SDNY COURTHOUSE,
Sept 28 – Delowar Mohammed
Hossain is set to be tried for
attempted material support to
the Taliban. The trial is set
to begin on September 28,
weeks after the Taliban again
took over Kabul in
Afghanistan. From the July
2019 Complaint:
HOSSAIN:
"Pakistan is a country that
support jihad... Pakistan has
a good relationship with the
Taliban of Afghanistan. If we
look over there once we go
there..."
Then
Hossain was arrested at JFK
airport. He has been out on
home detention and on the eve
of trial asked to delay it
based on racial disparities in
the jury, because inactive
voters were removed from the
jury pool. Inner City Press
will be reporting on the trial
- live.
"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)."
But during
the pendency,
there have
been changes
including the
return to
power in
Afghanistan of
the Taliban. On September
19, the US
Attorney's
Office wrote
to Judge Stein
that it had now
been unable to
reach a stipulation
with the
defense about
the Taliban's
status as a
Specially
Designated
Global Terrorist.
Is it any surprise?
On
September
21, as the
Taliban
belatedly
asked for UN
credentials,
Inner City
Press went to
cover Judge
Stein's
in-person
conference on
the motions in
limine. Judge
Stein said
that the
government's
Taliban expert
could testify,
without any
Daubert hearing
before it. He
said questions
could be
raised on
cross
examination,
or in voir
dire of the
witness.
Hossain's
Federal Defender
said he wants
to see the receipts
of payments to
confidential
sources,
particularly
one listed as
having
committed an "unauthorized
illegal
action," the assault of a
bodega owner.
Did the source pay
his taxes?
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.
The case
is US v. Hossain, 19-cr-606
(Stein)
O
***
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