| Man
Charged with
al Shabaab
Attack Plan
Cited White
Noise in MDC
Now Trial
Delayed to Oct
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Dec 19 – Cholo Abdi Abdullah
is charged with planning with
al Shabaab to attack the US
with a commercial jet.
On
September 5, 2023 he appeared
in court saying he has lost
faith in lawyers, and intially
saying he now wants to
represent himself. Inner City
Press was there, the only
media in the courtroom.
U.S.
District Court for the
Southern District of New York
Judge Analisa Torres advised
him that without a lawyer he
would be at a major
disadvantage.
After a break, it
was agreed he said confer with
CUNY law professor Ramzi
Kassem, and be back in court
on September 19 at 3:30 pm.
There is more to be reported
but for now, here, this is it.
On November 21,
Inner City Press went at 9 am
to Abdullah's Faretta hearing.
But it was asked to leave the
courtroom, from 9:22 am to
9:50 am. It has filed a letter
to get the transcript of the
closed proceeding, here.
After being
readmitted to the courtroom,
Abdullah said he wants to
represent himself at trial and
"stay passive," allowing the
government to make its case.
Apparently more reasons were
given in the sealed session. A
stand-by counsel was
appointed, who quickly asked
for a co-standby.
Cholo Abdi Abdullah then
described his conditions of
confinement on an upper floor
of the MDC in Brooklyn, a
floor with only two other
prisoners, whom he hasn't been
able to see or speak with. He
said the white noise is turned
on so loud he cannot sleep,
and doctors cannot hear him
when he describes his
conditions. And still - no
transcript of the sealed
portion of the proceeding.
On December 5,
with the promised transcript
STILL not in the docket, the
US Attorney's Office wrote in
to say that "contrary to the
defendant's claims, he is not
the only inmate in his housing
unit. The BOP has implemented
a white noise machine to
facilitate compliance with the
Special Administrative
Measures in place. The BOP has
used the white noise machine
since his arrival in the MDC
in or about December 2020."
On December 7,
Judge Torres asked more
questions, for December 11
answer: "MEMO ENDORSEMENT as
to Cholo Abdi Abdullah on re:
[97] At the status conference
on November 21, 2023,
Defendant stated that he is
now the only inmate on the
floor of his unit. He also
said that the white noise is
interfering with his ability
to communicate with his
doctor. Accordingly, by
December 11, 2023, the
Government shall submit
another letter to the Court
(1) describing the location of
the other inmates in
Defendant's unit; and (2)
explaining why white noise is
necessa1y to "facilitate
compliance" with the Special
Administrative Measures, which
concern communications between
cells and in the cellblock
area. The Clerk of Court is
directed to mail a copy of
this order to Defendant prose.
(Signed by Judge Analisa
Torres on 12/7/2023) (Copy
mailed on 12/7/2023 to
Defendant at: Cholo Abdi
Abdullah. Reg. No. 76478-054,
MDC Brooklyn, METROPOLITAN
DETENTION CENTER, P.O. BOX
329002, BROOKLYN, NY 11232)."
In the
portion for which Inner City
Press was not ordered out of
the courtroom, Abdullah
appeared to say there were two
others on his floor (we noted
that Joshua Schulte is subject
to similar Special
Administrative Measures).
And on December
11, the US Attorney's Office
confirmed, writing in that
Abdullah "is currently one of
two inmates in his housing
unit.. The calls for the
defendant and the other SAMs
inmate, Joshua Adam Schulte,
are directly on top of one
another. The BOP informed the
Government that both Schulte
and the defendant have
historically tried to
communicate with one another
in violation of the SAMs." The
white noise, they said, MIGHT
end soon after Schulte's
February 1, 2024
sentencing....
On December 12,
docketed on December 13, Judge
Torres said no: "MEMO
ENDORSEMENT as to Cholo Abdi
Abdullah on [99] LETTER by USA
as to Cholo Abdi Abdullah
addressed to Judge Analisa
Torres from United States of
America dated December 11,
2023 re: Response to Court's
December 7, 2023 Order.
ENDORSEMENT: As stated in the
Court's December 7, 2023
order, during last month's
status conference, Defendant
stated that the white noise in
his cell interferes with his
ability to communicate with
medical personnel. The SAMs do
not justify this interference.
By December 15, 2023, the
Government shall explain to
the Court how MDC plans to
ensure that Defendant can
communicate with medical
personnel in light of the
white noise and other SAMs.
The Government shall also
address how Defendant's
medical needs are currently
being met. The Government
shall serve this filing on
Defendant. The Clerk of Court
is directed to mail a copy of
this order to Defendant pro
se. SO ORDERED. (Signed by
Judge Analisa Torres on
12/12/2023)."
On December 19,
the trial was delayed: "v
ORDER as to Cholo Abdi
Abdullah: The trial currently
scheduled for June 3, 2024, is
ADJOURNED to October 28, 2024.
The parties shall confer and,
by January 5, 2024, advise the
Court if they seek to amend
their proposed briefing
schedule for motions. The
Clerk of Court is directed to
mail a copy of this order to
Defendant pro se. (Signed by
Judge Analisa Torres on
12/19/2023).
More on Substack
here
The case
is US v. Abdullah, 20-cr-677
(Torres)
***
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