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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 4 – 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.

On November 21, 2023 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 filed a letter to get the transcript of the closed proceeding, here.

On August 5, 2024Judge Torres set a schedule for an October 28 start of trial.

On October 18, the US Attorney's Office wrote in with issues for the final pre-trial conference on October 21, and trial set to start October 28: he "wants to merely sit passively during the trial... because he does not believe that this is a legitimate system."

He has not requested assistance in filing a proposed clothing order. So will he sit on trial in MDC tan? 

On October 21, he appeared in MDC tan for the final pre-trial conference. Inner City Press was there. Thread:

All rise! [Inner City Press is the only media - the only civilian - in the courtroom] Judge: Mr Abdullah, the trial begins next week.  Abdullah: I wish to remain passive

 Judge: If your stand-by counsel becomes active, I will assume it is with your consent. Abdullah: I am deliberating if I might question some witnesses. It is up to me. They are not going to participate in this case.

 Judge: If you engage in misconduct you may lose your right to represent yourself. You are at an extreme disadvantage if you represent yourself. You are putting yourself in extreme danger. Abdullah: I have my reasons. I keep them to myself

 Abdullah: I would prefer to not even have stand-by counsel. But you do not allow that. Judge: Did you receive the US motions in limine? Abdullah: I have objections, but no stamps to mail them. Judge: You may make them now.

Abdullah: The US is going to use Al Shabaab propaganda videos. Fine. But they should not show video of suicide bombers to the jury. It is going to play with verdict. I want them to cut the part with the shooting,start with the reporter

 Abdullah: There is CCTV provided by the Kenyan government. I do not want the suicide bomber video in AUSA: We want it in. He searched for the video almost contemporaneously. It is probative. [White noise is turned on]

 Abdullah: I don't object to the jury being shown the anti American and anti Zionist statements... But using the other Al Shabaab statements of CC-1 and CC-2, it is hearsay.

 Judge: Having received no objections, I issued an order on October 16. I assume you got it- Abdullah: I did not. Judge: You should read it. We will take a break.

On October 24 stand-by counsel wrote in that Abdullah has only been given access to legal research six days before trial. He had wanted jurors to asked about "bias about Israel and Palestine" but withdrew his request.

On October 28, Inner City Press attended the first day of jury selection, from the thread:

defendant who is representing himself (with 3 stand-by counsel) did not ask to appear in a suit, so he is here in tan MDC jail uniform

Judge: Does anyone have religious or philosopical beliefs that would impact their fairness in this case? No one says yes. Break taken.

Now judge questioning prospective jurors. Judge: Number 21? Woman: New Rochelle, Master in finance. I could be fair 2d woman: Rockland, hospice social worker.  Man (playwright)  I am concerned about the defendant representing himself, that I'll perceive propaganda

Woman, Lower East Side, Islamic Studies, Meddle Eastern studies. Spouse is a lawyer in estates and a Animal law... Woman, lawyer in larges civil rights & civil liberties firm. Concerned colleagues would talk about case. Would not ask them not to.

Judge: We'll break here.

On October 29, Inner City Press covered the end of jury selection, the shut-down of defense opening, then the US opening - they say (not surprisingly) the pace is "brisk." From the thread:

final  jury selection AUSA: We challenge Number 37. Judge: Does the defense challenge 38 or 48? Cholo (pro se) No. [Jury picked]

Judge: Openings? AUSA: 50 minutes. Cholo: I will explain why I will not participate. Judge: That is not a proper subject for opening. Cholo: Then no openingDefendant said he wanted to open by telling  jurors why he will NOT be defending himself, but was told that is not a proper subject for an opening. So, no opening by him (!)

AUSA: The defendant traveled to meet al Shabaab. He learned to use explosives. He learned what's called operational security. After many months, he was told he was chose for a special important mission: to hijack a plane and attack. He agreed

 AUSA: He enrolled in flight school. He stayed in it for more than a year. He tried to get a job with a US airline. [Defendant Cholo Abdullah is sitting slumped in his chair at defense table, in a tan MDC-Brooklyn prison jacket. 2 of his 3 stand-by lawyers there

AUSA: After an attack, the defendant Googled it. He searched online. He maintained contact with his Al Shabaab handlers. In June 2019 he reached the final stages of his pilot training. But he was arrested [and has been in jail since, next cell to Joshua Schulte

AUSA: At the end of this trial [Nov 15?!?] we'll have a change to talk to you again. Between now & then, pay attention, follow Judge Torres' instructions, and use your common sense. If so, you'll reach the only verdict, that defendant Cholo Abdullah, is guilty

 Judge: Witnesses, after lunch. We'll break.Update: as US puts on the stand an American University professor about global jihad, Cholo Abdullah is not cross examining anyone, and once told that explaining why was not a proper opening argument, didn't make one...

As US v. Cholo Abdi Abdullah trial ends for the day, without defendant doing any cross, AUSA says "We are moving briskly."

On October 30, even more brisk, Your Honor - from the thread:

 AUSA: Professor, what are we about to see? Prof Tricia Bacon: People fleeing Al Shabaab's mall attack [Defendant Cholo Abdi Abdullah in final pre trial conference raised issues about these videos - but so far only objected once, overruled]

AUSA: Doctor Bacon, has Al Shabaab participated in airplane attacks? Bacon: Twice. In 2016, an operative with a laptop blew himself out of a plane. Also in 2016, they tried it in print cartridges. They didn't make it on the plane but they did injure several people

 Bacon: The one in 2018, they said they had intended to get on Turkish Airlines. AUSA: No further questions. Judge: Cross examination? Cholo Abdi Abdullah: No. [He is "going passive"] Judge: The government may call its next witness

 [Next witness] AUSA: What is your name? Witness: Joseph Kalum, of the Kenya anti-terrorism police unit for 21 years. AUSA: What sort of cases do you focus on? Kalum: All terrorism cases, digital forensics.

 AUSA: Did you investigate this attack? Kalum: Yes, Your Honor. Judge: Please don't call the prosecutor "Your Honor." You may call me that. Kalum: Yes, your Honor. AUSA: Did you collect digital evidence? Kalum: Yes, your Honor.

AUSA: What kind of evidence? Kalum: From laptops, Your Honor. Judge: You should just not use that term Your Honor to anyone.  AUSA: Is this a portion of the CCTV footage? Kalum: Correct. AUSA: We offer GX 802. Judge: Any objection? [Silence] Judge: Admitted.

On October 31, the US put in audio and more - and then rested its case. Thread:

Assistant US Attorney: Agent, did you review messages form the Elusive Router account on Facebook? Agent: I did. Here's the IP address it used. AUSA: What is shown in GX 296? Agent: More log ins to Facebook. AUSA: Move to admit. Judge: Any objection? Cholo: No

AUSA: Special Agent, what website was he going to? Agent: The complete audio of the Sheikh Anwar al-Awlaki lecture series - he is a deceased member of Al Qaeda in the Arabian Peninsula. There's a photo of him with others. I worked all of these cases

AUSA: Play the audio. Jury hears Anwar al-Awlaki talking about getting on planes with no ID check. "But America thought it could occupy and plunder without consequence." Chola Abdi Abdulla is slumped in his chair at defense table, stroking his beard.

 Update: Now Judge Torres has asked the prosecutors how they would argue against a Rule 29 motion (for acquittal) by Cholo Abdi Abdullah, if he were to make one - since he is NOT making one, or doing anything else. AUSA: We have proved our case

 Judge: Does the defendant wish to present evidence? Cholo Abdi Abdullah: No, I do not trust these public defenders, they work with the US. I was asking for discovery since January. I got it last week. Judge: I believe BOP- Cholo: I am an honorable person.

 Judge: I've watched you  talk to your stand-by counsel, then talk to me. So you accept his advice- Cholo: Only when it conforms with my views. Judge: Have you had enough time to discuss testifying or not? Cholo: He mentioned it to me. We did not discuss

 Cholo: I told him, I will remain passive. Judge: Have he mentioned your right to you, did he remain there in a listening posture? Cholo: I have no problem with- Judge: I need you to answer my question. Did he remain? Cholo: Yes.

 Judge: You've made a decision not to testify? Cholo Abdi Abdullah: That is correct. Judge: Be seated. The charge and jury sheet have been delivered. We are adjourned.

On November 1, Cholo Abdi Abdullah's stand-by counsel "on behalf of Mr. Abdullah, and his instuction," moved to exclude co-conspirator statements, citing US v. Rangott (which Inner City Press also covered). Judge Torres issued an order she will allow them to come in.

On November 4, he was quickly found guilty. Thread:

Cholo Abdi Abdullah has just been found guilty. Judge: Jurors, thank you for your service. You are excused. [Jury exiting]

Judge: Mr. Abdullah, will you continue to represent yourself? Abdullah: Yes. I will not take any advice. Judge: He continues as your stand-by counsel, I am requiring it. Any motion by Dec 6

 Judge: Sentencing March 10 at 10 am. Probation will want to interview you... Abdullah: Is it my choice? Judge: It is your choice. Abdullah: Then I will not talk with anyone. I will never change my mind. You already know this about me. I will remain rigid

 Judge: I want to thank the lawyers for your civility. We are adjourned.

Watch this site.

More on Substack here

  The case is US v. Abdullah, 20-cr-677 (Torres)

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