl on 5/12/04)(ph, ) (Entered: 05/18/2004)
05/17/2004416ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 5/12/04 re: writing in connection with the attorney-client privilege review being conducted by Sam Schmidt, Esq., as co-counsel for Sheikh Abdel Rahman. Judge memo-endorsed: This proposal appears reasonable. Defense counsel should respond by 5/13/04 at 11:00 a.m. (Including the offer of a mutual protective order for defense counsel. ) So ordered. (Signed by Judge John G. Koeltl on 5/12/04)(ph, ) (Entered: 05/18/2004)
05/17/2004417Lynne Stewart's Requested Supplemental Voir Dire as to Lynne Stewart. Defendant Lynne Stewart respectfully requests that the Court ask the following question of all prospective jurors during voir dire. (jw, ) (Entered: 05/18/2004)
05/17/2004418 (Entered: 05/18/2004)
05/17/2004419 MOTION to Quash subpoena served on Mr. Fried by the prosecution, or in the alternative limiting his trial testimony.Document filed by Non-Party Joseph Fried.(jw, ) (Entered: 05/18/2004)
05/17/2004420MEMORANDUM in Support by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re [419] MOTION to Quash.. (jw, ) (Entered: 05/18/2004)
05/17/2004421AFFIDAVIT of David A. Schulz in Support of Jospeh Fried's re: [419] MOTION to Quash (jw, ) (Entered: 05/18/2004)
05/17/2004422ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 5/14/04, re: a scheduling matter regarding the Govt's ltr. dtd 5/12/04, which described the Govt's proposed method of reading transcripts to the jury at trial... The Gov't respectfully asks to be permitted to submit one reply to all three dfts' responses, and to submit that reply on 5/21/04. -- Judge memo endorsed: Application granted. Although perhaps this could be resolved at the end of the day on 5/19/04. SO ORDERED. (Signed by Judge John G. Koeltl on 5/14/04,)(ja, ) (Entered: 05/18/2004)
05/17/2004423ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court has attached the current list of juror numbers for individual voir dire. The parties should check their notes and inform the Court if there are any discrepancies no later than 8:00 p.m. today... SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/04)(ja, ) (Entered: 05/18/2004)
05/17/2004424ENDORSED LETTER as to Mohammed Yousry, addressed to Judge Koeltl, from Mr. Ruhnke, Co-counsel to Mr. Yousry, dated 5/14/04, re: seeks guidance as to the form in which the Court would like to receive the parties' requests for follow-up questioning of jurors... A sample is attached... -- Judge memo endorsed: This is a good way of presenting the questions to the Court and is perfectly acceptable. SO ORDERED. (Signed by Judge John G. Koeltl on 5/14/04)(ja, ) (Entered: 05/19/2004)
05/17/2004426ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 5/14/04 re: submitted to request a one-day extension of time to file its proposed requests to charge, which are due 5/14/04. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 5/14/04)(bw, ) (Entered: 05/19/2004)
05/17/2004430REPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar re: [377] Government's First Omnibus Motion in Limine.(ph, ) (Entered: 05/20/2004)
05/18/2004425ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court intends to call Juror 305 in on Friday morning out of turn. The Juror has written to Mr. Grate about a potential job offer and so the possibility of the juror being available should be settled sooner rather than later. SO ORDERED. (Signed by Judge John G. Koeltl on 5/17/04)(ja, ) (Entered: 05/19/2004)
05/18/2004427 RESPONSE by Lynne Stewart re: [350] MOTION to Quash, [419] MOTION to Quash. (ja, ) (Entered: 05/19/2004)
05/18/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/18/2004. (ph, ) (Entered: 07/07/2004)
05/19/2004439Government's Second Omnibus Motion in Limine. Certificate of Service attached.Document filed by USA as to Lynne Stewart. (jw, ) (Entered: 05/25/2004)
05/19/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/19/2004. (ph, ) (Entered: 07/07/2004)
05/20/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/20/2004. (ph, ) (Entered: 07/07/2004)
05/21/2004434 MOTION filed by Non-Party George Packer as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry to quash subpoena or, in the alternative, to limit testimony. Return Date to be set by the Court. (bw, ) (Entered: 05/25/2004)
05/21/2004435MEMORANDUM in Support filed by Non-Party George Packer as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: [434] MOTION to Quash subpoena or, in the alternative, to limit testimony. (bw, ) (Entered: 05/25/2004)
05/21/2004436AFFIDAVIT of Attorney David A. Schulz in Support of re: [434] MOTION to Quash filed by non-party George Packer, as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 05/25/2004)
05/21/20040Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/21/2004 (ph, ) (Entered: 07/07/2004)
05/24/2004438Proposed Individual Voir Dire Questions for Forty Additional Potential Jurors by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/25/2004)
05/24/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/24/2004 (ph, ) (Entered: 07/07/2004)
05/25/2004�Minute Entry for proceedings held before Judge John G. Koeltl:Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/25/2004. (ph, ) (Entered: 07/07/2004)
05/26/2004441Government's Proposed Individual Voir Dire Questions for potential jurors number 241-283, filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 05/28/2004)
05/26/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/26/2004. (ph, ) (Entered: 07/07/2004)
05/27/2004440TRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/11/04 before Judge John G. Koeltl. (dfe, ) (Entered: 05/27/2004)
05/27/2004443MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re [434] MOTION to quash subpoena or, in the alternative, to limit testimony. (ph, ) (Entered: 06/01/2004)
05/27/2004444ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 5/21/04 re: submitted to propose a schedule for the briefing regarding the motions to quash subpoenas issued to Joseph Fried and George Packer. The Govt and David Schulz, counsel for Mr. Fried and Mr. Packer, jointly proposed that the Govt file oppositions to both motions to quash by 5/28/04, and that Mr. Fried and Mr. Packer file replies by 6/7/04. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 5/21/04)(bw, ) (Entered: 06/01/2004)
05/27/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/27/2004. (ph, ) (Entered: 07/07/2004)
05/28/2004447LYNNE STEWART'S RESPONSE TO GEORGE PACKER'S MOTION: re [434] MOTION to Quash. (ja, ) (Entered: 06/02/2004)
06/01/2004448ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The prospective jurors appearing for individual voir dire on Tuesday, June 1, 2004 are numbers 148, 183, 221, 223, 248, 282, 283, 287, 290, 291, 292, 294, 296, 304, 311, 314, 318, 319, 320 and 321. SO ORDERED. (Signed by Judge John G. Koeltl on 5/27/04)(jw, ) (Entered: 06/02/2004)
06/01/2004450ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Barry M. Fallick dated 5/19/04 re: the government has ordered from the court stenographers realtime and daily copy. On behalf of all defendants, we would request the same arrangements. Judge memo-endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/19/04)(ph, ) (Entered: 06/02/2004)
06/01/2004451Proposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 335-385) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
06/01/2004452Proposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 287-334) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
06/01/2004453Proposed Individual Voir Dire Questions For Thirty Additional Potential Jurors (Numbers 386-436) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
06/01/2004454ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 5/28/04, re: a request for an extension of the parties's time to file their objections to the other parties' proposed requests to charge, currently due this Tuesday, June 1, 2004 -- respectfully asks that the parties be permitted to file their objections one week after the last day of voir dire. -- Judge memo endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/28/04)(ja, ) (Entered: 06/03/2004)
06/01/2004457ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Anthony S. Barkow/Robin L. Baker, dated 5/26/04 re: submitted this letter brief to address the Court's concerns, expressed on 5/21/04, regarding the admissibility of evidence of Abdel Rahman's conviction -- both the fact of the conviction and the nature of the underlying charges. JUDGE ENDORSED - This letter is to be filed in the Court file. So Ordered. (Signed by Judge John G. Koeltl on 5/27/04)(bw, ) (Entered: 06/07/2004)
06/01/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/1/2004. (ph, ) (Entered: 07/07/2004)
06/02/2004449Proposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 437-479), filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 06/02/2004)
06/02/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/2/2004. (ph, ) (Entered: 07/07/2004)
06/03/2004455ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Christopher J. Morvillo dated June 1, 2004 re: Respectfully submits this letter to request a one day extension, until June 3, 2004. Judge Memo-endorsed...Application GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 6/2/04)(jw, ) (Entered: 06/04/2004)
06/03/2004458PROTECTIVE ORDER REGARDING ACCESS TO INMATE OMAR ABDEL RAHMAN as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. It is hereby ORDERED that the Government shall permit no more than two defense counsel for each defendant to interview Abdel Rahman at a time convenient to both the Bureau of Prisons, the Government, and such defense counsel; It is further ORDERED that nothing in this Protective Order shall be deemed to require Abdel Rahman to submit to or otherwise consent to any such interview; It is further ORDERED that any such access does not extend to any of the defendants in this matter; It is further ORDERED that nothing in this Order shall preclude counsel for the defense from entering into an agreement with the Government, or seeking an order from this Court, excluding certain specified communications with Abdel Rahman from the scope of this Order provided any such request for a Court order, unless otherwise expressly authorized by this Court, shall be made under seal and on notice to the Government trial team or, if necessary to protect defense strategy, to the Government wall team. SO ORDERED. (Signed by Judge John G. Koeltl on 6/2/04)(jw, ) (Entered: 06/07/2004)
06/03/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/3/2004. (ph, ) (Entered: 07/07/2004)
06/04/2004459ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Counsel for Sheikh Abdel Rahman has moved to assert the Sheikh's atty-client privilege over portions of the Prison Recordings, the Yousry Notebooks, and other statements in this case. The motion refers to specific recordings and statements, but it does not provide copies of the transcripts of these recordings and statements. The parties should promptly provide the Court with the relevant transcripts, or they should indicate where the relevant transcripts can be found in any prior submissions to the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 6/3/04)(jw, ) (Entered: 06/07/2004)
06/07/2004460ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt should promptly provide printouts of the redacted Prison Recordings that were submitted to the Court today on CD. (Signed by Judge John G. Koeltl on 6/4/04)(bw, ) (Entered: 06/08/2004)
06/07/2004462JOINT REPLY MEMORANDUM OF LAW in Support as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, re: [434] MOTION to Quash, and [419] MOTION to Quash by Non-Parties Joseph Fried and George Packer. (ja, ) (Entered: 06/09/2004)
06/09/2004468ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Sam A. Schmidt, Atty, dated 6/7/04, re: a request to allow us to file the reply to the govt's papers on Wednesday, June 9, 2004. As your Honor is aware, we did not receive the govt's papers until after the COB on 6/3/04. APPLICATION GRANTED. SO ORDERED. Reply due by 6/9/2004. (Signed by Judge John G. Koeltl on 6/7/04)(ja, ) (Entered: 06/14/2004)
06/09/2004469ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will hear argument on the motions to quash subpoenas directed to Messrs. Salaheddin, Packer and Fried on 6/18/2004 10:00 a.m. in Courtroom 110, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Judge John G. Koeltl on 6/8/04)(ja, ) (Entered: 06/14/2004)
06/09/2004470ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Juror 402 has reported to Mr. Grate that she will only be paid for ten days and has asked to be excused. The Court is prepared to find that this is hardship and to excuse the juror. The parties should inform the Court by 3:00 p.m. today if there is any objection. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/04)(ja, ) (Entered: 06/14/2004)
06/09/2004471ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. It is hereby ordered that the jurors empaneled and sworn in this action, plus one(1) Deputy States Marshal, be provided daily throughout the trial with the appropriate meals as follows: 9:00 a.m. Coffee, 12:45 p.m Lunch, and 3:15 p.m. Coffee. Trial in this matter is scheduled for Monday, June 21, 2004. The jurors are expected to be selected, sworn and empaneled at that time. Trial schedule will be Mondays through Thursdays, 9:30 a.m. to 4:30 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 5/31/04)(ja, ) (Entered: 06/14/2004)
06/10/2004472ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The parties are directed to advise the Court by 5:00 p.m. on 6/10/04 where they are attempting to arrive at a resolution of the issue of judicial notice and appropriate instructions w/respect to the conviction of Sheikh Abdel Rahman. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/04)(ja, ) (Entered: 06/14/2004)
06/14/2004473ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt's First Omnibus Motion in Limine seeks rulings from the Court in advance of opening statements that the following evidence is admissible: 1) evidence relating to and describing the 11/17/97 attack at the Hatshepsut Temple in Luzor, Egypt; 2) evidence demonstrating that Refa'i Ahmed Taha was a signatory, along w/Usama Bin Laden, to a fatwah issued in 2/98 that called on Muslims "to kill Americans and plunder their wealth wherever and whenever they find it"; 3) evidence demonstrating that Taha participated in a meeting, which was broadcast on the Al-Jazeera television... The Govt's application to introduce evidence that was originally admitted at trial of Sheikh Abdel Rahman is discussed in connection w/Stewart's motion in limine. The remaining applications in the Govt's First Omibus Motion is Limine are either premature or moot. Conclusion: The Govt's First Omnibus Motion in Limine is decided as explained above. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(ja, ) (Entered: 06/15/2004)
06/14/2004474ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Michael E. Tigar dated June 9, 2004 re: This letter concerns the following government proposals: (1)to insert its characterizations as bracketed material into government exhibit transcripts, (2) to italicize certain portions of the transcripts and (3) to put other information into the transcripts that does not appear in the original recordings. We believe that the Court's attention to these matters at this time will materially aid the parties and facilitate the orderly presentation of evidence. Judge Memo-endorsed.. The Government's June 8, 2004 letter seeks to have a dialogue on this issues. The parties should attempt to resold them promptly before bringing them to the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(jw, ) (Entered: 06/15/2004)
06/14/2004475ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the Government letter dated June 10, 2004. In that letter, the Government explains that while the Government has only sought to offer redacted portions of the Yousry Notebooks, "counsel for Yousry has stated their intention to offer into evidence all of the Yousry Notebooks." The Government then respectfully asks the Court to rule on all of the Yousry Notebooks." The request is inexplicable and is denied. Further, if a privilege were asserted, Yousry would be able to rely on his assertions of the importance of such Notebooks to his right to a fair trial. In any event, the application would be made by a person with the interest in making it and presumably on more of a record than a two page letter that simply asks the Court to go ahead and rule on numerous pages of documents without briefing or explanation or even a reasoned explanation of what the alleged privilege or privileges are that are being asserted with respect to the redacted portions of the Yousry Notebooks. All parties should carefully stop and consider before making casual applications to the Court that have no merit. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(jw, ) (Entered: 06/15/2004)
06/14/2004478ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. For the reasons stated on the record on 5/21/04, the Govt's Second Omnibus Motion in Limine is denied without prejudice as premature. (Signed by Judge John G. Koeltl on 6/11/04)(bw, ) (Entered: 06/17/2004)
06/14/2004479ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. 1. Juror 236 has informed Mr. Grate that the juror will not be paid beyond three weeks and that service would therefore be a financial hardship. The Court will strike the juror for cause unless the Court hears an objection from one of the parties by noon tomorrow, June 9. 2. Mr. Grate has contacted Juror 402, and the juror will report back on her situation tomorrow. 3. By memo endorsements the Court has rejected the Govt's challenge for cause to Juror 319 and has directed Mr. Grate not to pursue further Juror 180 who remains in the prospective Jury Pool. 4. The only question with respect to any of the jurors who participated in the individual voir dire is Juror 402, as explained above. (Signed by Judge John G. Koeltl on 6/8/04)(bw, ) (Entered: 06/17/2004)
06/14/2004480ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 6/10/04 re: submitted to ask that the parties be permitted to file their objections on 6/17/04 to the other parties' proposed requests to charge. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 6/10/04)(bw, ) (Entered: 06/17/2004)
06/14/2004481ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Sam A. Schmidt, dated 5/10/04 re: submitted to inform the Judge that while he continues to prepare for a submission on behalf of Sheikh Rahman relating to his exercise of his attorney/client privilege, he agrees with the govt that it would be useful for all of the parties to appear at one time to address the issues relating to this matter. JUDGE ENDORSED - The Conference is scheduled for 5/11/04 at 9:30 a.m.(Signed by Judge John G. Koeltl on 5/10/04)(bw, ) (Entered: 06/17/2004)
06/14/2004484ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Robin L. Baker dated June 4, 2004 re: The Government respectfully submits this letter regarding Potential Juror Number 180 and whether the Court should ask Mr. Grate to seek from that Juror any additional informtion about whether service on the jury in this case would pose a severe economic hardship for her. Judge Memo-endorsed...Because the juror's primary job will pay for jury service and in view of this responses or the individual voir dire and because their are no objections filed, Juror 180 remains a prospective juror and Mr. Grate advises has been asked to call back on June 18. SO ORDERED.. (Signed by Judge John G. Koeltl on 6/8/04)(jw, ) (Entered: 06/18/2004)
06/14/2004492ORDER as to Lynne Stewart. Deft Stewart moves in limine to preclude the Govt from admitting at trial any evidence previously admitted at the trial of Sheikh Abdel Rahman. None of the grounds asserted by Stewart for excluding this evidence has any merit....[see document]... Conclusion: Stewart's motion in limine is decided as explained above. (Signed by Judge John G. Koeltl on 6/11/04)(bw, ) (Entered: 06/24/2004)
06/16/2004477ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated June 12, 2004 re: Request leave to respond in writing to the government's reconsideration request by 12:00 noon on Monday, June 14, 2004. Judge Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/13/04)(jw, ) (Entered: 06/17/2004)
06/16/2004485ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received an application from Posr A. Posr, pro se, seeking to videotape the trial and other proceedings in this case. Whether to grant such a request is left to the Court's discretion pursuant to Local Rule 1.8, which provides that no one other than court officials engaged in the conduct of court business shall bring any camera, transmitter, receiver, portable telephone or recording device into any courthouse or its environs without permission of a judge of that court." The Court declines to exercise its discretion to permit Mr. Posr to videotape this criminal case, and the application is therefore denied. SO ORDERED. (Signed by Judge John G. Koeltl on 6/14/04)(jw, ) (Entered: 06/18/2004)
06/17/2004482GOVERNMENT'S MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar of Motion for Anonymous Jury and other related protective measures. (jw, ) (Entered: 06/17/2004)
06/17/2004483AFFIRMATION of Christopher J. Morvillo by USA as to Ahmed Abdel Sattar. (jw, ) (Entered: 06/17/2004)
06/18/2004486ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 6/17/04, re: a request that the parties be permitted to file their objections on Monday, June 21, 2004... -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/04)(ja, ) (Entered: 06/21/2004)
06/18/2004487ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re: [350] MOTION to Quash. addressed to Judge Koeltl, from Laura Handman, on behalf of journalist Patricia Hurtado and Newsday (collectively, "movants"), dated 6/14/04, re: motion to quash the third-party trial subpoena served on Ms. Hurtado. -- Judge memo endorsed: Set/Reset Motion: Responses due by 6/21/2004 Replies due by 6/24/2004. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/04,)(ja, ) (Entered: 06/22/2004)
06/21/2004488 MOTION to Dismiss the Indicment Based on Unconstitutionally Selective Prosecution As Shown on 6/18/04. Document filed by Lynne Stewart. (ja, ) (Entered: 06/23/2004)
06/21/2004489 RENEWED MOTION to Dismiss Counts Four and Five Based on Violation of the First Amendment (Vagueness and Overbreadth). Document filed by Lynne Stewart. (ja, ) (Entered: 06/23/2004)
06/21/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/21/2004. (ph, ) (Entered: 07/07/2004)
06/22/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/22/2004. (ph, ) (Entered: 07/07/2004)
06/23/2004493ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Marshals shall not talk to the jurors about the substance or details of the case, including scheduling. SO ORDERED. (Signed by Judge John G. Koeltl on 6/21/04)(jw, ) (Entered: 06/24/2004)
06/23/2004494ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 6/18/04 re: submitted regarding the pending motion to quash the subpoena served on Ms. Patricia Hurtado. The Govt, with agreement of Stephanie A. Arbutyn, counsel for Ms. Hurtado, request that the Court adjourn the briefing schedule regarding the Hurtado subpoena. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 6/18/04)(bw, ) (Entered: 06/25/2004)
06/23/2004495ORDER as to Lynne Stewart, Mohammed Yousry. Dft Stewart moves for a severance pursuant to Federal Rules of Criminal Porcedure 8(b) and 14, but "principally" under Rule 14... Dft Yousry joins Stewart's motion... While Yousry has joined Stewart's motion, he has made no independent arguments. For the reasons herein, Yousry's motion is also denied. CONCLUSION: The motions by Stewart and Yousry for a severance are denied. SO ORDERED. (Signed by Judge John G. Koeltl on 6/19/04)(ja, ) (Entered: 06/25/2004)
06/23/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/23/2004. (ph, ) (Entered: 07/07/2004)
06/24/2004496ENDORSED LETTER as to Lynne Stewart addressed to Jill R. Shellow-Lavine, Atty for dft L. Stewart, signed by Judge Koeltl, dated 6/18/04, re: Pursuant to Sec 702 of the Federal Crts Admin Act of 1992, Public Law 102-572,106 Stat. 4506, you are hereby authorized to obtain Gov't Travel rates for the aBove travel under the CJA... (Signed by Judge John G. Koeltl on 6/18/04)(ja, ) (Entered: 06/25/2004)
06/24/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/24/2004. (ph, ) (Entered: 07/07/2004)
06/25/2004500OBJECTIONS TO THE GOVERNMENT'S PRE-PROOF REQUESTS TO CHARGE by Lynne Stewart. (ja, ) (Entered: 06/29/2004)
06/25/2004501 MEMORANDUM OF LAW in Opposition to Defendant Lynne Stewart's Requested Jury Instructions by USA as to Lynne Stewart. (ja, ) (Entered: 06/29/2004)
06/28/2004497MEMORANDUM in Opposition by USA as to Lynne Stewart's re: [488] MOTION to Dismiss the Indictment based on unconstitutionally selective prosecution as shown on June 18, 2004, and re: [489] Renewed MOTION to Dismiss Counts Four and Five based on violation of the First Amendment (vagueness and overbreadth). (bw, ) (Entered: 06/28/2004)
06/28/2004498 MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in support of its motion in limine relating to certain recorded telephone calls that the Govt plans to introduce into evidence at trial. (bw, ) (Entered: 06/28/2004)
06/29/2004502RESPONSE in Opposition by Lynne Stewart re [439] MOTION in Limine. (ps, ) (Entered: 06/30/2004)
06/29/2004503ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Judge Michael E. Tigar dated 6/25/04 re: eyewitness in the case. Judge memo-endorsed: Application denied. The government has provided the name of the witness together with detailed interview minutes of the witness and has offered to contact the witness to see is this witness wishes to meet with the defense. This is sufficient. There is no showing that the provision of the home address and telephone number is material to the preparation of the defense and reasonable under the circumstances. See United States v. Bejasa, 904V.2 137, 139-40 (2d Cir. 1990); United States v. Canone, 528F.2d 2 96, 301-02 (2d Cir. 1975). So ordered. . (Signed by Judge John G. Koeltl on 6/26/04)(ph, ) (Entered: 07/01/2004)
06/29/2004504REPLY filed by Lynne Stewart to Government's opposition to Stewart's Motion to Dismiss the Indictment based on unconstitutionally selective prosecution as shown on June 18, 2004, and Renewed Motion to Dismiss Counts Four and Five based on violation of the First Amendment (Vagueness and Overbreadth). (bw, ) (Entered: 07/01/2004)
06/29/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/29/2004. (ph, ) (Entered: 07/07/2004)
06/30/2004�Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 6/30/2004. (ph, ) (Entered: 07/07/2004)
07/02/2004508ORDER as to Lynne Stewart: Dft Stewart moves to dismiss the Superseding Indictment on the grounds of selective prosecution. She also seeks discovery and an evidentiary hrg on the motion. She also renews her motion to dismiss Cts 4 and 5 of the Superseding Indictment on the grounds that they are unconstitutionally vague and overbroad... The motions are without merit. Substantially for the reasons that the Crt already rejected the claim of vindictive prosecution is without merit and warrants neither discovery nor an evidentialy hrg... The Crt has not yet ruled on whether the specific items of evidence sought by the Gov't are in fact subject to being obtained by subpoena... Similary, for the reasons already explained, Cts 4 and 5 of the Superseding Indictment are not unconstitutionally vague or overbroad... SO ORDERED. (Signed by Judge John G. Koeltl on 7/1/04)(ja, ) (Entered: 07/12/2004)
07/12/2004509ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. A 15% gratuity is hereby authorized for all jury meals in this matter. SO ORDERED. (Signed by Judge John G. Koeltl on 7/8/04)(jw, ) (Entered: 07/13/2004)
07/13/2004512ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from AUSA Robin L. Baker, dated 7/10/04 re: submitted to respond to yesterday's letter to the Court, submitted on behalf of deft Stewart, by Michael E. Tigar, Esq., headed "Pending Issues in Wiretap Admissibility Hearing". JUDGE ENDORSED - This letter should be filed in the docket. (Signed by Judge John G. Koeltl on 7/12/04)(bw, ) (Entered: 07/14/2004)
07/13/2004513ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Michael E. Tigar, dated 7/9/04 re: Pending Issues In Wiretap Admissibility Hearing. JUDGE ENDORSED - The Government should respond to this letter and advise the Court as to the status by 7/10/04 at 1:00 p.m. (Signed by Judge John G. Koeltl on 7/9/04)(bw, ) (Entered: 07/14/2004)
07/23/2004516ENDORSED LETTER as to Mohammed Yousry, addressed to Judge Koeltl, from Sam A. Schmidt, Esq, dated 7/20/04, re: I rec'd a ltr from David Ruhnke, Esq., counsel for Mohammed Yousry, inquiring whether Sheikh Rahman intends to interpose any further ACP objections to the intercepted telephone or prison conversations and the "Yousry Notebooks" not previously designated by the gov't or that had been "redacted." -- Judge memo endorsed: This ltr should be docketed. SO ORDERED. (Signed by Judge John G. Koeltl on 7/20/04)(ja, ) (Entered: 07/26/2004)
07/23/2004518ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Former Judge Kenneth Conboy advised the Crt that he would be attending Crt on Monday w/two French lawyers from his firm, if the Crt had no objections. The Crt advised Judge Conboy that, while the Crt had no objections, the parties would be advised to determine if there were any objections. If there are any objections, any of the parties should advise the Crt. SO ORDERED. (Signed by Judge John G. Koeltl on 7/22/04)(ja, ) (Entered: 07/26/2004)
07/27/2004520ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 7/23/04 re: requesting that the Court expressly authorize the dissemination of all "Redacted Content" contained in the "Prison Recordings" to the Government Trial Team for use in connection with this prosecution. Judge memo-endorsed: Application granted. So ordered. (Signed by Judge John G. Koeltl on 7/23/04)(ph, ) (Entered: 07/27/2004)
07/28/2004523ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 7/27/04 re: submitted regarding Mr. Fallick's letter dated 7/27/04 on the subject of Govt Exhibits 2048 and 2080. The Govt requests that the Court permit the Govt to reply to Mr. Fallick's letter by the end of this week. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 7/27/04)(bw, ) (Entered: 07/30/2004)
08/02/2004529ENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for the dft, dated 7/30/04, re: a copy of the July 27, 2004 ltr from AUSA Robin L. Baker, in which she stated that she expected "to begin responding specifically" to our request for documents and info w/regard to the Lockheed-Martin system "by Thursday, July 29, 2004, and to respond on a rolling basis." As of this hour we have not rec'd a single piece of info... -- Judge memo endorsed: The gov't should respond to this ltr by 8/2/04 at noon. SO ORDERED. (Signed by Judge John G. Koeltl on 7/30/04)(ja, ) (Entered: 08/03/2004)
08/02/2004531ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorney Barry M. Fallick, dated 7/30/04 re: submitted to request until 8/4/04 to submit defense reply to Govt's 17 page reply on the subject of Govt's Exhibits 2048 and 2080. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 7/30/04)(bw, ) (Entered: 08/05/2004)
08/05/2004532ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. With the same comments that the Court made with respect to the last adjournment and in view of the representations in the Govt's 8/3/04 letter, the Court will grant the Govt's request, with the consent of all the defts, for a one-week adjournment of the resumption of the trial. The Court will ask the Jury Administration to inform the jury that the trial will resume on Monday, August 16, and to remind the jurors again on Friday, August 13 of the resumption of the trial on the following Monday. The Court will hold a status conference on Friday, 8/13/04 at 10:00 a.m. in Courtroom 110, 40 Foley Square, to assure that there are no issues that should be disposed of before the case resumes before the jury at 9:30 a.m. on 8/16/04. (Signed by Judge John G. Koeltl on 8/4/04)(bw, ) (Entered: 08/06/2004)
08/05/2004533ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine, dated 8/4/04 re: submitted to request that she has until 8/11/04, to file defense response to govt's letter dated 8/3/04 in support of its motion to quash Rule 17(c) subpoenas served by defense on three Bureau of Prison facilities. JUDGE ENDORSED - Application granted. Government may reply by 8/13/04. (Signed by Judge John G. Koeltl on 8/4/04)(bw, ) (Entered: 08/10/2004)
08/05/2004534PROTECTIVE ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. WHEREAS deft Lynne Stewart has requested that the Govt disclose "the algorithms or programs to decompress or reinflate the [audio] files" recorded by the Lockheed Martin system (Ltr. to Govt from Jill R. Shellow-Lavine, Esq., dated 7/19/04); WHEREAS the Govt agreed to disclose the decompression algorithm to Stewart upon entry of a protective order containing the provisions set forth below (Ltr. from AUSA Robin L. Baker to Michael E. Tigar, Esq., dated 8/3/04, Paragraph 12); and WHEREAS Stewart "agree[s] to the govt's request for a Protective Order as set forth in Ms. Baker's letter at Paragraph 12" (Ltr. to Court from Jill R. Shellow-Lavine, Esq., dated 8/3/04. Upon the application of the U.S. Attorney for the S.D.N.Y., by and through A.U.S.A. Robin L. Baker, and upon the consent of counsel for Stewart, IT IS HEREBY ORDERED that Stewart, her counsel, and any other individuals listed below shall not use the decompression algorithm for any purpose other than preparing her defense in this case; IT IS FURTHER ORDERED that the decompression algorithm shall not be further disseminated by Stewart or her counsel to any individuals, organizations, or other entities, other than: (1) members of her defense team (co-counsel, paralegals, investigators, and secretarial staff); and (2) experts retained to assist in the preparation of the defense; IT IS FURTHER ORDERED that each individual to whom disclosure is made pursuant to the above provision shall be provided a copy of the protective order and shall be advised that he or she shall not further disseminate the decompression algorithm; IT IS FURTHER ORDERED that Stewart's attorneys of record may show (but not provide copies of) the decompression algorithm to witnesses or potential witnesses, if an attorney of record determines that it is necessary to do so for the purpose of preparing the defense of the case; and IT IS FURTHER ORDERED that the decompression algorithm shall not be introduced into evidence at trial without ten days' advance notice to the Govt. (Signed by Judge John G. Koeltl on 8/3/04)(bw, ) (Entered: 08/10/2004)
08/05/2004535ENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from AUSA Robin L. Baker, dated 8/3/04 re: submitted to request an adjournment until 8/3/04 at 12 p.m. to respond to defense letter dated 7/30/04. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 8/3/04)(bw, ) (Entered: 08/10/2004)
08/06/2004536ENDORSED LETTER as to Ahmed Abdel Sattar addressed to Judge Koeltl from Attorney Kenneth A. Paul, dated 8/5/04 re: submitted regarding Govt's renewed application to have the "second witness" testify at trial concerning what "he saw and heard on 11/17/97 in Luxor, Egypt" and permission to introduce into evidence through this witness a "leaflet/flier" alleged to have been recovered from the scene of the attack at the Hatshepsut Temple, Mr. Paul requests that defense have until 8/11/04 to file their response to the Court. JUDGE ENDORSED - Application Granted. Reply, if any, due 8/12/04. (Signed by Judge John G. Koeltl on 8/5/04)(bw, ) (Entered: 08/10/2004)
08/10/2004537ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The dfts should provide any response to the Government's 8/2/04 letter concerning the admissibility of Government Exhibit 513 by 8/11/04. SO ORDERED. (Signed by Judge John G. Koeltl on 8/9/04)(ja, ) (Entered: 08/11/2004)
08/11/2004538ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from David A. Schulz dated August 9, 2004 re: Request that Mr. Salaheddin be given until Thursday, August 12, 2004, to file a reply if we indeed decide to do so. Judge Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/10/04)(jw, ) (Entered: 08/11/2004)
08/11/2004539ORDER as to Lynne Stewart. The Govt's request to respond to Ms. Stewart's letter dated 8/5/04 by 8/12/04 is granted. (Signed by Judge John G. Koeltl on 8/6/04)(bw, ) (Entered: 08/12/2004)
08/11/2004540ENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for the dft, dated 8/6/04, re: we have rec'd AUSA Anthony S. Barkow's ltr to the Crt dtd 8/5/04, regarding the subpoena issued to Esmat Salahedin. We respectfully request that we be given until Wednesday, August 11, 2004, to file a reply if we indeed decide to do so. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/6/04)(ja, ) (Entered: 08/12/2004)
08/16/2004542ENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Michael E. Tigar, Atty, dated 8/5/04, re: this ltr is an initial response to Robin L. Baker's ltr to Michael E. Tigar dtd 8/3/04 the purpose of which was to "address dft Lynne Stewart's various requests for documents and information" related to the Lockheed Martin and Raytheon systems... -- Judge memo endorsed: This letter should be filed. SO ORDERED. (ja, ). (Signed by Judge John G. Koeltl on 8/13/04,)(ja, ) (Entered: 08/16/2004)
08/16/2004543ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Government may file its letter dated August 12, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 8/13/04)(jw, ) (Entered: 08/16/2004)
08/16/2004544ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court is filing under seal eight boxes of jury questionnaires, three boxes of material concerning the privilege review, and two boxes of material concerning the special master. SO ORDERED. (Signed by Judge John G. Koeltl on 8/12/04)(jw, ) (Entered: 08/16/2004)
08/16/2004545ORDER as to Lynne Stewart. The Government shall respond to Ms. Stewart's motion submitted today by 8/23/2004. Ms. Stewart may file any reply by 8/26/2004. SO ORDERED. (Signed by Judge John G. Koeltl on 8/13/04)(ja, ) (Entered: 08/17/2004)
08/16/2004547ENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Robin L. Baker/Anthony S. Barkow/Michael Farbiarz, dated 8/4/04 re: submitted regarding the portion of the Court's 6/11/04 Order ("Order") that concerns the Govt's "second witness" to the Luxor incident. JUDGE ENDORSED - This letter shall be docketed. (Signed by Judge John G. Koeltl on 8/13/04)(bw, ) (Entered: 08/18/2004)
08/17/2004548Letter by USA as to Lynne Stewart addressed to Judge Koeltl from Robin L. Baker dated 8/12/04 re: The Government writes respectfully in response to defendant Lynne Stewart's August 5, 2004 letter to the Court (the "Stewart Letter") (jw, ) (Entered: 08/18/2004)




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Description:Docket ReportCase Number:1:02-cr-00395-JGK
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