Terrorism Defendant Hossain Gets
Sleepover For Labor Day, US to Answer on
CIPA Sept 7
By Matthew
Russell Lee, Thread,
Patreon
Song
SDNY COURTHOUSE,
September 3 – Iranian banker
Ali Sadr Hashemi Nejad had
been on trial, charged with
money laundering and violating
US sanctions including through
a Venezuelan infrastructure
project. It has devolved into
a show of discovery violations
by the US Attorney's Office,
echoed in another case, US
v. Delowar
Hossain, 19
Cr. 606 (SHS)
It's
been
set down for
trial: "ORDER
as to Delowar
Mohammed
Hossain: The
Court has been
advised that
the Ad Hoc
Committee on
the Resumption
of Jury Trials
has scheduled
the trial of
this matter to
commence on
Wednesday,
September 29,
2021.
Accordingly,
IT IS HEREBY
ORDERED that:
1. The final
pretrial
conference is
adjourned from
August 2 to
September 24,
2021, at 12:00
p.m. in
Courtroom 23A;
and 2. The
trial of this
action is
scheduled for
Wednesday,
September 29,
2021, at 9:30
a.m. (Signed
by Judge
Sidney H.
Stein on
6/4/2021)."
Back on
July 20, Judge
Stein
respecting the
practice of
religion
granted Hossain
a modification
of bail
conditions, to
leave his home
at 4 am to
attend a religious
ritual at a
butcher shop
"to celebrate
Eid al-Adha,
an Islamic
holiday that
commemorates
Abraham's near
sacrifice of
one of his
sons at God's
behest." Photo
here.
But now
on September
2, Hossain
through
Federal Defenders
has asked for
Labor Day
weekend
sleep-over at
the home of
Mohamed
Chowdhury (and
Mariam
Khandakar) and
they note,
"The
Government has
objected to
this modification."
But
Judge Stein
granted it: "ENDORSEMENT...
SO ORDERED
(Signed by
Judge Sidney
H. Stein on
9/2/21). And
he ordered the
US to answer
on CIPA by September
7: "The
government has
filed an in
camera sealed
motion for
certain
protective
measures to be
implemented in
the trial of
this action
pursuant to
section 6 of
the Classified
Information
Procedures Act
("CIPA"). 18
U.S.C. app. 3
§ 6. (ECF No.
81.) CIPA
section 6
provides that
"the United
States may
request the
court to
conduct a
hearing to
make all
determinations
concerning the
use,
relevance, or
admissibility
of classified
information
that would
otherwise be
made during
the trial or
pretrial
proceeding."
18 U.S.C. app.
§ 6(a). The
Court intends
to schedule a
CIP A section
6 hearing to
discuss the
issues raised
in the
government's
motion. CIP A
section 6,
however,
provides that
"the United
States shall
provide the
defendant with
notice of the
classified
information
that is at
issue...
whenever that
information
previously has
been made
available to
the defendant
by the United
States." 18
U.S.C. app. §
6(b ). When
the government
"has not
previously
made the
information
available to
the
defendant,"
the government
may describe
the classified
information
"by generic
category, in
such form as
the court may
approve,
rather than by
identification
of the
specific
information of
concern to the
United
States." 18
U.S.C. app. §
6(b). The
government is
hereby
directed to
inform the
Court, in
writing, how
it has
complied with
CIPA section
6's notice
requirement.
That letter is
due on or
before
Tuesday,
September 7,
2021. (Signed
by Judge
Sidney H.
Stein on
9/2/2021)."
The case
is US v. Hossain, 19-cr-606
(Stein)
O
***
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