PACER session date: Tuesday February 26, 2002 11:31:59 AM EST Docket as of February 22, 2002 10:23 pm Page 1 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR APPEAL PRIOR U.S. District Court Southern District of New York - Civil Database (Foley Square) CRIMINAL DOCKET FOR CASE #: 98-CR-1023-ALL USA v. Hage, et al Filed: 09/21/98 Other Dkt # 1:98-m -02140 Other Dkt # 1:98-m -02166 Case Assigned to: Judge Kevin Thomas Duffy WADIH EL HAGE (1) Bruce McIntyre aka [term 03/15/99] "Abdus Sabbur," [COR LD NTC cja] defendant 361 Broadway [term 10/22/01] Suite 510 New York, NY 10013 (212) 219-3100 Sam A Schmidt [term 10/22/01] [COR LD NTC cja] Barocas & Schmidt 111 Broadway New York, NY 10006 (212) 346-4666 Sam A. Schmidt [term 10/22/01] [COR LD NTC cja] Barocas & Schmidt, P.C. 111 Broadway 13th Fl. New York, NY 10006 (212) 346-4666 Joshua L. Dratel [term 10/22/01] [COR LD NTC cja] Joshua L. Dratel, P.C. 14 Wall Street 28th Floor New York, NY 10005 (212) 732-0707 Docket as of February 22, 2002 10:23 pm Page 2 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL The defendant is hereby A U.S. CITIZEN committed to the custody of the (1sssssss) United States Bureau of Prisons to be imprisoned for a total of LIFE IMPRISONMENT on counts 1 and 3; TWENTY (20) YEARS on count 5, to run concurrently with counts 1 and 3; FIVE (5) YEARS on counts 287,288,289 and 291 thru 305 to run concurrently with each other and concurrently to counts 1,3 and 5. Upon release from imprisonment, the defendant shall be on supervised release for a term of FIVE (5) YEARS on counts 1 and 3, and THREE (3) YEARS on counts 5,287,288, 289 and counts 291 thru 305. All terms to run concurrently with each other. The defendant shall pay a restitution in the amount of $33,816,561.75. (1sssssss) 18:114.F MAIMING WITHIN The defendant is hereby SPECIAL MARITIME OR committed to the custody of the TERRITORIAL JURISDICTION United States Bureau of Prisons - Title 18 USC 114, 116 and to be imprisoned for a 117. (3sssssss) total of LIFE IMPRISONMENT on counts 1 and 3; TWENTY (20) YEARS on count 5, to run concurrently with counts 1 and 3; FIVE (5) YEARS on counts 287,288,289 and 291 thru 305 to run concurrently with each other and concurrently to counts 1,3 and 5. Upon release from imprisonment, the defendant shall be on supervised release for a term of FIVE (5) YEARS on counts 1 and 3, and THREE (3) YEARS on counts 5,287,288, 289 and counts 291 thru 305. All terms to run concurrently with each other. The defendant shall pay a restitution in the amount of $33,816,561.75. (3sssssss) Docket as of February 22, 2002 10:23 pm Page 3 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844G.F POSSESS EXPLOSIVES The defendant is hereby ON FEDERAL PROPERTY - Title 18 committed to the custody of the USC 844(n). United States Bureau of Prisons (5sssssss) to be imprisoned for a total of LIFE IMPRISONMENT on counts 1 and 3; TWENTY (20) YEARS on count 5, to run concurrently with counts 1 and 3; FIVE (5) YEARS on counts 287,288,289 and 291 thru 305 to run concurrently with each other and concurrently to counts 1,3 and 5. Upon release from imprisonment, the defendant shall be on supervised release for a term of FIVE (5) YEARS on counts 1 and 3, and THREE (3) YEARS on counts 5,287,288, 289 and counts 291 thru 305. All terms to run concurrently with each other. The defendant shall pay a restitution in the amount of $33,816,561.75. (5sssssss) 18:1623.F FALSE DECLARATIONS The defendant is hereby BEFORE GRAND JURY/COURT committed to the custody of the (287sssssss - 289sssssss) United States Bureau of Prisons to be imprisoned for a total of LIFE IMPRISONMENT on counts 1 and 3; TWENTY (20) YEARS on count 5, to run concurrently with counts 1 and 3; FIVE (5) YEARS on counts 287,288,289 and 291 thru 305 to run concurrently with each other and concurrently to counts 1,3 and 5. Upon release from imprisonment, the defendant shall be on supervised release for a term of FIVE (5) YEARS on counts 1 and 3, and THREE (3) YEARS on counts 5,287,288, 289 and counts 291 thru 305. All terms to run concurrently with each other. The defendant shall pay a restitution in the amount of $33,816,561.75. (287sssssss - 289sssssss) Docket as of February 22, 2002 10:23 pm Page 4 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1623.F FALSE DECLARATIONS The defendant is hereby BEFORE GRAND JURY/COURT committed to the custody of the (291sssssss - 305sssssss) United States Bureau of Prisons to be imprisoned for a total of LIFE IMPRISONMENT on counts 1 and 3; TWENTY (20) YEARS on count 5, to run concurrently with counts 1 and 3; FIVE (5) YEARS on counts 287,288,289 and 291 thru 305 to run concurrently with each other and concurrently to counts 1,3 and 5. Upon release from imprisonment, the defendant shall be on supervised release for a term of FIVE (5) YEARS on counts 1 and 3, and THREE (3) YEARS on counts 5,287,288, 289 and counts 291 thru 305. All terms to run concurrently with each other. The defendant shall pay a restitution in the amount of $33,816,561.75. (291sssssss - 305sssssss) Offense Level (opening): 4 Terminated Counts: Disposition 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' BEFORE GRAND JURY/COURT are dismissed on the motion of (PERJURY) the United States. (1 - 8) (1 - 8) 18:2332(b),(d) CONSPIRACY TO All Open Counts of Indictments' MURDER U.S. NATIONALS are dismissed on the motion of (1s) the United States. (1s) 18:2332(b) CONSPIRACY TO All Open Counts of Indictments' MURDER U.S. NATIONALS are dismissed on the motion of (1ss) the United States. (1ss) 18:2332(b) CONSPIRACY TO All Open Counts of Indictments' MURDER U.S. NATIONALS are dismissed on the motion of (1sss) the United States. (1sss) 18:2332B.F CONSPIRACY TO KILL All Open Counts of Indictments' A U.S. CITIZEN are dismissed on the motion of Docket as of February 22, 2002 10:23 pm Page 5 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (1ssss) the United States. (1ssss) 18:2332B.F CONSPIRACY TO KILL All Open Counts of Indictments' A U.S. CITIZEN are dismissed on the motion of (1sssss) the United States. (1sssss) 18:2332B.F CONSPIRACY TO KILL All Open Counts of Indictments' A U.S. CITIZEN are dismissed on the motion of (1ssssss) the United States. (1ssssss) 18:2332B.F CONSPIRACY TO KILL All Open Counts of Indictments' A U.S. CITIZEN are dismissed on the motion of (1ssssssss) the United States. (1ssssssss) 18:956.F CONSPIRACY TO INJURE All Open Counts of Indictments' PROPERTY OF FOREIGN are dismissed on the motion of GOVERNMENT - 18 USC 956(a)(1) the United States. & (a)(2)(A) (2ssssss) (2ssssss) 18:956.F CONSPIRACY TO INJURE All Open Counts of Indictments' PROPERTY OF FOREIGN are dismissed on the motion of GOVERNMENT - Title 18 USC the United States. 956(a)(1) and (a)(2)(A). (2sssssss) (2sssssss) 18:956.F CONSPIRACY TO INJURE All Open Counts of Indictments' PROPERTY OF FOREIGN are dismissed on the motion of GOVERNMENT the United States. (2ssssssss) (2ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts of Indictments' - 18 USC Sections 1111, are dismissed on the motion of 1114, 1116 & 1117 the United States. (3ssssss) (3ssssss) 18:1114.F PROTECTION OF All Open Counts of Indictments' OFFICERS AND EMPLOYEES OF U.S. are dismissed on the motion of (3ssssssss) the United States. (3ssssssss) 18:2332A.F KILLING A CITIZEN All Open Counts of Indictments' OUTSIDE THE U.S. - 18 USC are dismissed on the motion of Sections 2332(a)(1) & (a)(3) the United States. (4ssssss) (4ssssss) 18:2332A.F KILLING A CITIZEN All Open Counts of Indictments' OUTSIDE THE U.S. - Title 18 are dismissed on the motion of USC Sections 2332(a)(1) and the United States. (a)(3). (4ssssssss) Docket as of February 22, 2002 10:23 pm Page 6 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (4ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts of Indictments' RESULTS - 18 USC Section are dismissed on the motion of 844(f)(1)(f)(3), & 844(n) the United States. (5ssssss) (5ssssss) 18:844A.F PENALTIES FOR All Open Counts of Indictments' 18:842A-I are dismissed on the motion of (5ssssssss) the United States. (5ssssssss) 18:2155A.F DESTRUCTION OF All Open Counts of Indictments' NATIONAL DEFENSE MATERIALS - are dismissed on the motion of 18 USC Section 2155(a) & the United States. (b) (6ssssss) (6ssssss) 18:2155A.F DESTRUCTION OF All Open Counts of Indictments' NATIONAL DEFENSE MATERIALS - are dismissed on the motion of Title 18 USC 2155(a) and (b). the United States. (6sssssss) (6sssssss) 18:2155A.F DESTRUCTION OF All Open Counts of Indictments' NATIONAL DEFENSE MATERIALS are dismissed on the motion of (6ssssssss) the United States. (6ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts of Indictments' RESULTS - Title 18 USC are dismissed on the motion of Section 844(f)(1), (f)(3) and the United States. 2. (7ssssssss) (7ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts of Indictments' RESULTS - Title 18 USC are dismissed on the motion of Section 844(f)(1), (f)(3) and the United States. 2. (8ssssssss) (8ssssssss) 18:1001.F STATEMENTS OR All Open Counts of Indictments' ENTRIES GENERALLY (FALSE are dismissed on the motion of STATEMENTS) the United States. (9 - 11) (9 - 11) 18:2332A.F KILLING A CITIZEN All Open Counts of Indictments' OUTSIDE THE U.S. - Title 18 are dismissed on the motion of USC Section 2332(a)(1), (a)(3) the United States. and 2. (9ssssssss) (9ssssssss) 18:2332A.F KILLING A CITIZEN All Open Counts of Indictments' OUTSIDE THE U.S. - Title 18 are dismissed on the motion of USC Section 2332 a(a)(1), the United States. Docket as of February 22, 2002 10:23 pm Page 7 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (a)(3) and 2. (10ssssssss) (10ssssssss) 18:930.F POSSESS W/INTENT/USE All Open Counts of Indictments' IN CRIME (FEDERAL FACILITY) - are dismissed on the motion of Title 18 USC Section 930(c), the United States. 1111 and 2. (11ssssssss - 223ssssssss) (11ssssssss - 223ssssssss) 18:930.F POSSESS W/INTENT/USE All Open Counts of Indictments' IN CRIME (FEDERAL FACILITY) - are dismissed on the motion of Title 18 USC Section 930(c), the United States. 1111 and 2. (224ssssssss - 234ssssssss) (224ssssssss - 234ssssssss) 18:1623 PERJURY BEFORE FEDERAL All Open Counts of Indictments' GRAND JURIES are dismissed on the motion of (228s - 235s) the United States. (228s - 235s) 18:1623 PERJURY All Open Counts of Indictments' (228ss - 235ss) are dismissed on the motion of the United States. (228ss - 235ss) 18:1623 PERJURY All Open Counts of Indictments' (228sss - 235sss) are dismissed on the motion of the United States. (228sss - 235sss) 18:1623.F PERJURY All Open Counts of Indictments' (228ssss - 235ssss) are dismissed on the motion of the United States. (228ssss - 235ssss) 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' BEFORE GRAND JURY/COURT are dismissed on the motion of (228sssss - 235sssss) the United States. (228sssss - 235sssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts of Indictments' - Title 18 USC Sections are dismissed on the motion of 1111, 1114 and 2. the United States. (235ssssssss - 275ssssssss) (235ssssssss - 275ssssssss) 18:1001 FALSE STATEMENTS All Open Counts of Indictments' (236s - 238s) are dismissed on the motion of the United States. (236s - 238s) 18:1001 FALSE STATEMENTS All Open Counts of Indictments' (236ss - 238ss) are dismissed on the motion of the United States. (236ss - 238ss) Docket as of February 22, 2002 10:23 pm Page 8 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1001 FALSE STATEMENTS All Open Counts of Indictments' (236sss - 238sss) are dismissed on the motion of the United States. (236sss - 238sss) 18:1001.F FALSE STATEMENTS All Open Counts of Indictments' (236ssss - 238ssss) are dismissed on the motion of the United States. (236ssss - 238ssss) 18:1001.F STATEMENTS OR All Open Counts of Indictments' ENTRIES GENERALLY are dismissed on the motion of (236sssss) the United States. (236sssss) 18:1001.F STATEMENTS OR All Open Counts of Indictments' ENTRIES GENERALLY are dismissed on the motion of (237sssss) the United States. (237sssss) 18:1001.F STATEMENTS OR All Open Counts of Indictments' ENTRIES GENERALLY are dismissed on the motion of (238sssss) the United States. (238sssss) 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' BEFORE GRAND JURY/COURT are dismissed on the motion of (245ssssss - 264ssssss) the United States. (245ssssss - 264ssssss) 18:1001.F STATEMENTS OR All Open Counts of Indictments' ENTRIES GENERALLY are dismissed on the motion of (265ssssss - 267ssssss) the United States. (265ssssss - 267ssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts of Indictments' - Title 18 USC Sections are dismissed on the motion of 1111, 1114 and 2. the United States. (276ssssssss) (276ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts of Indictments' - Title 18 USC Sections are dismissed on the motion of 1111, 1114 and 2. the United States. (277ssssssss - 278ssssssss) (277ssssssss - 278ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts of Indictments' - Title 18 USC Sections are dismissed on the motion of 1111, 1114 and 2. the United States. (279ssssssss) (279ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts of Indictments' - Title 18 USC Sections are dismissed on the motion of 1111, 1116 and 2. the United States. Docket as of February 22, 2002 10:23 pm Page 9 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (280ssssssss - 281ssssssss) (280ssssssss - 281ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts of Indictments' - Title 18 USC Sections are dismissed on the motion of 1111, 1116 and 2. the United States. (282ssssssss) (282ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts of Indictments' - Title 18 USC Sections are dismissed on the motion of 1111, 1116 and 2. the United States. (283ssssssss) (283ssssssss) 18:844H.F EXPLOSIVES USED IN All Open Counts of Indictments' COMMISSION OF FELONY - Title are dismissed on the motion of 18 USC Sections 844(h)(1), the United States. 844(h)(2) and 2. (284ssssssss) (284ssssssss) 18:924C.F VIOLENT All Open Counts of Indictments' CRIME/DRUGS/MACHINE GUN - are dismissed on the motion of Title 18 USC Section the United States. 924(c) and 2. (285ssssssss) (285ssssssss) 18:924C.F VIOLENT All Open Counts of Indictments' CRIME/DRUGS/MACHINE GUN - are dismissed on the motion of Title 18 USC Section the United States. 924(c) and 2. (286ssssssss) (286ssssssss) 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' BEFORE GRAND JURY/COURT are dismissed on the motion of (287ssssssss - 305ssssssss) the United States. (287ssssssss - 305ssssssss) 18:1623.F FALSE DECLARATIONS All Open Counts of Indictments' BEFORE GRAND JURY/COURT are dismissed on the motion of (290sssssss) the United States. (290sssssss) 18:1001.F STATEMENTS OR All Open Counts of Indictments' ENTRIES GENERALLY are dismissed on the motion of (306sssssss - 308sssssss) the United States. (306sssssss - 308sssssss) 18:1001.F STATEMENTS OR All Open Counts of Indictments' ENTRIES GENERALLY are dismissed on the motion of (306ssssssss - 308ssssssss) the United States. (306ssssssss - 308ssssssss) Offense Level (disposition): 4 Docket as of February 22, 2002 10:23 pm Page 10 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Complaints Disposition 18 U.S.C. 1001: FALSE STATEMENTS. [ 1:98-m -2166 ] ======================== Case Assigned to: Judge Kevin Thomas Duffy FAZUL ABDULLAH MOHAMMED (2) aka Harun Fazhl aka Fazhl Abdullah aka Fazhl Khan defendant Pending Counts: Disposition 18:2332(b)(d) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1s) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssssss) Docket as of February 22, 2002 10:23 pm Page 11 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1ssssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING AT U.S. PROPERTY (2 - 3) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2s - 3s) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2ss - 3ss) 18:844F.F MURDER DURINGBOMBING OF U.S. PROPERTY (2sss) 18:844F.F PENALTIES - IF DEATH RESULTS (2ssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssssss) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3sss) 18:844F.F PENALTIES - IF DEATH RESULTS (3ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION Docket as of February 22, 2002 10:23 pm Page 12 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR - Title 18 USC 114, 116 and 117. (3ssssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssssss) 18:930(c),2 MURDER (4 - 227) 18:930(c),2 MURDER (4s - 227s) 18:930(c),1111,2 MURDER (4ss - 216ss) 18:930.F MURDER (4sss - 216sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (4ssss - 216ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5sssss) Docket as of February 22, 2002 10:23 pm Page 13 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f)(3) & 2 (7sssss - 8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7ssssssss) Docket as of February 22, 2002 10:23 pm Page 14 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sssss - 10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & Docket as of February 22, 2002 10:23 pm Page 15 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2 (11sssss - 233sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssssss - 223ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11sssssss - 223sssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssssssss - 223ssssssss) 18:930(c),1111,2 MURDER (217ss - 227ss) 18:930.F MURDER (217sss - 227sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ssss - 227ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssssss - 234ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssssss - 234sssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssssss - 234ssssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sssss - 235sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235ssssss - 275ssssss) Docket as of February 22, 2002 10:23 pm Page 16 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE (235sssssss - 275sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssssssss - 275ssssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sssss - 237sssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sssss - 239sssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sssss - 241sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sssss - 244sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE (276sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssssss - 278ssssss) Docket as of February 22, 2002 10:23 pm Page 17 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE (277sssssss - 279sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssssss - 278ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE (280sssssss - 282sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssssss - 281ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282ssssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssssss) 18:1111.F MURDER, FIRST DEGREE (283sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssssss) Docket as of February 22, 2002 10:23 pm Page 18 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285ssssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssssss - 305ssssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssssss - 308ssssssss) Docket as of February 22, 2002 10:23 pm Page 19 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Kevin Thomas Duffy MOHAMED SADEEK ODEH (3) Anthony L. Ricco aka [term 10/24/01] Abu Moath [COR LD NTC] aka 20 Vesey Street Noureldine Suite 400 aka New York, NY 10007 "Marwan" (212) 791-3919 aka Hydar Michael R. Young defendant [term 06/02/00] [term 10/24/01] [COR LD NTC cja] 165 Christopher Street New York, NY 10014 (212) 242-4336 Carl J. Herman [term 10/24/01] [COR LD NTC cja] 570 West Mt Pleasant Avenue Suite 101 Livingston, NJ 07039 Anthony L. Ricco [term 10/24/01] [COR LD NTC cja] 475 Park Avenue South NY, NY 10016 212-779-3275 Edward D. Wilford [term 10/24/01] [COR LD NTC cja] 20 Vesey Street New York, NY 10007 (212) 528-2741 Docket as of February 22, 2002 10:23 pm Page 20 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL Imprisonment: Life imprisonment A U.S. CITIZEN on counts 1,3,4,5,7,9,11 (1ssssss) thru 223,235 thru 275,276,280, 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (1ssssss) 18:114.F MAIMING WITHIN Imprisonment: Life imprisonment SPECIAL MARITIME OR on counts 1,3,4,5,7,9,11 TERRITORIAL JURISDICTION thru 223,235 thru 275,276,280, - Title 18 USC 114, 116 and 281,282, to be followed by a 117. (3ssssss) mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (3ssssss) 18:2332A.F KILLING A CITIZEN Imprisonment: Life imprisonment OUTSIDE THE U.S. - Title 18 on counts 1,3,4,5,7,9,11 USC 2332a(a)(1) and (a)(3). thru 223,235 thru 275,276,280, (4ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be Docket as of February 22, 2002 10:23 pm Page 21 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (4ssssss) 18:844G.F POSSESS EXPLOSIVES Imprisonment: Life imprisonment ON FEDERAL PROPERTY - Title 18 on counts 1,3,4,5,7,9,11 USC 844(n). thru 223,235 thru 275,276,280, (5ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (5ssssss) 18:844F.F PENALTIES - IF DEATH Imprisonment: Life imprisonment RESULTS - Title 18 USC on counts 1,3,4,5,7,9,11 844(f)(1), (f)(3) and 2. thru 223,235 thru 275,276,280, (7ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (7ssssss) Docket as of February 22, 2002 10:23 pm Page 22 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN Imprisonment: Life imprisonment OUTSIDE THE U.S. - Title 18 on counts 1,3,4,5,7,9,11 USC 2332a(a)(1) and (a)(3). thru 223,235 thru 275,276,280, (9ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (9ssssss) 18:930.F POSSESS W/INTENT/USE Imprisonment: Life imprisonment IN CRIME (FEDERAL FACILITY) - on counts 1,3,4,5,7,9,11 Title 18 USC 930(c), 1111 and thru 223,235 thru 275,276,280, 2. 281,282, to be followed by a (11ssssss - 223ssssss) mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (11ssssss - 223ssssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: Life imprisonment - Title 18 USC 1111, 1114 on counts 1,3,4,5,7,9,11 and 2. thru 223,235 thru 275,276,280, (235ssssss - 275ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 Docket as of February 22, 2002 10:23 pm Page 23 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: Life imprisonment - Title 18 USC 1111, 1114 on counts 1,3,4,5,7,9,11 and 2. thru 223,235 thru 275,276,280, (276ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (276ssssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: Life imprisonment - Title 18 USC 1111, 1116 on counts 1,3,4,5,7,9,11 and 2. thru 223,235 thru 275,276,280, (280ssssss - 281ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (280ssssss - 281ssssss) Docket as of February 22, 2002 10:23 pm Page 24 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE Imprisonment: Life imprisonment - Title 18 USC 1111, 1116 on counts 1,3,4,5,7,9,11 and 2. thru 223,235 thru 275,276,280, (282ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (282ssssss) 18:844H.F EXPLOSIVES USED IN Imprisonment: Life imprisonment COMMISSION OF FELONY - Title on counts 1,3,4,5,7,9,11 18 USC 844(h)(1), 844(h)(2) thru 223,235 thru 275,276,280, and 2. 281,282, to be followed by a (284ssssss) mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (284ssssss) 18:924C.F VIOLENT Imprisonment: Life imprisonment CRIME/DRUGS/MACHINE GUN - on counts 1,3,4,5,7,9,11 Title 18 USC 924(c) and 2. thru 223,235 thru 275,276,280, (285ssssss) 281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 Docket as of February 22, 2002 10:23 pm Page 25 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR thru 223, 235 thru 275,276, 280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. (285ssssss) Offense Level (opening): 4 Terminated Counts: Disposition 18:2332(b)(d) CONSPIRACY TO All open counts on all (S) MURDER U.S. NATIONALS Indictments are dismissed on (1) the motion of the United States. (1) 18:2332(b) CONSPIRACY TO All open counts on all (S) MURDER U.S. NATIONALS Indictments are dismissed on (1s) the motion of the United States. (1s) 18:2332(b) CONSPIRACY TO All open counts on all (S) MURDER U.S. NATIONALS Indictments are dismissed on (1ss) the motion of the United States. (1ss) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN Indictments are dismissed on (1sss) the motion of the United States. (1sss) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN Indictments are dismissed on (1ssss) the motion of the United States. (1ssss) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN Indictments are dismissed on (1sssss) the motion of the United States. (1sssss) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN Indictments are dismissed on (1sssssss) the motion of the United States. (1sssssss) Docket as of February 22, 2002 10:23 pm Page 26 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN - Title 18 USC Indictments are dismissed on Section 2332(b). the motion of the United (1ssssssss) States. (1ssssssss) 18:844(f)(1),(f)(3),2 MURDER All open counts on all (S) DURING BOMBING AT U.S. Indictments are dismissed on PROPERTY the motion of the United (2 - 3) States. (2 - 3) 18:844(f)(1),(f)(3),2 MURDER All open counts on all (S) DURING BOMBING OF U.S. Indictments are dismissed on PROPERTY the motion of the United (2s - 3s) States. (2s - 3s) 18:844(f)(1),(f)(3),2 MURDER All open counts on all (S) DURING BOMBING OF U.S. Indictments are dismissed on PROPERTY the motion of the United (2ss - 3ss) States. (2ss - 3ss) 18:844F.F MURDER DURINGBOMBING All open counts on all (S) OF U.S. PROPERTY Indictments are dismissed on (2sss) the motion of the United States. (2sss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS Indictments are dismissed on (2ssss) the motion of the United States. (2ssss) 18:956.F CONSPIRACY TO INJURE All open counts on all (S) PROPERTY OF FOREIGN Indictments are dismissed on GOVERNMENT - Title 18 USC the motion of the United Sections 956(a)(1) and States. (a)(2)(A). (2ssssssss) (2ssssssss) 18:844F.F MURDER DURING All open counts on all (S) BOMBING OF U.S. PROPERTY Indictments are dismissed on (3sss) the motion of the United States. (3sss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS Indictments are dismissed on (3ssss) the motion of the United States. (3ssss) Docket as of February 22, 2002 10:23 pm Page 27 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - 18 USC Sections 1111, Indictments are dismissed on 1114, 1116 & 1117 the motion of the United (3sssss) States. (3sssss) 18:1114.F PROTECTION OF All open counts on all (S) OFFICERS AND EMPLOYEES OF U.S. Indictments are dismissed on (3sssssss) the motion of the United States. (3sssssss) 18:1114.F PROTECTION OF All open counts on all (S) OFFICERS AND EMPLOYEES OF U.S. Indictments are dismissed on - Title 18 USC 1114, 1116 the motion of the United and 1117. States. (3ssssssss) (3ssssssss) 18:930(c),2 MURDER All open counts on all (S) (4 - 227) Indictments are dismissed on the motion of the United States. (4 - 227) 18:930(c),2 MURDER All open counts on all (S) (4s - 227s) Indictments are dismissed on the motion of the United States. (4s - 227s) 18:930(c),1111,2 MURDER All open counts on all (S) (4ss - 216ss) Indictments are dismissed on the motion of the United States. (4ss - 216ss) 18:930.F MURDER All open counts on all (S) (4sss - 216sss) Indictments are dismissed on the motion of the United States. (4sss - 216sss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (4ssss - 216ssss) the motion of the United States. (4ssss - 216ssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - 18 USC Indictments are dismissed on Sections 2332(a)(1) & (a)(3) the motion of the United (4sssss) States. (4sssss) Docket as of February 22, 2002 10:23 pm Page 28 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. Indictments are dismissed on (4sssssss) the motion of the United States. (4sssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Sections 2332(a)(1) and the motion of the United (a)(3). States. (4ssssssss) (4ssssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - 18 USC Section Indictments are dismissed on 844(f)(1)(f)(3), & 844(n) the motion of the United (5sssss) States. (5sssss) 18:844A.F PENALTIES FOR All open counts on all (S) 18:842A-I Indictments are dismissed on (5sssssss) the motion of the United States. (5sssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - Title 18 USC Indictments are dismissed on Section 844(n). the motion of the United (5ssssssss) States. (5ssssssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on 18 USC Section 2155(a) & the motion of the United (b) States. (6sssss) (6sssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on Title 18 USC 2155(a) and (b). the motion of the United (6ssssss) States. (6ssssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) NATIONAL DEFENSE MATERIALS Indictments are dismissed on (6sssssss) the motion of the United States. (6sssssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on Title 18 USC Section 2155(a) the motion of the United and (b). States. (6ssssssss) (6ssssssss) Docket as of February 22, 2002 10:23 pm Page 29 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - 18 USC Section Indictments are dismissed on 844(f)(1), (f)(3) & 2 the motion of the United (7sssss - 8sssss) States. (7sssss - 8sssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS Indictments are dismissed on (7sssssss) the motion of the United States. (7sssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - Title 18 USC Indictments are dismissed on Section 844(f)(1), (f)(3) and the motion of the United 2. States. (7ssssssss) (7ssssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - Title 18 USC Indictments are dismissed on 844(f)(1), (f)(3) and 2. the motion of the United (8ssssss) States. (8ssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS Indictments are dismissed on (8sssssss) the motion of the United States. (8sssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - Title 18 USC Indictments are dismissed on Section 844(f)(1), (f)(3) and the motion of the United 2. States. (8ssssssss) (8ssssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - 18 USC Indictments are dismissed on Section 2332a(a)(1) & (a)(3) the motion of the United (9sssss - 10sssss) States. (9sssss - 10sssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. Indictments are dismissed on (9sssssss) the motion of the United States. (9sssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Section 2332(a)(1), (a)(3) the motion of the United and 2. States. (9ssssssss) (9ssssssss) Docket as of February 22, 2002 10:23 pm Page 30 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC 2332a(a)(1) and (a)(3). the motion of the United (10ssssss) States. (10ssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. Indictments are dismissed on (10sssssss) the motion of the United States. (10sssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Section 2332 a(a)(1), the motion of the United (a)(3) and 2. States. (10ssssssss) (10ssssssss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on 18 USC Section 930(c), 1111 & the motion of the United 2 States. (11sssss - 233sssss) (11sssss - 233sssss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (11sssssss - 223sssssss) the motion of the United States. (11sssssss - 223sssssss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on Title 18 USC Section 930(c), the motion of the United 1111 and 2. States. (11ssssssss - 223ssssssss) (11ssssssss - 223ssssssss) 18:930(c),1111,2 MURDER All open counts on all (S) (217ss - 227ss) Indictments are dismissed on the motion of the United States. (217ss - 227ss) 18:930.F MURDER All open counts on all (S) (217sss - 227sss) Indictments are dismissed on the motion of the United States. (217sss - 227sss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (217ssss - 227ssss) the motion of the United States. (217ssss - 227ssss) Docket as of February 22, 2002 10:23 pm Page 31 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on Title 18 USC 930(c), 1111 and the motion of the United 2. States. (224ssssss - 234ssssss) (224ssssss - 234ssssss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (224sssssss - 234sssssss) the motion of the United States. (224sssssss - 234sssssss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on Title 18 USC Section 930(c), the motion of the United 1111 and 2. States. (224ssssssss - 234ssssssss) (224ssssssss - 234ssssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - 18 USC Section 7(3), 1111 Indictments are dismissed on & 2 the motion of the United (234sssss - 235sssss) States. (234sssss - 235sssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) (235sssssss - 275sssssss) Indictments are dismissed on the motion of the United States. (235sssssss - 275sssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (235ssssssss - 275ssssssss) States. (235ssssssss - 275ssssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - 18 USC Section 1111, 1114 Indictments are dismissed on & 2 the motion of the United (236sssss - 237sssss) States. (236sssss - 237sssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - 18 USC Section 1111, 1116 Indictments are dismissed on & 2 the motion of the United (238sssss - 239sssss) States. (238sssss - 239sssss) 18:114.F MAIMING WITHIN All open counts on all (S) SPECIAL MARITIME OR Indictments are dismissed on TERRITORIAL JURISDICTION the motion of the United - 18 USC Section 114 & 2 States. (240sssss - 241sssss) (240sssss - 241sssss) Docket as of February 22, 2002 10:23 pm Page 32 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844H.F EXPLOSIVES USED IN All open counts on all (S) COMMISSION OF FELONY - 18 USC Indictments are dismissed on Section 844(h)(1), 844(h)(2) & the motion of the United 2 States. (242sssss) (242sssss) 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN - 18 Indictments are dismissed on USC Section 924(c) & 2 the motion of the United (243sssss - 244sssss) States. (243sssss - 244sssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) (276sssssss) Indictments are dismissed on the motion of the United States. (276sssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (276ssssssss) States. (276ssssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC 1111, 1114 Indictments are dismissed on and 2. the motion of the United (277ssssss - 278ssssss) States. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) (277sssssss - 279sssssss) Indictments are dismissed on the motion of the United States. (277sssssss - 279sssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (277ssssssss - 278ssssssss) States. (277ssssssss - 278ssssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC 1111, 1114 Indictments are dismissed on and 2. the motion of the United (279ssssss) States. (279ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (279ssssssss) States. (279ssssssss) Docket as of February 22, 2002 10:23 pm Page 33 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) (280sssssss - 282sssssss) Indictments are dismissed on the motion of the United States. (280sssssss - 282sssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (280ssssssss - 281ssssssss) States. (280ssssssss - 281ssssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (282ssssssss) States. (282ssssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC 1111, 1116 Indictments are dismissed on and 2. the motion of the United (283ssssss) States. (283ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) (283sssssss) Indictments are dismissed on the motion of the United States. (283sssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (283ssssssss) States. (283ssssssss) 18:844H.F EXPLOSIVES USED IN All open counts on all (S) COMMISSION OF FELONY Indictments are dismissed on (284sssssss) the motion of the United States. (284sssssss) 18:844H.F EXPLOSIVES USED IN All open counts on all (S) COMMISSION OF FELONY - Title Indictments are dismissed on 18 USC Sections 844(h)(1), the motion of the United 844(h)(2) and 2. States. (284ssssssss) (284ssssssss) 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN Indictments are dismissed on (285sssssss) the motion of the United States. (285sssssss) Docket as of February 22, 2002 10:23 pm Page 34 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN - Indictments are dismissed on Title 18 USC Section the motion of the United 924(c) and 2. States. (285ssssssss) (285ssssssss) 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN - Indictments are dismissed on Title 18 USC 924(c) and 2. the motion of the United (286ssssss) States. (286ssssss) 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN Indictments are dismissed on (286sssssss) the motion of the United States. (286sssssss) 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN - Indictments are dismissed on Title 18 USC Section the motion of the United 924(c) and 2. States. (286ssssssss) (286ssssssss) 18:1623.F FALSE DECLARATIONS All open counts on all (S) BEFORE GRAND JURY/COURT Indictments are dismissed on (287ssssssss - 305ssssssss) the motion of the United States. (287ssssssss - 305ssssssss) 18:1001.F STATEMENTS OR All open counts on all (S) ENTRIES GENERALLY Indictments are dismissed on (306ssssssss - 308ssssssss) the motion of the United States. (306ssssssss - 308ssssssss) Offense Level (disposition): 4 Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 35 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy MOHAMED RASHED DAOUD AL- Frederick H. Cohen 'OWHALI (4) [term 10/23/01] aka [COR LD NTC cja] Khalid Salim Saleh Bin Rashed Frederick H. Cohn aka [term 10/23/01] "Moath" [COR LD NTC] aka 500 Fifth Avenue Abdul Jabbar Ali Abel-Latif 33rd Floor defendant New York, NY 10110 [term 10/23/01] (212) 768-1110 David Baugh [term 10/23/01] [COR LD NTC cja] 223 South Cherry St. P.O. Box 12137 Richmond, VA 23241 (804)643-8111 Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL Imprisonment: LIFE A U.S. CITIZEN IMPRISONMENT. Supervised (1ssssss) Release: 5 Years. (1ssssss) 18:114.F MAIMING WITHIN Imprisonment: LIFE SPECIAL MARITIME OR IMPRISONMENT. Supervised TERRITORIAL JURISDICTION Release: 5 Years. - Title 18 USC 114, 116 and (3ssssss) 117. (3ssssss) 18:2332A.F KILLING A CITIZEN Imprisonment: LIFE OUTSIDE THE U.S. - Title 18 IMPRISONMENT. Supervised USC 2332a(a)(1) and (a)(3). Release: 5 Years. (4ssssss) (4ssssss) 18:844G.F POSSESS EXPLOSIVES Imprisonment: LIFE ON FEDERAL PROPERTY - Title 18 IMPRISONMENT. Supervised USC 844(n). Release: 5 Years. (5ssssss) (5ssssss) 18:844F.F PENALTIES - IF DEATH Imprisonment: LIFE RESULTS - Title 18 USC IMPRISONMENT. Supervised 844(f)(1), (f)(3) and 2. Release: 5 Years. (7ssssss) (7ssssss) 18:2332A.F KILLING A CITIZEN Imprisonment: LIFE OUTSIDE THE U.S. - Title 18 IMPRISONMENT. Supervised USC 2332a(a)(1) and (a)(3). Release: 5 Years. (9ssssss) (9ssssss) Docket as of February 22, 2002 10:23 pm Page 36 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:930.F POSSESS W/INTENT/USE Imprisonment: LIFE IN CRIME (FEDERAL FACILITY) - IMPRISONMENT. Supervised Title 18 USC 930(c), 1111 and Release: 5 Years. 2. (11ssssss - 223ssssss) (11ssssss - 223ssssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: LIFE - Title 18 USC 1111, 1114 IMPRISONMENT. Supervised and 2. Release: 5 Years. (235ssssss - 275ssssss) (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: LIFE - Title 18 USC 1111, 1114 IMPRISONMENT. Supervised and 2. Release: 5 Years. (276ssssss) (276ssssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: LIFE - Title 18 USC 1111, 1116 IMPRISONMENT. Supervised and 2. Release: 5 Years. (280ssssss - 281ssssss) (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: LIFE - Title 18 USC 1111, 1116 IMPRISONMENT. Supervised and 2. Release: 5 Years. (282ssssss) (282ssssss) 18:844H.F EXPLOSIVES USED IN Imprisonment: LIFE COMMISSION OF FELONY - Title IMPRISONMENT. Supervised 18 USC 844(h)(1), 844(h)(2) Release: 5 Years. and 2. (284ssssss) (284ssssss) 18:924C.F VIOLENT Imprisonment: LIFE CRIME/DRUGS/MACHINE GUN - IMPRISONMENT. Supervised Title 18 USC 924(c) and 2. Release: 5 Years. (285ssssss) (285ssssss) Offense Level (opening): 4 Terminated Counts: Disposition 18:2332(b)(d) CONSPIRACY TO All Open Counts on All (s) MURDER U.S. NATIONALS Indictments are dismissed on (1) the motion of the United States. (1) 18:2332(b) CONSPIRACY TO All Open Counts on All (s) MURDER U.S. NATIONALS Indictments are dismissed on (1s) the motion of the United States. Docket as of February 22, 2002 10:23 pm Page 37 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (1s) 18:2332(b) CONSPIRACY TO All Open Counts on All (s) MURDER U.S. NATIONALS Indictments are dismissed on (1ss) the motion of the United States. (1ss) 18:2332B.F CONSPIRACY TO KILL All Open Counts on All (s) A U.S. CITIZEN Indictments are dismissed on (1sss) the motion of the United States. (1sss) 18:2332B.F CONSPIRACY TO KILL All Open Counts on All (s) A U.S. CITIZEN Indictments are dismissed on (1ssss) the motion of the United States. (1ssss) 18:2332B.F CONSPIRACY TO KILL All Open Counts on All (s) A U.S. CITIZEN Indictments are dismissed on (1sssss) the motion of the United States. (1sssss) 18:2332B.F CONSPIRACY TO KILL All Open Counts on All (s) A U.S. CITIZEN Indictments are dismissed on (1sssssss) the motion of the United States. (1sssssss) 18:2332B.F CONSPIRACY TO KILL All Open Counts on All (s) A U.S. CITIZEN - Title 18 USC Indictments are dismissed on Section 2332(b). the motion of the United (1ssssssss) States. (1ssssssss) 18:844(f)(1),(f)(3),2 MURDER All Open Counts on All (s) DURING BOMBING AT U.S. Indictments are dismissed on PROPERTY the motion of the United (2 - 3) States. (2 - 3) 18:844(f)(1),(f)(3),2 MURDER All Open Counts on All (s) DURING BOMBING OF U.S. Indictments are dismissed on PROPERTY the motion of the United (2s - 3s) States. (2s - 3s) 18:844(f)(1),(f)(3),2 MURDER All Open Counts on All (s) DURING BOMBING OF U.S. Indictments are dismissed on PROPERTY the motion of the United (2ss - 3ss) States. Docket as of February 22, 2002 10:23 pm Page 38 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (2ss - 3ss) 18:844F.F MURDER DURINGBOMBING All Open Counts on All (s) OF U.S. PROPERTY Indictments are dismissed on (2sss) the motion of the United States. (2sss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS Indictments are dismissed on (2ssss) the motion of the United States. (2ssss) 18:956.F CONSPIRACY TO INJURE All Open Counts on All (s) PROPERTY OF FOREIGN Indictments are dismissed on GOVERNMENT - Title 18 USC the motion of the United Sections 956(a)(1) and States. (a)(2)(A). (2ssssssss) (2ssssssss) 18:844F.F MURDER DURING All Open Counts on All (s) BOMBING OF U.S. PROPERTY Indictments are dismissed on (3sss) the motion of the United States. (3sss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS Indictments are dismissed on (3ssss) the motion of the United States. (3ssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - 18 USC Sections 1111, Indictments are dismissed on 1114, 1116 & 1117 the motion of the United (3sssss) States. (3sssss) 18:1114.F PROTECTION OF All Open Counts on All (s) OFFICERS AND EMPLOYEES OF U.S. Indictments are dismissed on (3sssssss) the motion of the United States. (3sssssss) 18:1114.F PROTECTION OF All Open Counts on All (s) OFFICERS AND EMPLOYEES OF U.S. Indictments are dismissed on - Title 18 USC 1114, 1116 the motion of the United and 1117. States. (3ssssssss) (3ssssssss) 18:930(c),2 MURDER All Open Counts on All (s) (4 - 227) Indictments are dismissed on the motion of the United States. Docket as of February 22, 2002 10:23 pm Page 39 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (4 - 227) 18:930(c),2 MURDER All Open Counts on All (s) (4s - 227s) Indictments are dismissed on the motion of the United States. (4s - 227s) 18:930(c),1111,2 MURDER All Open Counts on All (s) (4ss - 216ss) Indictments are dismissed on the motion of the United States. (4ss - 216ss) 18:930.F MURDER All Open Counts on All (s) (4sss - 216sss) Indictments are dismissed on the motion of the United States. (4sss - 216sss) 18:930.F POSSESS W/INTENT/USE All Open Counts on All (s) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (4ssss - 216ssss) the motion of the United States. (4ssss - 216ssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. - 18 USC Indictments are dismissed on Sections 2332(a)(1) & (a)(3) the motion of the United (4sssss) States. (4sssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. Indictments are dismissed on (4sssssss) the motion of the United States. (4sssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Sections 2332(a)(1) and the motion of the United (a)(3). States. (4ssssssss) (4ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS - 18 USC Section Indictments are dismissed on 844(f)(1)(f)(3), & 844(n) the motion of the United (5sssss) States. (5sssss) 18:844A.F PENALTIES FOR All Open Counts on All (s) 18:842A-I Indictments are dismissed on (5sssssss) the motion of the United States. Docket as of February 22, 2002 10:23 pm Page 40 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (5sssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS - Title 18 USC Indictments are dismissed on Section 844(n). the motion of the United (5ssssssss) States. (5ssssssss) 18:2155A.F DESTRUCTION OF All Open Counts on All (s) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on 18 USC Section 2155(a) & the motion of the United (b) States. (6sssss) (6sssss) 18:2155A.F DESTRUCTION OF All Open Counts on All (s) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on Title 18 USC 2155(a) and (b). the motion of the United (6ssssss) States. (6ssssss) 18:2155A.F DESTRUCTION OF All Open Counts on All (s) NATIONAL DEFENSE MATERIALS Indictments are dismissed on (6sssssss) the motion of the United States. (6sssssss) 18:2155A.F DESTRUCTION OF All Open Counts on All (s) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on Title 18 USC Section 2155(a) the motion of the United and (b). States. (6ssssssss) (6ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS - 18 USC Section Indictments are dismissed on 844(f)(1), (f)(3) & 2 the motion of the United (7sssss - 8sssss) States. (7sssss - 8sssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS Indictments are dismissed on (7sssssss) the motion of the United States. (7sssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS - Title 18 USC Indictments are dismissed on Section 844(f)(1), (f)(3) and the motion of the United 2. States. (7ssssssss) (7ssssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS - Title 18 USC Indictments are dismissed on 844(f)(1), (f)(3) and 2. the motion of the United (8ssssss) States. Docket as of February 22, 2002 10:23 pm Page 41 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (8ssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS Indictments are dismissed on (8sssssss) the motion of the United States. (8sssssss) 18:844F.F PENALTIES - IF DEATH All Open Counts on All (s) RESULTS - Title 18 USC Indictments are dismissed on Section 844(f)(1), (f)(3) and the motion of the United 2. States. (8ssssssss) (8ssssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. - 18 USC Indictments are dismissed on Section 2332a(a)(1) & (a)(3) the motion of the United (9sssss - 10sssss) States. (9sssss - 10sssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. Indictments are dismissed on (9sssssss) the motion of the United States. (9sssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Section 2332(a)(1), (a)(3) the motion of the United and 2. States. (9ssssssss) (9ssssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC 2332a(a)(1) and (a)(3). the motion of the United (10ssssss) States. (10ssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. Indictments are dismissed on (10sssssss) the motion of the United States. (10sssssss) 18:2332A.F KILLING A CITIZEN All Open Counts on All (s) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Section 2332 a(a)(1), the motion of the United (a)(3) and 2. States. (10ssssssss) (10ssssssss) 18:930.F POSSESS W/INTENT/USE All Open Counts on All (s) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on 18 USC Section 930(c), 1111 & the motion of the United 2 States. Docket as of February 22, 2002 10:23 pm Page 42 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (11sssss - 233sssss) (11sssss - 233sssss) 18:930.F POSSESS W/INTENT/USE All Open Counts on All (s) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (11sssssss - 223sssssss) the motion of the United States. (11sssssss - 223sssssss) 18:930.F POSSESS W/INTENT/USE All Open Counts on All (s) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on Title 18 USC Section 930(c), the motion of the United 1111 and 2. States. (11ssssssss - 223ssssssss) (11ssssssss - 223ssssssss) 18:930(c),1111,2 MURDER All Open Counts on All (s) (217ss - 227ss) Indictments are dismissed on the motion of the United States. (217ss - 227ss) 18:930.F MURDER All Open Counts on All (s) (217sss - 227sss) Indictments are dismissed on the motion of the United States. (217sss - 227sss) 18:930.F POSSESS W/INTENT/USE All Open Counts on All (s) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (217ssss - 227ssss) the motion of the United States. (217ssss - 227ssss) 18:930.F POSSESS W/INTENT/USE All Open Counts on All (s) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on Title 18 USC 930(c), 1111 and the motion of the United 2. States. (224ssssss - 234ssssss) (224ssssss - 234ssssss) 18:930.F POSSESS W/INTENT/USE All Open Counts on All (s) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (224sssssss - 234sssssss) the motion of the United States. (224sssssss - 234sssssss) 18:930.F POSSESS W/INTENT/USE All Open Counts on All (s) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on Title 18 USC Section 930(c), the motion of the United 1111 and 2. States. (224ssssssss - 234ssssssss) (224ssssssss - 234ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - 18 USC Section 7(3), 1111 Indictments are dismissed on & 2 the motion of the United (234sssss - 235sssss) States. Docket as of February 22, 2002 10:23 pm Page 43 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (234sssss - 235sssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) (235sssssss - 275sssssss) Indictments are dismissed on the motion of the United States. (235sssssss - 275sssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (235ssssssss - 275ssssssss) States. (235ssssssss - 275ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - 18 USC Section 1111, 1114 Indictments are dismissed on & 2 the motion of the United (236sssss - 237sssss) States. (236sssss - 237sssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - 18 USC Section 1111, 1116 Indictments are dismissed on & 2 the motion of the United (238sssss - 239sssss) States. (238sssss - 239sssss) 18:114.F MAIMING WITHIN All Open Counts on All (s) SPECIAL MARITIME OR Indictments are dismissed on TERRITORIAL JURISDICTION the motion of the United - 18 USC Section 114 & 2 States. (240sssss - 241sssss) (240sssss - 241sssss) 18:844H.F EXPLOSIVES USED IN All Open Counts on All (s) COMMISSION OF FELONY - 18 USC Indictments are dismissed on Section 844(h)(1), 844(h)(2) & the motion of the United 2 States. (242sssss) (242sssss) 18:924C.F VIOLENT All Open Counts on All (s) CRIME/DRUGS/MACHINE GUN - 18 Indictments are dismissed on USC Section 924(c) & 2 the motion of the United (243sssss - 244sssss) States. (243sssss - 244sssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) (276sssssss) Indictments are dismissed on the motion of the United States. (276sssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (276ssssssss) States. Docket as of February 22, 2002 10:23 pm Page 44 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (276ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC 1111, 1114 Indictments are dismissed on and 2. the motion of the United (277ssssss - 278ssssss) States. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) (277sssssss - 279sssssss) Indictments are dismissed on the motion of the United States. (277sssssss - 279sssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (277ssssssss - 278ssssssss) States. (277ssssssss - 278ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC 1111, 1114 Indictments are dismissed on and 2. the motion of the United (279ssssss) States. (279ssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (279ssssssss) States. (279ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) (280sssssss - 282sssssss) Indictments are dismissed on the motion of the United States. (280sssssss - 282sssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (280ssssssss - 281ssssssss) States. (280ssssssss - 281ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (282ssssssss) States. (282ssssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC 1111, 1116 Indictments are dismissed on and 2. the motion of the United (283ssssss) States. Docket as of February 22, 2002 10:23 pm Page 45 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (283ssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) (283sssssss) Indictments are dismissed on the motion of the United States. (283sssssss) 18:1111.F MURDER, FIRST DEGREE All Open Counts on All (s) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (283ssssssss) States. (283ssssssss) 18:844H.F EXPLOSIVES USED IN All Open Counts on All (s) COMMISSION OF FELONY Indictments are dismissed on (284sssssss) the motion of the United States. (284sssssss) 18:844H.F EXPLOSIVES USED IN All Open Counts on All (s) COMMISSION OF FELONY - Title Indictments are dismissed on 18 USC Sections 844(h)(1), the motion of the United 844(h)(2) and 2. States. (284ssssssss) (284ssssssss) 18:924C.F VIOLENT All Open Counts on All (s) CRIME/DRUGS/MACHINE GUN Indictments are dismissed on (285sssssss) the motion of the United States. (285sssssss) 18:924C.F VIOLENT All Open Counts on All (s) CRIME/DRUGS/MACHINE GUN - Indictments are dismissed on Title 18 USC Section the motion of the United 924(c) and 2. States. (285ssssssss) (285ssssssss) 18:924C.F VIOLENT All Open Counts on All (s) CRIME/DRUGS/MACHINE GUN - Indictments are dismissed on Title 18 USC 924(c) and 2. the motion of the United (286ssssss) States. (286ssssss) 18:924C.F VIOLENT All Open Counts on All (s) CRIME/DRUGS/MACHINE GUN Indictments are dismissed on (286sssssss) the motion of the United States. (286sssssss) 18:924C.F VIOLENT All Open Counts on All (s) CRIME/DRUGS/MACHINE GUN - Indictments are dismissed on Title 18 USC Section the motion of the United 924(c) and 2. States. Docket as of February 22, 2002 10:23 pm Page 46 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (286ssssssss) (286ssssssss) 18:1623.F FALSE DECLARATIONS All Open Counts on All (s) BEFORE GRAND JURY/COURT Indictments are dismissed on (287ssssssss - 305ssssssss) the motion of the United States. (287ssssssss - 305ssssssss) 18:1001.F STATEMENTS OR All Open Counts on All (s) ENTRIES GENERALLY Indictments are dismissed on (306ssssssss - 308ssssssss) the motion of the United States. (306ssssssss - 308ssssssss) Offense Level (disposition): 4 Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 47 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy USAMA BIN LADEN (5) Lloyd Epstein aka [COR LD NTC cja] Usamah Bin-Muhammad Bin-Ladin EPSTEIN & WEIL aka 225 Broadway Shaykh Usamah Bin-Ladin New York, NY 10007 aka (212) 732-4888 Mujahid Shaykh aka Hajj aka al Qaqa aka the Director defendant Pending Counts: Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1sssssss) Docket as of February 22, 2002 10:23 pm Page 48 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2 - 3) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2s - 3s) 18:844F.F MURDER DURINGBOMBING OF U.S. PROPERTY (2ss) 18:844F.F PENALTIES - IF DEATH RESULTS (2sss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2sssssss) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3ss) 18:844F.F PENALTIES - IF DEATH RESULTS (3sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3ssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3ssssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3sssssss) 18:930(c) MURDER Docket as of February 22, 2002 10:23 pm Page 49 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (4 - 227) 18:930(c),1111,2 MURDER (4s - 216s) 18:930.F MURDER (4ss - 216ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (4sss - 216sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5ssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5sssss) 18:844A.F PENALTIES FOR 18:842A-I (5ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5sssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & Docket as of February 22, 2002 10:23 pm Page 50 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (b) (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f)(3) & 2 (7ssss - 8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8sssssss) Docket as of February 22, 2002 10:23 pm Page 51 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9ssss - 10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10sssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11ssss - 233ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11sssss - 223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11ssssss - 223ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), Docket as of February 22, 2002 10:23 pm Page 52 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1111 and 2. (11sssssss - 223sssssss) 18:930(c),1111,2 MURDER (217s - 227s) 18:930.F MURDER (217ss - 227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217sss - 227sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224sssss - 234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224ssssss - 234ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224sssssss - 234sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234ssss - 235ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235sssss - 275sssss) 18:1111.F MURDER, FIRST DEGREE (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235sssssss - 275sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236ssss - 237ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 Docket as of February 22, 2002 10:23 pm Page 53 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR & 2 (238ssss - 239ssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240ssss - 241ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243ssss - 244ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276sssss) 18:1111.F MURDER, FIRST DEGREE (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277sssss - 278sssss) 18:1111.F MURDER, FIRST DEGREE (277ssssss - 279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277sssssss - 278sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Docket as of February 22, 2002 10:23 pm Page 54 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (279sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280sssss - 281sssss) 18:1111.F MURDER, FIRST DEGREE (280ssssss - 282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280sssssss - 281sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283sssss) 18:1111.F MURDER, FIRST DEGREE (283ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283sssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284sssssss) Docket as of February 22, 2002 10:23 pm Page 55 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286sssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287sssssss - 305sssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306sssssss - 308sssssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 56 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy MUHAMMAD ATEF (6) aka Abu Hafs aka Abu Hafs el Masry aka Abu Abu Hafs el Masry el Khabir aka Taysir aka Aheikh Taysir Abdullah defendant Pending Counts: Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1sssssss) Docket as of February 22, 2002 10:23 pm Page 57 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2 - 3) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (2s - 3s) 18:844F.F MURDER DURINGBOMBING OF U.S. PROPERTY (2ss) 18:844F.F PENALTIES - IF DEATH RESULTS (2sss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2sssssss) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3ss) 18:844F.F PENALTIES - IF DEATH RESULTS (3sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3ssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3ssssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3sssssss) 18:930(c) MURDER Docket as of February 22, 2002 10:23 pm Page 58 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (4 - 227) 18:930(c),1111,2 MURDER (4s - 216s) 18:930.F MURDER (4ss - 216ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (4sss - 216sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5ssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5sssss) 18:844A.F PENALTIES FOR 18:842A-I (5ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5sssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & Docket as of February 22, 2002 10:23 pm Page 59 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (b) (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f)(3) & 2 (7ssss - 8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7sssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8sssssss) Docket as of February 22, 2002 10:23 pm Page 60 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9ssss - 10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10sssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11ssss - 233ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11sssss - 223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11ssssss - 223ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), Docket as of February 22, 2002 10:23 pm Page 61 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1111 and 2. (11sssssss - 223sssssss) 18:930(c),1111,2 MURDER (217s - 227s) 18:930.F MURDER (217ss - 227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217sss - 227sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224sssss - 234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224ssssss - 234ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224sssssss - 234sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234ssss - 235ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235sssss - 275sssss) 18:1111.F MURDER, FIRST DEGREE (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235sssssss - 275sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236ssss - 237ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 Docket as of February 22, 2002 10:23 pm Page 62 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR & 2 (238ssss - 239ssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240ssss - 241ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243ssss - 244ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276sssss) 18:1111.F MURDER, FIRST DEGREE (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277sssss - 278sssss) 18:1111.F MURDER, FIRST DEGREE (277ssssss - 279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277sssssss - 278sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. Docket as of February 22, 2002 10:23 pm Page 63 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (279sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280sssss - 281sssss) 18:1111.F MURDER, FIRST DEGREE (280ssssss - 282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280sssssss - 281sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282sssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283sssss) 18:1111.F MURDER, FIRST DEGREE (283ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283sssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284sssssss) Docket as of February 22, 2002 10:23 pm Page 64 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285sssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286sssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287sssssss - 305sssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306sssssss - 308sssssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 65 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy MUSTAFA MOHAMED FADHIL (7) aka Mustafa Ali Elbishy aka "Hussein" aka Hassan Ali defendant Pending Counts: Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (3) Docket as of February 22, 2002 10:23 pm Page 66 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3s) 18:844F.F PENALTIES - IF DEATH RESULTS (3ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5sss) Docket as of February 22, 2002 10:23 pm Page 67 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f)(3) & 2 (7sss - 8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. Docket as of February 22, 2002 10:23 pm Page 68 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss - 10sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Docket as of February 22, 2002 10:23 pm Page 69 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18 USC Section 930(c), 1111 & 2 (11sss - 233sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssss - 223ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11sssss - 223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssssss - 223ssssss) 18:930(c),1111,2 MURDER (217 - 227) 18:930.F MURDER (217s - 227s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ss - 227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssss - 234ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssss - 234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssss - 234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sss - 235sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Docket as of February 22, 2002 10:23 pm Page 70 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (235ssss - 275ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sss - 237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sss - 239sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sss - 241sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sss - 244sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276ssss) 18:1111.F MURDER, FIRST DEGREE (276sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE (277sssss - 279sssss) Docket as of February 22, 2002 10:23 pm Page 71 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss - 281ssss) 18:1111.F MURDER, FIRST DEGREE (280sssss - 282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:1111.F MURDER, FIRST DEGREE (283sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title Docket as of February 22, 2002 10:23 pm Page 72 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssss - 305ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssss - 308ssssss) Offense Level (opening): 4 Docket as of February 22, 2002 10:23 pm Page 73 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Kevin Thomas Duffy KHALFAN KHAMIS MOHAMED (8) Jeremy Schneider aka [term 10/22/01] Khalfan Khamis [COR LD NTC cja] defendant Rothman, Schneider, Soloway, & [term 10/22/01] Stern 70 Lafayette St. 7th Floor New York, NY 10013 (212) 571-5500 David Stern [term 10/22/01] [COR LD NTC cja] Rothman, Schneider, Soloway & Stern, P.C. 70 Lafayette Street 7th Floor New York, NY 10013 (212) 571-5500 David Ruhnke [term 10/22/01] [COR LD NTC cja] Ruhnke & Barett 47 Park Street Montclair, NJ 07042 Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL Imprisonment: LIFE IMPRISONMENT A U.S. CITIZEN on counts 1,3,4,5,8,10,224 (1ssss) thru 234,277,278,279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to Docket as of February 22, 2002 10:23 pm Page 74 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (1ssss) 18:114.F MAIMING WITHIN Imprisonment: LIFE IMPRISONMENT SPECIAL MARITIME OR on counts 1,3,4,5,8,10,224 TERRITORIAL JURISDICTION thru 234,277,278,279 and 283; - Title 18 USC 114, 116 and followed by a mandatory TEN 117. (3ssss) (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (3ssss) 18:2332A.F KILLING A CITIZEN Imprisonment: LIFE IMPRISONMENT OUTSIDE THE U.S. - Title 18 on counts 1,3,4,5,8,10,224 USC 2332a(a)(1) and (a)(3). thru 234,277,278,279 and 283; (4ssss) followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (4ssss) 18:844G.F POSSESS EXPLOSIVES Imprisonment: LIFE IMPRISONMENT ON FEDERAL PROPERTY - Title 18 on counts 1,3,4,5,8,10,224 USC 844(n). thru 234,277,278,279 and 283; (5ssss) followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to Docket as of February 22, 2002 10:23 pm Page 75 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (5ssss) 18:844F.F PENALTIES - IF DEATH Imprisonment: LIFE IMPRISONMENT RESULTS - Title 18 USC on counts 1,3,4,5,8,10,224 844(f)(1), (f)(3) and 2. thru 234,277,278,279 and 283; (8ssss) followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (8ssss) 18:2332A.F KILLING A CITIZEN Imprisonment: LIFE IMPRISONMENT OUTSIDE THE U.S. - Title 18 on counts 1,3,4,5,8,10,224 USC 2332a(a)(1) and (a)(3). thru 234,277,278,279 and 283; (10ssss) followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (10ssss) 18:930.F POSSESS W/INTENT/USE Imprisonment: LIFE IMPRISONMENT IN CRIME (FEDERAL FACILITY) - on counts 1,3,4,5,8,10,224 Title 18 USC 930(c), 1111 and thru 234,277,278,279 and 283; 2. followed by a mandatory TEN (224ssss - 234ssss) (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to Docket as of February 22, 2002 10:23 pm Page 76 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (224ssss - 234ssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: LIFE IMPRISONMENT - Title 18 USC 1111, 1114 on counts 1,3,4,5,8,10,224 and 2. thru 234,277,278,279 and 283; (277ssss - 278ssss) followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE Imprisonment: LIFE IMPRISONMENT - Title 18 USC 1111, 1114 on counts 1,3,4,5,8,10,224 and 2. thru 234,277,278,279 and 283; (279ssss) followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (279ssss) Docket as of February 22, 2002 10:23 pm Page 77 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE Imprisonment: LIFE IMPRISONMENT - Title 18 USC 1111, 1116 on counts 1,3,4,5,8,10,224 and 2. thru 234,277,278,279 and 283; (283ssss) followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (283ssss) 18:844H.F EXPLOSIVES USED IN Imprisonment: LIFE IMPRISONMENT COMMISSION OF FELONY - Title on counts 1,3,4,5,8,10,224 18 USC 844(h)(1), 844(h)(2) thru 234,277,278,279 and 283; and 2. followed by a mandatory TEN (284ssss) (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (284ssss) 18:924C.F VIOLENT Imprisonment: LIFE IMPRISONMENT CRIME/DRUGS/MACHINE GUN - on counts 1,3,4,5,8,10,224 Title 18 USC 924(c) and 2. thru 234,277,278,279 and 283; (286ssss) followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10, 224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. (286ssss) Docket as of February 22, 2002 10:23 pm Page 78 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Offense Level (opening): 4 Terminated Counts: Disposition 18:2332(b) CONSPIRACY TO All open counts on all (S) MURDER U.S. NATIONALS Indictments are dismissed on (1) the motion of the United States. (1) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN Indictments are dismissed on (1s) the motion of the United States. (1s) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN Indictments are dismissed on (1ss) the motion of the United States. (1ss) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN Indictments are dismissed on (1sss) the motion of the United States. (1sss) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN Indictments are dismissed on (1sssss) the motion of the United States. (1sssss) 18:2332B.F CONSPIRACY TO KILL All open counts on all (S) A U.S. CITIZEN - Title 18 USC Indictments are dismissed on Section 2332(b). the motion of the United (1ssssss) States. (1ssssss) 18:956.F CONSPIRACY TO INJURE All open counts on all (S) PROPERTY OF FOREIGN Indictments are dismissed on GOVERNMENT - Title 18 USC the motion of the United Sections 956(a)(1) and States. (a)(2)(A). (2ssssss) (2ssssss) 18:844(f)(1),(f)(3),2 MURDER All open counts on all (S) DURING BOMBING OF U.S. Indictments are dismissed on PROPERTY the motion of the United (3) States. (3) Docket as of February 22, 2002 10:23 pm Page 79 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F MURDER DURING All open counts on all (S) BOMBING OF U.S. PROPERTY Indictments are dismissed on (3s) the motion of the United States. (3s) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS Indictments are dismissed on (3ss) the motion of the United States. (3ss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - 18 USC Sections 1111, Indictments are dismissed on 1114, 1116 & 1117 the motion of the United (3sss) States. (3sss) 18:1114.F PROTECTION OF All open counts on all (S) OFFICERS AND EMPLOYEES OF U.S. Indictments are dismissed on (3sssss) the motion of the United States. (3sssss) 18:1114.F PROTECTION OF All open counts on all (S) OFFICERS AND EMPLOYEES OF U.S. Indictments are dismissed on - Title 18 USC 1114, 1116 the motion of the United and 1117. States. (3ssssss) (3ssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - 18 USC Indictments are dismissed on Sections 2332(a)(1) & (a)(3) the motion of the United (4sss) States. (4sss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. Indictments are dismissed on (4sssss) the motion of the United States. (4sssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Sections 2332(a)(1) and the motion of the United (a)(3). States. (4ssssss) (4ssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - 18 USC Section Indictments are dismissed on 844(f)(1)(f)(3), & 844(n) the motion of the United (5sss) States. (5sss) Docket as of February 22, 2002 10:23 pm Page 80 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844A.F PENALTIES FOR All open counts on all (S) 18:842A-I Indictments are dismissed on (5sssss) the motion of the United States. (5sssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - Title 18 USC Indictments are dismissed on Section 844(n). the motion of the United (5ssssss) States. (5ssssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on 18 USC Section 2155(a) & the motion of the United (b) States. (6sss) (6sss) 18:2155A.F DESTRUCTION OF All open counts on all (S) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on Title 18 USC 2155(a) and (b). the motion of the United (6ssss) States. (6ssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) NATIONAL DEFENSE MATERIALS Indictments are dismissed on (6sssss) the motion of the United States. (6sssss) 18:2155A.F DESTRUCTION OF All open counts on all (S) NATIONAL DEFENSE MATERIALS - Indictments are dismissed on Title 18 USC Section 2155(a) the motion of the United and (b). States. (6ssssss) (6ssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - 18 USC Section Indictments are dismissed on 844(f)(1), (f)(3) & 2 the motion of the United (7sss - 8sss) States. (7sss - 8sss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - Title 18 USC Indictments are dismissed on Section 844(f)(1), (f)(3) and the motion of the United 2. States. (7ssssss) (7ssssss) 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS Indictments are dismissed on (8sssss) the motion of the United States. (8sssss) Docket as of February 22, 2002 10:23 pm Page 81 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F PENALTIES - IF DEATH All open counts on all (S) RESULTS - Title 18 USC Indictments are dismissed on Section 844(f)(1), (f)(3) and the motion of the United 2. States. (8ssssss) (8ssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - 18 USC Indictments are dismissed on Section 2332a(a)(1) & (a)(3) the motion of the United (9sss - 10sss) States. (9sss - 10sss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Section 2332(a)(1), (a)(3) the motion of the United and 2. States. (9ssssss) (9ssssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. Indictments are dismissed on (10sssss) the motion of the United States. (10sssss) 18:2332A.F KILLING A CITIZEN All open counts on all (S) OUTSIDE THE U.S. - Title 18 Indictments are dismissed on USC Section 2332 a(a)(1), the motion of the United (a)(3) and 2. States. (10ssssss) (10ssssss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on 18 USC Section 930(c), 1111 & the motion of the United 2 States. (11sss - 233sss) (11sss - 233sss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on Title 18 USC Section 930(c), the motion of the United 1111 and 2. States. (11ssssss - 223ssssss) (11ssssss - 223ssssss) 18:930(c),1111,2 MURDER All open counts on all (S) (217 - 227) Indictments are dismissed on the motion of the United States. (217 - 227) 18:930.F MURDER All open counts on all (S) (217s - 227s) Indictments are dismissed on the motion of the United States. (217s - 227s) Docket as of February 22, 2002 10:23 pm Page 82 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (217ss - 227ss) the motion of the United States. (217ss - 227ss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) Indictments are dismissed on (224sssss - 234sssss) the motion of the United States. (224sssss - 234sssss) 18:930.F POSSESS W/INTENT/USE All open counts on all (S) IN CRIME (FEDERAL FACILITY) - Indictments are dismissed on Title 18 USC Section 930(c), the motion of the United 1111 and 2. States. (224ssssss - 234ssssss) (224ssssss - 234ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - 18 USC Section 7(3), 1111 Indictments are dismissed on & 2 the motion of the United (234sss - 235sss) States. (234sss - 235sss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (235ssssss - 275ssssss) States. (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - 18 USC Section 1111, 1114 Indictments are dismissed on & 2 the motion of the United (236sss - 237sss) States. (236sss - 237sss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - 18 USC Section 1111, 1116 Indictments are dismissed on & 2 the motion of the United (238sss - 239sss) States. (238sss - 239sss) 18:114.F MAIMING WITHIN All open counts on all (S) SPECIAL MARITIME OR Indictments are dismissed on TERRITORIAL JURISDICTION the motion of the United - 18 USC Section 114 & 2 States. (240sss - 241sss) (240sss - 241sss) 18:844H.F EXPLOSIVES USED IN All open counts on all (S) COMMISSION OF FELONY - 18 USC Indictments are dismissed on Section 844(h)(1), 844(h)(2) & the motion of the United 2 States. (242sss) (242sss) Docket as of February 22, 2002 10:23 pm Page 83 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN - 18 Indictments are dismissed on USC Section 924(c) & 2 the motion of the United (243sss - 244sss) States. (243sss - 244sss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (276ssssss) States. (276ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) (277sssss - 279sssss) Indictments are dismissed on the motion of the United States. (277sssss - 279sssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (277ssssss - 278ssssss) States. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1114 and 2. the motion of the United (279ssssss) States. (279ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (280ssssss - 281ssssss) States. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (282ssssss) States. (282ssssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) (283sssss) Indictments are dismissed on the motion of the United States. (283sssss) 18:1111.F MURDER, FIRST DEGREE All open counts on all (S) - Title 18 USC Sections Indictments are dismissed on 1111, 1116 and 2. the motion of the United (283ssssss) States. (283ssssss) Docket as of February 22, 2002 10:23 pm Page 84 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844H.F EXPLOSIVES USED IN All open counts on all (S) COMMISSION OF FELONY Indictments are dismissed on (284sssss) the motion of the United States. (284sssss) 18:844H.F EXPLOSIVES USED IN All open counts on all (S) COMMISSION OF FELONY - Title Indictments are dismissed on 18 USC Sections 844(h)(1), the motion of the United 844(h)(2) and 2. States. (284ssssss) (284ssssss) 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN - Indictments are dismissed on Title 18 USC Section the motion of the United 924(c) and 2. States. (285ssssss) (285ssssss) 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN Indictments are dismissed on (286sssss) the motion of the United States. (286sssss) 18:924C.F VIOLENT All open counts on all (S) CRIME/DRUGS/MACHINE GUN - Indictments are dismissed on Title 18 USC Section the motion of the United 924(c) and 2. States. (286ssssss) (286ssssss) 18:1623.F FALSE DECLARATIONS All open counts on all (S) BEFORE GRAND JURY/COURT Indictments are dismissed on (287ssssss - 305ssssss) the motion of the United States. (287ssssss - 305ssssss) 18:1001.F STATEMENTS OR All open counts on all (S) ENTRIES GENERALLY Indictments are dismissed on (306ssssss - 308ssssss) the motion of the United States. (306ssssss - 308ssssss) Offense Level (disposition): 4 Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 85 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy AHMED KHALFAN GHAILANI (9) aka Fupi aka Abubakary Khalfan Ahmed Ghailiani defendant Pending Counts: Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (3) Docket as of February 22, 2002 10:23 pm Page 86 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3s) 18:844F.F PENALTIES - IF DEATH RESULTS (3ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5sss) Docket as of February 22, 2002 10:23 pm Page 87 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f)(3) & 2 (7sss - 8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7ssssss) Docket as of February 22, 2002 10:23 pm Page 88 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss - 10sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & Docket as of February 22, 2002 10:23 pm Page 89 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2 (11sss - 233sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssss - 223ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11sssss - 223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssssss - 223ssssss) 18:930(c),1111,2 MURDER (217 - 227) 18:930.F MURDER (217s - 227s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ss - 227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssss - 234ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssss - 234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssss - 234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sss - 235sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235ssss - 275ssss) Docket as of February 22, 2002 10:23 pm Page 90 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE (235sssss - 275sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sss - 237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sss - 239sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sss - 241sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sss - 244sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276ssss) 18:1111.F MURDER, FIRST DEGREE (276sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssss - 278ssss) Docket as of February 22, 2002 10:23 pm Page 91 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE (277sssss - 279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss - 281ssss) 18:1111.F MURDER, FIRST DEGREE (280sssss - 282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:1111.F MURDER, FIRST DEGREE (283sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssss) Docket as of February 22, 2002 10:23 pm Page 92 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssss - 305ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssss - 308ssssss) Docket as of February 22, 2002 10:23 pm Page 93 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Kevin Thomas Duffy FAHID MOHAMMED MSALAM (10) aka Fahad M. Ally defendant Pending Counts: Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). Docket as of February 22, 2002 10:23 pm Page 94 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (3) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY (3s) 18:844F.F PENALTIES - IF DEATH RESULTS (3ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. Docket as of February 22, 2002 10:23 pm Page 95 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5sss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f)(3) & 2 (7sss - 8sss) Docket as of February 22, 2002 10:23 pm Page 96 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss - 10sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) Docket as of February 22, 2002 10:23 pm Page 97 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11sss - 233sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssss - 223ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11sssss - 223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssssss - 223ssssss) 18:930(c),1111,2 MURDER (217 - 227) 18:930.F MURDER (217s - 227s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ss - 227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssss - 234ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssss - 234sssss) Docket as of February 22, 2002 10:23 pm Page 98 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssss - 234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sss - 235sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235ssss - 275ssss) 18:1111.F MURDER, FIRST DEGREE (235sssss - 275sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sss - 237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sss - 239sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sss - 241sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sss - 244sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Docket as of February 22, 2002 10:23 pm Page 99 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (276ssss) 18:1111.F MURDER, FIRST DEGREE (276sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE (277sssss - 279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss - 281ssss) 18:1111.F MURDER, FIRST DEGREE (280sssss - 282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. Docket as of February 22, 2002 10:23 pm Page 100 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:1111.F MURDER, FIRST DEGREE (283sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssss) Docket as of February 22, 2002 10:23 pm Page 101 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssss - 305ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssss - 308ssssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 102 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy SHEIKH AHMED SALIM SWEDAN (11) aka Sheikh Bahamadi aka Ahmed Ally defendant Pending Counts: Disposition 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssssss) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (3) 18:844F.F MURDER DURING BOMBING OF U.S. PROPERTY Docket as of February 22, 2002 10:23 pm Page 103 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (3s) 18:844F.F PENALTIES - IF DEATH RESULTS (3ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC 1114, 1116 and 1117. (3ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections 2332(a)(1) and (a)(3). (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5sss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 Docket as of February 22, 2002 10:23 pm Page 104 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR USC 844(n). (5ssss) 18:844A.F PENALTIES FOR 18:842A-I (5sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f)(3) & 2 (7sss - 8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (7sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (7ssssss) Docket as of February 22, 2002 10:23 pm Page 105 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 18:844F.F PENALTIES - IF DEATH RESULTS (8sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(f)(1), (f)(3) and 2. (8ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss - 10sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332 a(a)(1), (a)(3) and 2. (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 Docket as of February 22, 2002 10:23 pm Page 106 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (11sss - 233sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssss - 223ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11sssss - 223sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssssss - 223ssssss) 18:930(c),1111,2 MURDER (217 - 227) 18:930.F MURDER (217s - 227s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (217ss - 227ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224ssss - 234ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224sssss - 234sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (224ssssss - 234ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sss - 235sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235ssss - 275ssss) Docket as of February 22, 2002 10:23 pm Page 107 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE (235sssss - 275sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssssss - 275ssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236sss - 237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sss - 239sss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240sss - 241sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243sss - 244sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276ssss) 18:1111.F MURDER, FIRST DEGREE (276sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE Docket as of February 22, 2002 10:23 pm Page 108 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (277sssss - 279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss - 281ssss) 18:1111.F MURDER, FIRST DEGREE (280sssss - 282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:1111.F MURDER, FIRST DEGREE (283sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (283ssssss) Docket as of February 22, 2002 10:23 pm Page 109 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Section 924(c) and 2. (286ssssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssssss - 305ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssssss - 308ssssss) Docket as of February 22, 2002 10:23 pm Page 110 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Kevin Thomas Duffy MAMDOUH MAHMUD SALIM (12) Richard B. Lind aka [COR LD NTC cja] "Abu Hajer al Iraqi," 750 Lexington Avenue aka New York, NY 10022 "Abu Hajer," 212-753-9797 defendant Charles Adler [term 11/13/00] [COR LD NTC cja] Goltzer & Adler 110 E. 59th St. New York, NY 10022 212-421-7600 George R. Goltzer [term 11/13/00] [COR LD NTC cja] Goltzer & Adler 598 Madison Avenue New York, NY 10022 (212) 421-3220 Allan P. Haber [COR LD NTC cja] 305 Broadway NY, NY 10007 212-233-4411 Paul J. McAllister [term 11/13/00] [COR LD NTC cja] Law offices of Paul J Mc Allister 401 Broadway 25th Floor Docket as of February 22, 2002 10:23 pm Page 111 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR New York, NY 10013 (212) 274-0920 Irving Cohen [COR LD NTC cja] 233 Broadway Suite 2701 New York, NY 10279 (212) 964-2544 Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1sssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2sssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3ss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3sss) Docket as of February 22, 2002 10:23 pm Page 112 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5ss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5sss) 18:844A.F PENALTIES FOR 18:842A-I (5ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS Docket as of February 22, 2002 10:23 pm Page 113 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6sssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7sssss - 8sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11sssss - 234sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235sssss - 279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280sssss - 283sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285sssss - 286sssss) Docket as of February 22, 2002 10:23 pm Page 114 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287sssss - 305sssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306sssss - 308sssss) 18:1203.F HOSTAGE TAKING (309ssss) 18:1203.F HOSTAGE TAKING (310ssss) 18:1117.F CONSPIRACY TO MURDER (311ssss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (312ssss) 18:111.F ASSAULTING/RESISTING/IMPEDING OFFICERS/EMPLOYEES (313ssss - 314ssss) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (315ssss) 18:751A.F PRISONER IN CUSTODY OF INSTITUTION OR OFFICER (316ssss) 18:1791A.F TRAFFIC IN CONTRABAND ARTICLES - FIREARMS (317ssss - 319ssss) Offense Level (opening): 4 Terminated Counts: NONE Docket as of February 22, 2002 10:23 pm Page 115 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Complaints Disposition 18 U.S.C. 2332(b): MURDER CONSPIRACY; 18 U.S.C. 2332a(a): CONSPIRACY TO USE WEAPONS OF MASS DESTRUCTION; 18 U.S.C. 844(d) & (n): CONSPIRACY TO TRANSPORT EXPLOSIVES; 18 U.S.C. 2155(b): CONSPIRACY TO ATTACK MILITARY FACILITIES. [ 1:98-m -2140 ] 18 U.S.C. 2332(b): MURDER CONSPIRACY; 18 U.S.C. 2332(a): USE OF WEAPONS OF MASS DESTRUCTION. [ 1:98-m -2140 ] ======================== Case Assigned to: Judge Kevin Thomas Duffy ALI MOHAMED (13) aka Ali Abdelseoud Mohamed aka Abu Omar aka Omar aka Haydara aka Taymour Ali Nasser aka Ahmed Bahaa Adam defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN Docket as of February 22, 2002 10:23 pm Page 116 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1sss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1ssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - 18 USC 956(a)(1) & (a)(2)(A) (2s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC 956(a)(1) and (a)(2)(A). (2ss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3s) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3sss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4s) Docket as of February 22, 2002 10:23 pm Page 117 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5s) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ss) 18:844A.F PENALTIES FOR 18:842A-I (5sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ssss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7ssss - 8ssss) Docket as of February 22, 2002 10:23 pm Page 118 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ssss - 234ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ssss - 279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ssss - 283ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285ssss - 286ssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ssss - 305ssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ssss - 308ssss) Offense Level (opening): 4 Terminated Counts: Docket as of February 22, 2002 10:23 pm Page 119 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR NONE Complaints: NONE ======================== Case Assigned to: Judge Kevin Thomas Duffy AYMAN AL ZAWAHIRI (14) aka Abdel Muaz aka Ayman Al Zawahiri, Dr. aka the Doctor defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1sss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 1116 & 1117 (3) Docket as of February 22, 2002 10:23 pm Page 120 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3ss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332(a)(1) & (a)(3) (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4sss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3) & 844(n) (5) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5s) 18:844A.F PENALTIES FOR 18:842A-I (5ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5sss) Docket as of February 22, 2002 10:23 pm Page 121 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6sss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1),(f)(3) & 2 (7 - 8) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7s) 18:844F.F PENALTIES - IF DEATH RESULTS (7ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7sss - 8sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8s) 18:844F.F PENALTIES - IF DEATH RESULTS (8ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) Docket as of February 22, 2002 10:23 pm Page 122 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (9 - 10) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11 - 233) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11s - 223s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11ss - 223ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11sss - 234sss) Docket as of February 22, 2002 10:23 pm Page 123 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224s - 234s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224ss - 234ss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234 - 235) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235s - 275s) 18:1111.F MURDER, FIRST DEGREE (235ss - 275ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235sss - 279sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 & 2 (236 - 237) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238 - 239) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - 18 USC Section 114 & 2 (240 - 241) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - 18 USC Section 844(h)(1), 844(h)(2) & 2 (242) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18 USC Section 924(c) & 2 (243 - 244) Docket as of February 22, 2002 10:23 pm Page 124 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276s) 18:1111.F MURDER, FIRST DEGREE (276ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277s - 278s) 18:1111.F MURDER, FIRST DEGREE (277ss - 279ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280s - 281s) 18:1111.F MURDER, FIRST DEGREE (280ss - 282ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280sss - 283sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283s) 18:1111.F MURDER, FIRST DEGREE (283ss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284s) Docket as of February 22, 2002 10:23 pm Page 125 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284ss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285sss - 286sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286ss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287sss - 305sss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306sss - 308sss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: Docket as of February 22, 2002 10:23 pm Page 126 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR NONE ======================== Case Assigned to: Judge Kevin Thomas Duffy KHALED AL FAWWAZ (15) aka Khaled Abdul Khaled Abdul Rahman Hamad al Fawwaz aka Abu Omar aka Hamad defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ss) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1sss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1114 1116 & 1117 (3) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3s) Docket as of February 22, 2002 10:23 pm Page 127 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3ss) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332(a)(1) & (a)(3) (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4sss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3) & 844(n) (5) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5s) 18:844A.F PENALTIES FOR 18:842A-I (5ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5sss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6ss) Docket as of February 22, 2002 10:23 pm Page 128 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6sss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7sss - 8sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9sss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10sss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11sss - 234sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235sss - 279sss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280sss - 283sss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284sss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285sss - 286sss) 18:1623.F FALSE DECLARATIONS Docket as of February 22, 2002 10:23 pm Page 129 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR BEFORE GRAND JURY/COURT (287sss - 305sss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306sss - 308sss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Kevin Thomas Duffy IBRAHIM EIDAROUS (16) aka Ibrahim H.A. Eidarous aka Daoud aka Abu Abdullah aka Ibrahim defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1ss) Docket as of February 22, 2002 10:23 pm Page 130 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4ss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5) 18:844A.F PENALTIES FOR 18:842A-I (5s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). Docket as of February 22, 2002 10:23 pm Page 131 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7) 18:844F.F PENALTIES - IF DEATH RESULTS (7s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7ss - 8ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8) 18:844F.F PENALTIES - IF DEATH RESULTS (8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). Docket as of February 22, 2002 10:23 pm Page 132 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (10) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11 - 223) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11s - 223s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11ss - 234ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224 - 234) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224s - 234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235 - 275) 18:1111.F MURDER, FIRST DEGREE (235s - 275s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ss - 279ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. Docket as of February 22, 2002 10:23 pm Page 133 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (276) 18:1111.F MURDER, FIRST DEGREE (276s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277 - 278) 18:1111.F MURDER, FIRST DEGREE (277s - 279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280 - 281) 18:1111.F MURDER, FIRST DEGREE (280s - 282s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ss - 283ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283) 18:1111.F MURDER, FIRST DEGREE (283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284s) Docket as of February 22, 2002 10:23 pm Page 134 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285ss - 286ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ss - 305ss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ss - 308ss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 135 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy ADEL ABDEL BARY (17) aka Adel M.A.A.A. Bary aka Abbas aka Abu Dia aka Adel defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1s) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1ss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2ss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 Docket as of February 22, 2002 10:23 pm Page 136 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR USC 2332a(a)(1) and (a)(3). (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4ss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5) 18:844A.F PENALTIES FOR 18:842A-I (5s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5ss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (7) 18:844F.F PENALTIES - IF DEATH RESULTS (7s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and Docket as of February 22, 2002 10:23 pm Page 137 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2. (7ss - 8ss) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC 844(f)(1), (f)(3) and 2. (8) 18:844F.F PENALTIES - IF DEATH RESULTS (8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (9) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11 - 223) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11s - 223s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Docket as of February 22, 2002 10:23 pm Page 138 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Title 18 USC Section 930(c), 1111 and 2. (11ss - 234ss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (224 - 234) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224s - 234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235 - 275) 18:1111.F MURDER, FIRST DEGREE (235s - 275s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235ss - 279ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276) 18:1111.F MURDER, FIRST DEGREE (276s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277 - 278) 18:1111.F MURDER, FIRST DEGREE (277s - 279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280 - 281) 18:1111.F MURDER, FIRST DEGREE Docket as of February 22, 2002 10:23 pm Page 139 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (280s - 282s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280ss - 283ss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283) 18:1111.F MURDER, FIRST DEGREE (283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285ss - 286ss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. Docket as of February 22, 2002 10:23 pm Page 140 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (286) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287ss - 305ss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306ss - 308ss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 141 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy SAIF AL ADEL (18) aka Saif defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4s) 18:844A.F PENALTIES FOR 18:842A-I (5) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6) Docket as of February 22, 2002 10:23 pm Page 142 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7s - 8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11s - 234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235s - 279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280s - 283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285s - 286s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT Docket as of February 22, 2002 10:23 pm Page 143 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (287s - 305s) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306s - 308s) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Kevin Thomas Duffy ABDULLAH AHMED ABDULLAH (19) aka Abu Mohamed el Masry aka Saleh aka Abu Marium defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. Docket as of February 22, 2002 10:23 pm Page 144 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (4) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4s) 18:844A.F PENALTIES FOR 18:842A-I (5) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6s) 18:844F.F PENALTIES - IF DEATH RESULTS (7) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7s - 8s) 18:844F.F PENALTIES - IF DEATH RESULTS (8) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (9) Docket as of February 22, 2002 10:23 pm Page 145 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. (10) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (11 - 223) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11s - 234s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) (224 - 234) 18:1111.F MURDER, FIRST DEGREE (235 - 275) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235s - 279s) 18:1111.F MURDER, FIRST DEGREE (276) 18:1111.F MURDER, FIRST DEGREE (277 - 279) 18:1111.F MURDER, FIRST DEGREE (280 - 282) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280s - 283s) 18:1111.F MURDER, FIRST DEGREE Docket as of February 22, 2002 10:23 pm Page 146 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (283) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY (284) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (285) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285s - 286s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (286) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287s - 305s) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306s - 308s) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 147 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy MUHSIN MUSA MATWALLI ATWAH (20) aka Abdel Rahman al Muhajer aka Abdel Rahman defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4s) 18:844A.F PENALTIES FOR 18:842A-I (5) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5s) 18:2155A.F DESTRUCTION OF Docket as of February 22, 2002 10:23 pm Page 148 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR NATIONAL DEFENSE MATERIALS (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7s - 8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11s - 234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235s - 279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280s - 283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285s - 286s) Docket as of February 22, 2002 10:23 pm Page 149 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287s - 305s) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306s - 308s) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 150 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy ANAS AL LIBY (21) aka Nazih al Raghie aka Anas al Sebai defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1) 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Sections 2332(b). (1s) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC Sections 956(a)(1) and (a)(2)(A). (2s) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. (3) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1) and (a)(3). (4s) 18:844A.F PENALTIES FOR 18:842A-I (5) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5s) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS Docket as of February 22, 2002 10:23 pm Page 151 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR (6) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6s) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Sections 844(f)(1), (f)(3) and 2. (7s - 8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Section 2332(a)(1), (a)(3) and 2. (9s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC Sections a(a)(1), (a)(3) and 2. (10s) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC Section 930(c), 1111 and 2. (11s - 234s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1114 and 2. (235s - 279s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC Sections 1111, 1116 and 2. (280s - 283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC Sections 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC Sections 924(c) and 2. (285s - 286s) Docket as of February 22, 2002 10:23 pm Page 152 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (287s - 305s) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (306s - 308s) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 153 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy L'HOUSSIANE KHERCHTOU (22) aka Abu Talal aka "Talal" aka "Yusuf" aka "Joseph." aka "Jamal." defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN-18:2332(b) Conspiracy to Kill United States Nationals. (1) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of February 22, 2002 10:23 pm Page 154 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Kevin Thomas Duffy MOHAMED SULEIMAN AL NALFI (23) aka Nalfi aka Abu Musab aka Mohamed Suleiman Adam defendant Pending Counts: Disposition 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN - Title 18 USC Section 2332(b). (1) 18:1114.F PROTECTION OF OFFICERS AND EMPLOYEES OF U.S. - Title 18 USC Sections 1114, 1116 and 1117. (3) 18:844F.F PENALTIES - IF DEATH RESULTS - Title 18 USC Section 844(n). (5) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC Section 2155(a) and (b). (6) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE U. S. Attorneys: Patrick J. Fitzgerald Docket as of February 22, 2002 10:23 pm Page 155 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [COR LD NTC] Chief, Organized Crime and Terrorism Mary Jo White, United States Attorney Criminal Division One St. Andrew's Plaza New York, NY 10007 USA (212) 637-1045 Docket as of February 22, 2002 10:23 pm Page 156 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 9/14/98 1 COMPLAINT as to Mamdouh Mahmud Salim in violation of 18 U.S.C. 2332 & 2332a. ( signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2140 ] (gq) [Entry date 09/29/98] 9/14/98 2 ARREST WARRANT issued as to Mamdouh Mahmud Salim. [ 1:98-m -2140 ] (gq) [Entry date 09/29/98] 9/16/98 -- ARREST of Wadih El Hage. [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] 9/17/98 1 COMPLAINT as to Wadih El Hage in violation of 18 U.S.C. 1001. ( signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] [Edit date 09/22/98] 9/17/98 2 CJA 23 Financial Affidavit as to Wadih El Hage : ( Signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] [Edit date 09/22/98] 9/17/98 3 CJA 20 as to Wadih El Hage : Appointment of Attorney Bruce McIntyre. ( Signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] 9/17/98 4 NOTICE of Appearance for Wadih El Hage by Attorney Bruce McIntyre. [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] [Edit date 09/22/98] 9/17/98 -- First Appearance as to Wadih El Hage held. Deft appears with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald present for the gov't. Preliminary Examination set for 10/1/98 for Wadih El Hage ; Detention Hearing set for 2:00 9/21/98 for Wadih El Hage ; (Mag. Judge Francis, IV). [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] 9/21/98 -- Detention hearing as to Wadih El Hage held. Deft appears with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald present for the gov't. Detention hearing adjourned on deft's request until 9/23/98 at 2:30 p.m. Deft to be detained until hearing. (Mag. Judge Pitman). [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] 9/21/98 5 INDICTMENT as to Wadih El Hage (1) count(s) 1-8, 9-11 (Preliminary Examination cancelled.) (jm) [Entry date 09/22/98] 9/23/98 -- Detention hearing as to Wadih El Hage held. Deft present w/atty Bruce Mcintyre, AUSA Patrick Fitzgerald present. Deft detained (Bernikow, MJ). (bh) [Entry date 09/24/98] Docket as of February 22, 2002 10:23 pm Page 157 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 9/23/98 6 ORDER OF DETENTION as to Wadih El Hage defendant has ties to other countries, risk of flight.( Signed by Magistrate Judge Leonard Bernikow ) (bh) [Entry date 09/24/98] 9/24/98 -- Arraignment as to Wadih El Hage held. Deft. Hage pres. w/atty. Bruce McIntyre. AUSA, Patrick Fitzgerald and Ken Karas. Deft. Wadih El Hage (1) enters a plea of not guilty to count(s) 1-8, 9-11 before Magistrate Judge Leonard Bernikow. Case has been assigned to Judge Sprizzo for all purposes. Deft's. bail-status detained. (Magistrate Judge Bernikow) (ba) [Entry date 09/29/98] 9/24/98 -- PLEA entered by Wadih El Hage . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1-8, 9-11 (ba) [Entry date 09/29/98] 9/24/98 -- CASE assigned to Judge John E. Sprizzo (ba) [Entry date 09/29/98] 9/24/98 7 NOTICE of Appearance for Wadih El Hage by Attorney Bruce McIntyre. (ba) [Entry date 09/29/98] 9/25/98 3 ORDER as to Mamdouh Mahmud Salim, unsealing Complaint 98 Mag. 2140. ( Signed by Judge Loretta A. Preska ); Copies mailed. [ 1:98-m -2140 ] (gq) [Entry date 09/29/98] 9/29/98 4 AMENDED COMPLAINT as to Mamdouh Mahmud Salim in violation of 18 U.S.C. 2332A, 2332(b), 844(n), 2155. (Signed by Mag. Judge Douglas F. Eaton). [ 1:98-m -2140 ] (gq) [Entry date 09/30/98] 9/29/98 5 AMENDED ARREST WARRANT issued as to Mamdouh Mahmud Salim. [ 1:98-m -2140 ] (gq) [Entry date 09/30/98] 10/1/98 -- Status conference as to Wadih El Hage held. Dft. present with atty. Bruce McIntyre. AUSA Patrick Fitzgerald present. Case reassigned to Judge Sand. Dft. continued detained.....Eaton, J. (mb) [Entry date 10/06/98] [Edit date 10/06/98] 10/1/98 -- CASE reassigned to Judge Leonard B. Sand. (mb) [Entry date 10/07/98] 10/1/98 8 Pursuant to the memorandum of the Case Processing Asst. the above entitled action is reassigned to Judge Sand as to Wadih El Hage. Copies sent to attorney of record on 10/7/98. Documents received on 10/9/98 by Elizabeth Stanton. . (mb) [Entry date 10/07/98] [Edit date 10/14/98] Docket as of February 22, 2002 10:23 pm Page 158 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/7/98 -- Status conference as to Wadih El Hage held. Deft. El Hage present w/atty Bruce McIntyre. AUSA Patrick Fitzgerald and Ken Karas present. Conference held. Govt' will need a month to gather facts as to how much discovery time will be needed. Status conference set for 11/10/98 at 9:30 a.m. Gov't submit order excluding time thru Nov. 10, 1998. Deft. cont'd detained. Gov't will file a S-Ind this day. (rg) [Entry date 10/08/98] 10/7/98 -- Status conference as to Wadih El Hage set at 9:30 11/10/98 for Wadih El Hage (rg) [Entry date 10/08/98] 10/7/98 11 (S1) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s, Fazul Abdullah Mohammed (2) count(s) 1, 2-3, 4-227, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 (rg) [Entry date 10/30/98] 10/8/98 9 ORDER as to Wadih El Hage, Time is excluded from 10/7/98 until 11/10/9 pursuant to the Speedy Trial Act and to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) [Entry date 10/14/98] 10/8/98 -- First Appearance as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held (rg) [Entry date 10/30/98] 10/8/98 -- Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 before Judge Leonard B. Sand. Deft. El Hague present w/atty Bruce McIntyre, Esq. Deft. Odeh present w/atty Michael Young, Esq. Deft. Al-Owhali present w/atty Leonard Joy, Esq. AUSA Patrick Fitzgerald and Kenneth Karas present. Interpreter Hassan Moawa (Arabic) present. Deft. El Hage is arraigned and pleads not guilty on each of counts 1 and 228 thru 238 as charged on S Indictment. Deft. Mohamed Odeh is arraigned on S Indictment and pleads not guilty on counts 1 and 2 thru 227 as charged. Deft. Mohamed Rashed Daoud Al'Owhali is arraigned on S-Ind. and pleads not guilty on counts 1 and 2 thru 227 as charged. All defts remain detained. Govt' submit order excluding time thru 11/10/98. Further status conference on 11/10/98 at 9:30. (rg) [Entry date 10/30/98] 10/8/98 -- PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 (rg) [Entry date 10/30/98] Docket as of February 22, 2002 10:23 pm Page 159 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/8/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali set at 9:30 11/10/98 for Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed Daoud Al-'Owhali (rg) [Entry date 10/30/98] 10/9/98 6 AFFIDAVIT by USA as to Mamdouh Mahmud Salim Re: in support of the request for an extradition of Mamdouh Mahmud Salim [ 1:98-m -2140 ] (vb) [Entry date 10/13/98] 10/9/98 10 ORDER as to Wadih El Hage, Time excluded from 10/7/98 until 11/10/98 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 10/14/98] 10/10/98 15 LETTER filed as to Mohamed Rashed Daoud Al-'Owhali From Leonard F. Joy, Dated 11/6/98, Addressed to: Patrick Fitzgerald,AUSA Re: Discovery Issues (mb) [Entry date 11/16/98] 11/4/98 13 (S2) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Fazul Abdullah Mohammed (2) count(s) 1s, 2s-3s, 4s-227s, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s, Usama Bin Laden (5) count(s) 1, 2-3, 4-227, Muhammad Atef (6) count(s) 1, 2-3, 4-227 (rg) [Entry date 11/12/98] 11/4/98 16 Arrest WARRANT issued as to Usama Bin Laden (mb) [Entry date 11/18/98] 11/4/98 19 Arrest WARRANT issued as to Fazul Abdullah Mohammed (rg) [Entry date 11/19/98] 11/4/98 17 ARREST WARRANT issued as to Muhammad Atef (mr) [Entry date 06/10/99] 11/9/98 12 LETTER filed by USA, Dated 11/5/98, Addressed to: Hon. Leonard B. Sand Re: Status Update For The Court In Advance Of The Conference On Next Tuesday, November 10, 1998 At 9:30am. (rag) [Entry date 11/09/98] Docket as of February 22, 2002 10:23 pm Page 160 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/10/98 -- Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s before Judge Leonard B. Sand. Conference and arraignments held. Deft. El Hage present w/atty Bruce McIntyre. Deft. Odeh present w/atty Michael A. Young. Deft. Al-Owhali present w/atty Leonard Joy. AUSA Patirck Fitzgerald present. AUSA Ken Kara present. Deft. El Hage is arraigned on S(2) indictment and pleads not guilty on counts 1 and counts 228 thur 238 as charged. Deft. Mohamed Sadeek Odeh is arraigned on S(2) indictment 98-1023 and pleads not guilty on counts 1 thru 227 as charged. Deft. Mohamed Rashed Daoud Al-Owhali is arraigned on S(2) Ind. 98 cr 1023 and pleads not guilty on counts 1 thru 227 as charged. Conference held. First wave of discovery to be completed by early Feb. 99. Hearing to be held on 11/16/98 at 3 p.m. on prison conditions at MCC and on Government's right to make an application for protective order under R-16(d). Further conference 1/14/99 at 10 a.m. Govt. submit order excluding time thru 1/14/99. All (3) defts' cont'd remanded. Interpreter Fouad Kheir (Arabic) present. (rg) [Entry date 11/12/98] 11/10/98 -- PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s (rg) [Entry date 11/12/98] 11/10/98 14 LETTER filed by Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef From Michael A. Young, Dated 11/5/98, Addressed to: Mr. Fitzgerald Re: objecting to the Special Administration Measures which were issued regarding our clients on or about 10/22/98. (mr) [Entry date 11/13/98] 11/16/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held. Defendant El Hage present with attorney Bruce McIntyre. Defendant Odeh present with attorney Michael A. Young. Defendant Al-'Owhali present with attorny Leonard Joy and David I. Bruck. Hearing begun on conditions of confinement at MCC and proposed protective order, and adjourned to 11/17/98. Also present Dominique Raia, attorney for MCC, and Warden Dennis Hasty. (mr) [Entry date 11/20/98] Docket as of February 22, 2002 10:23 pm Page 161 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/17/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held. No defendants present. Bruce McIntyre present for defendant El Hage. Leonard Joy and Davd Bruck present for defendant Al-'Owhali. Michael Young, Esq present for defendant Oden. AUSA Patrick Fitzgerald present. Count concludes that it is satisfied that conditions at 10-south (at MCC) are not worse that conditions at 9-south and in some respects more comfortable. Measures are reasonably based on security needs and needs of the institution. Government submits amended order revising S.A.M. conditions. (mr) [Entry date 11/20/98] 11/17/98 21 Filed Memo-Endorsement on letter dated 11/12/98 to Judge Sand from Leonard F. Joy, Esq. as to Mohamed Rashed Daoud Al-'Owhali. Re: Request that the Court appoint David Bruck pro hac vice for purposes of representing the dft. in this case. Application granted. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) [Entry date 11/30/98] 11/18/98 18 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef for dates of 9/23/98. (mr) [Entry date 11/18/98] 11/19/98 20 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef (da) [Entry date 11/20/98] 12/4/98 22 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, and Mohamed Daoud Al-'Owhali on 10/8/98. (kw) [Entry date 12/08/98] 12/4/98 23 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage on 10/7/98. (kw) [Entry date 12/09/98] Docket as of February 22, 2002 10:23 pm Page 162 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/10/98 25 ORDER as to Wadih El Hage, that the Government shall produce copies of the grand jury tesimony of El Hage to Bruce McIntyre, counsel for defendant El Hage, Michael Young, counsel for defendant Mohamed Sadeek Odeh, and Leonard Joy, counsel for defendant Mohamed Rached Daoud Al-Owhalu., that these grand jury materials shall be kept securely in the offices of counsel named inthe proceeding paragraph and shall not be further disseminated by defense counsel to anyone until further order of this Court., that, pending further order of this Court, any papers to be served upon the Court by the defense which includes copies of, or otherwise refer to, such grand jury materials, shall be filed under seal., and that, pending further order of the Court, any papers served by the defense in concformity with the preceding paragraph defense shall be filed under seal. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 12/17/98] 12/11/98 24 Filed Appointment of and Authority to pay court appointed counsel David I. Buck in a Death Penalty Proceeding as to Mohamed Rashed Daoud Al-'Owhali (mr) [Entry date 12/14/98] 12/14/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held; Deft El Hage present w/atty Bruce McIntyre. Deft Odeh pres w/atty Michael A. Young. Deft Al-Owhali present w/atty Leonard Joy - Conference held on issue of protective order and prison conditions. Gov't submit proposed order on issue of protective order. Further conference in January on a date to be announced. All defts detained. (bw) [Entry date 12/17/98] 12/14/98 26 ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali; regarding amendments to the Special Administrative Measures imposed by the Warden of the MCC ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) [Entry date 12/21/98] 12/16/98 31 (S3) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1sss, 228sss-235sss, 236sss-238sss, Fazul Abdullah Mohammed (2) count(s) 1ss, 2ss-3ss, 4ss-216ss, 217ss-227ss, Mohamed Sadeek Odeh (3) count(s) 1ss, 2ss-3ss, 4ss-216ss, 217ss-227ss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ss, 2ss-3ss, 4ss-216ss, 217ss-227ss, Usama Bin Laden (5) count(s) 1s, 2s-3s, 4s-216s, 217s-227s, Muhammad Atef (6) count(s) 1s, 2s-3s, 4s-216s, 217s-227s, Mustafa Mohamed Fadhil (7) count(s) 1, 3, 217-227, Khalfan Khamis Mohamed (8) count(s) 1, 3, 217-227, Ahmed Khalfan Ghailani (9) count(s) 1, 3, 217-227, Fahid Mohammed Msalam (10) count(s) 1, 3, 217-227, Sheikh Ahmed Salim Swedan (11) count(s) 1, 3, 217-227 (rg) [Entry date 01/14/99] Docket as of February 22, 2002 10:23 pm Page 163 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/16/98 -- ORAL ORDER as to Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan , A bench warrent has been issued for the above stated defendants. ( Entered by Judge Leonard B. Sand ) (mr) [Entry date 06/10/99] 12/17/98 27 PROTECTIVE ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef; regarding procedures that will govern the handling of discovery materials produced by the Government ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) [Entry date 12/28/98] 12/20/98 -- ARREST of Mamdouh Mahmud Salim. Arrested in Munich on 9/16/98. [ 1:98-m -2140 ] (gq) [Entry date 12/22/98] 12/21/98 7 CJA 23 Financial Affidavit as to Mamdouh Mahmud Salim : ( Signed by Magistrate Judge Ronald L. Ellis ) [ 1:98-m -2140 ] (gq) [Entry date 12/22/98] 12/21/98 8 CJA 20 as to Mamdouh Mahmud Salim : Appointment of Attorney Paul J. McAllister. ( Signed by Magistrate Judge Ronald L. Ellis ) [ 1:98-m -2140 ] (gq) [Entry date 12/22/98] 12/21/98 -- First Appearance as to Mamdouh Mahmud Salim held. Deft appears with CJA atty Paul McAllister. AUSA Pat Fitzgerald present for the gov't. Consent to detention without prejudice. Preliminary Examination set for 1/8/99 for Mamdouh Mahmud Salim ; (Mag. Judge Ellis). [ 1:98-m -2140 ] (gq) [Entry date 12/22/98] 12/21/98 9 ORDER OF DETENTION as to Mamdouh Mahmud Salim ( Signed by Magistrate Judge Ronald L. Ellis ) [ 1:98-m -2140 ] (gq) [Entry date 12/22/98] 1/6/99 35 (S4) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1ssss, 228ssss-235ssss, 236ssss-238ssss, Fazul Abdullah Mohammed (2) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss, Mohamed Sadeek Odeh (3) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss, Usama Bin Laden (5) count(s) 1ss, 2ss, 3ss, 4ss-216ss, 217ss-227ss, Muhammad Atef (6) count(s) 1ss, 2ss, 3ss, 4ss-216ss, 217ss-227ss, Mustafa Mohamed Fadhil (7) count(s) 1s, 3s, 217s-227s, Khalfan Khamis Mohamed (8) count(s) 1s, 3s, 217s-227s, Ahmed Khalfan Ghailani (9) count(s) 1s, 3s, 217s-227s, Fahid Mohammed Msalam (10) count(s) 1s, 3s, 217s-227s, Sheikh Ahmed Salim Swedan (11) count(s) 1s, 3s, 217s-227s, Mamdouh Mahmud Salim (12) count(s) 1 (mr) [Entry date 02/03/99] Docket as of February 22, 2002 10:23 pm Page 164 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/7/99 28 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali for dates of 11/17/98. (jp) [Entry date 01/07/99] 1/7/99 29 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef for dates of November 16, 1998 before the Hon. Leonard B. Sand (djc) [Entry date 01/12/99] 1/7/99 30 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef filed before Judge Sand for dates of November 10, 1998. (sac) [Entry date 01/12/99] 1/14/99 -- Arraignment as to Wadih El Hage held Wadih El Hage (1) count(s) 1ssss, 228ssss-235ssss, 236ssss-238ssss before Judge Leonard B. Sand. Deft. Wadih El Hage present w/atty Bruce McIntyre. AUSA Patrick Fitzgerald, Kenneth Karros and Michael Garcia. Interpreter Andre Codouni. Deft. El Hage is arraigned on S(4) Ind. 98 cr 1023 and pleads not guilty on counts 1 and 228 thru 235 as charged. Bulk of Govt. discovery by mid-February 99. Further status conference on 4/15/99 at 9:30 a.m. Govt. submit order excluding time thru 4/15/99. Deft. cont'd detained. (rg) [Entry date 02/03/99] 1/14/99 -- PLEA entered by Wadih El Hage . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1ssss, 228ssss-235ssss, 236ssss-238ssss (rg) [Entry date 02/03/99] 1/14/99 -- Status conference as to Wadih El Hage set at 9:30 4/15/99 for Wadih El Hage (rg) [Entry date 02/03/99] 1/14/99 -- Arraignment as to Mohamed Sadeek Odeh held Mohamed Sadeek Odeh (3) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss before Judge Leonard B. Sand. Deft. Odeh present w/atty Michael Young. AUSA Patrick Fitzgerald Kenneth Karas and Michael Garcia. Interpreter Andre Codouni. Deft. Odeh is arraigned on S(4) Ind and pleads not guilty on each of counts 1 thru 227 as charged. Bulk of Govt discovery by mid-February 99. Further status conference on 4/15/99 at 9:30 a.m. Govt. submit order excluding time thru 4/15/99. Deft. cont'd detained. (rg) [Entry date 02/03/99] 1/14/99 -- PLEA entered by Mohamed Sadeek Odeh . Court accepts plea. Not Guilty: Mohamed Sadeek Odeh (3) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss (rg) [Entry date 02/03/99] Docket as of February 22, 2002 10:23 pm Page 165 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/14/99 -- Status conference as to Mohamed Sadeek Odeh set at 9:30 4/15/99 for Mohamed Sadeek Odeh (rg) [Entry date 02/03/99] 1/14/99 -- Arraignment as to Mohamed Rashed Daoud Al-'Owhali held Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss before Judge Leonard B. Sand. Deft. Mohamed Rashed Dsoud Al-Owhali present w/attys' Leonard Joy, LAS, David Bruck and Robert Tucker, Esqs. Interpreter Andre Codouni. Deft. Al-Owhali is arraigned on S(4) Ind. 98 cr 1023 and pleads not guilty on each of counts 1 thru 227 as charged. Bulk of Govt discovery by mid-Feburary 99. Further status confernece on 4/15/99 at 9:30 a.m. Govt. submit order excluding time thru 4/15/99. Deft. cont'd detained. (rg) [Entry date 02/03/99] 1/14/99 -- PLEA entered by Mohamed Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty: Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss (rg) [Entry date 02/03/99] 1/14/99 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali set at 9:30 4/15/99 for Mohamed Rashed Daoud Al-'Owhali (rg) [Entry date 02/03/99] 1/14/99 -- Arraignment as to Mamdouh Mahmud Salim held Mamdouh Mahmud Salim (12) count(s) 1 before Judge Leonard B. Sand. Deft. Mamdouh Mahmud Salim present w/atty Paul J. McAllister. AUSA Patrick Fitzgerald, Kenneth Karos and Michael Garcia. Interpreter Andre Codouni. Deft. Salim is arraigned on superseding (4) indictment 98 cr 1023 and pleads not guilty on count 1 as charged. Bulk of Govt. discovery by mid-February 99. Further status conference on 4/15/99 at 9:30 a.m. Govt. to sumbit order excluding time thru 4/15/99. Deft. cont'd detained. (rg) [Entry date 02/03/99] 1/14/99 -- PLEA entered by Mamdouh Mahmud Salim . Court accepts plea. Not Guilty: Mamdouh Mahmud Salim (12) count(s) 1 (rg) [Entry date 02/03/99] 1/14/99 -- Status conference as to Mamdouh Mahmud Salim set at 9:30 4/15/99 for Mamdouh Mahmud Salim (rg) [Entry date 02/03/99] Docket as of February 22, 2002 10:23 pm Page 166 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/15/99 32 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan. Purs. to the Speedy Trial Act, 18 USC Sec. 3161(h)(8)(A), and the consent of the defts, all time running from 1/14/99, until 4/15/99, shall be excluded from the time within which trial must commence in this case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and defts in a speedy trial ( Signed by Judge Whitman Knapp, Part I ); Copies mailed. (emil) [Entry date 01/21/99] 1/28/99 33 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan (kb) [Entry date 01/28/99] 2/1/99 36 ORDER as to Mohamed Sadeek Odeh. Pursuant to 18 USC Sec. 3005 and 21 USC Sec. 848(q)(4), Carl J. Herman, Esq. shall be assigned to represent Mohamed Sadeek Odeh, along with Michael A. Young, previously appointed by this Court. Because of the complexity of the deft's trial, the expected length of trial in this case, and the anticipated hardship on counsel in undertaking representation full-time for such a period without compensation, purs. to paragraph 2.30 B of the Guidelines for the Adminstration of the Criminal Justice Act, counsel shall submit to this Court, every thirty days, an interim CJA Form 30. ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) [Entry date 02/04/99] 2/2/99 34 Copy of LETTER addressed to Michael Young, Esq. from Patrick J. Fitzgerald, AUSA, dated 11/13/98. Re: submitted in response to Mr. Young's letters of 11/5/98 and 11/11/98, concerning the conditions of confinement of the three defts in this case and, in particular, the restrictions imposed by the Special Administrative Measures. (emil) [Entry date 02/02/99] 2/2/99 -- Status conference as to Wadih El Hage held. (S4 98 Cr. 1023) Deft El Hage present w/atty Bruce McIntyre. AUSAs Patrick Fitzgerald and Kenneth Karas present. Conference held. Deft seeks permission to contact his mosque, the Islamic Society of Arlington, Tx. and as to whether the Mosque would consider a bail package on behalf of defendant. Bail hearing set for 2/8/99 at 10 a.m. Deft cont'd detained. ( Held before Judge Sand ) (bw) [Entry date 02/17/99] Docket as of February 22, 2002 10:23 pm Page 167 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/2/99 -- ORAL ORDER as to Wadih El Hage , Bail hearing set for 2/8/99 at 10 a.m. ( Entered by Judge Leonard B. Sand ) (bw) [Entry date 02/17/99] 2/8/99 -- Bail hearing as to Wadih El Hage held. (S4 98 Cr. 1023) Deft El Hage present w/atty Bruce McIntyre. AUSAs Patrick Fitzgerald and Kenneth Karas present. Bail hearing held. Court denies deft El Hage's application for bail, both as to risk of flight and danger to community. Remanded. ( Held before Judge Sand ) (bw) [Entry date 02/17/99] 2/9/99 37 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim for dates of 12/14/98. (jp) [Entry date 02/16/99] 2/23/99 38 CJA 30 as to Mohamed Sadeek Odeh Death Penalty Proceedings: Appointment of and authority to pay Court Appointed Counsel Michael R. Young ( Signed by Judge Leonard B. Sand ) (mb) [Entry date 02/24/99] 2/23/99 39 CJA 30 Death Penalty Proceeding as to Mohamed Sadeek Odeh : Appointment of and authority to pay court appointed counsel. ( Signed by Judge Leonard B. Sand ) (mb) [Entry date 02/24/99] 3/2/99 40 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim (af) [Entry date 03/02/99] 3/9/99 41 TRANSCRIPT of record of proceedings as to Usama Bin Laden filed before Judge Sand for dates of 1/14/99. (sac) [Entry date 03/11/99] 3/15/99 -- Pre-Trial Conference as to (S4 98 Cr. 1023 -1) Wadih El Hage held. Deft El Hage present w/attorney Bruce McIntyre, AUSAs Patrick Fitzgerald, Ken Karas and Michael Garcia - Conference held. Deft moves to have his present attorney Bruce McIntyre substituted and new counsel be appointed. Court grants deft's motion, no objection from Government. Sam Schmidt, CJA attorney on assignment this day is assigned to represent El Hage. Deft continued detained. ( Held before Judge Sand ) (bw) [Entry date 03/18/99] 3/15/99 -- ORAL ORDER as to (S4 98 Cr. 1023 -1) Wadih El Hage , substituting attorney: terminated attorney Bruce McIntyre for Wadih El Hage, Added Sam A. Schmidt. ( Entered by Judge Leonard B. Sand ) (bw) [Entry date 03/18/99] Docket as of February 22, 2002 10:23 pm Page 168 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/16/99 42 ORDER as to Wadih El Hage, substituting attorney Bruce McIntyre, Esq. terminated Added Sam A Schmidt ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 03/25/99] 3/17/99 43 Filed Memo-Endorsement letter addressed to Judge Batts from Wadih El Hage, dated 3/10/99. granting substitution of attorney McIntyre ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 03/26/99] 3/26/99 44 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim (da) [Entry date 03/29/99] 3/30/99 45 CJA 20 as to Wadih El Hage : Appointment of Attorney Sam Schmidt.( Signed by Judge Leonard B. Sand ) (mr) [Entry date 03/30/99] 3/31/99 46 ORDER as to Wadih El Hage (S4 98 Cr. 1023 -1). It is hereby ORDERED that attorney Deborah I. Meyer shall be included in the term "attorney" for all matters referred to in the SAM (Special Administrative Measures) and orders of this court. Dated: 3/30/99. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 04/09/99] 4/12/99 47 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim (af) [Entry date 04/13/99] 4/12/99 48 TRANSCRIPT of record of proceedings as to Usama Bin Laden, Muhammad Atef, Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali before Judge Leonard B. Sand for dates of February 8, 1999 at 10:25 A.M. (sn) [Entry date 04/15/99] 4/12/99 50 TRANSCRIPT of record of proceedings as to Wadih El Hage before Judge Leonard B. Sand for dates of February 2, 1999 at 10:15 A.M. (sn) [Entry date 04/16/99] Docket as of February 22, 2002 10:23 pm Page 169 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/14/99 49 REDACTED LETTER filed by USA as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim From Patrick J. Fitzgerald, Dated 4/14/99, Addressed to: Judge Sand Re: To provide a status update for the Court and Counsel in advance of the conference on Thursday 4/15/99 at 9:30 AM. (sl) [Entry date 04/15/99] 4/15/99 -- Pre-Trial Conference (S4 98 Cr. 1023) as to Mamdouh Mahmud Salim (12), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4) held. ..... Deft SALIM present w/attorney Paul McAllister. Deft EL HAGE present w/attorney Sam Schmidt. Deft ODEH present w/attorneys Michael Young and Carl J. Herman. Deft AL-OWHAL present w/attorneys Leonard Joy and David Bruck. Interpreter Andre Codouni present. Conference held. Attorney for deft ODEH motion objecting to need for a security clearance as to certain certified documents is to be filed by 5/17/99; Gov't response by 6/2/99 and any further reply by 6/9/99; Status conference and Oral argument on 6/22/99 at 10 a.m. Gov't submit order excluding time thru 6/22/99. All defts continued remanded. ( Held before Judge Sand ) (bw) [Entry date 04/20/99] [Edit date 04/20/99] 4/15/99 -- ORAL ORDER (S4 98 Cr. 1023) as to Mamdouh Mahmud Salim (12), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4) , SET scheduling order deadlines: Motion (objecting to need for a security clearance as to certain certified documents) Filing to 5/17/99 Mohamed Sadeek Odeh ; Response to motion deadline 6/2/99 USA ; Reply to response to motion deadline 6/9/99 for Mohamed Sadeek Odeh ; Status Conference for 10:00 a.m. 6/22/99 for Mamdouh Mahmud Salim, for Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed Daoud Al-'Owhali. ( Entered by Judge Leonard B. Sand ) (bw) [Entry date 04/20/99] 4/15/99 52 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Time excluded from 4/15/99 until 6/22/99 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 04/22/99] Docket as of February 22, 2002 10:23 pm Page 170 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/21/99 51 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim (kb) [Entry date 04/21/99] 5/12/99 53 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage for dates of 3/15/99. (jp) [Entry date 05/12/99] 5/13/99 54 SEALED DOCUMENT as to Wadih El Hage (af) [Entry date 05/14/99] 5/19/99 55 (S5) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1sssss, 228sssss-235sssss, 236sssss, 237sssss, 238sssss, Fazul Abdullah Mohammed (2) count(s) 1ssss, 2ssss, 3ssss, 4ssss-216ssss, 217ssss-227ssss, Mohamed Sadeek Odeh (3) count(s) 1ssss, 2ssss, 3ssss, 4ssss-216ssss, 217ssss-227ssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssss, 2ssss, 3ssss, 4ssss-216ssss, 217ssss-227ssss, Usama Bin Laden (5) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss, Muhammad Atef (6) count(s) 1sss, 2sss, 3sss, 4sss-216sss, 217sss-227sss, Mustafa Mohamed Fadhil (7) count(s) 1ss, 3ss, 217ss-227ss, Khalfan Khamis Mohamed (8) count(s) 1ss, 3ss, 217ss-227ss, Ahmed Khalfan Ghailani (9) count(s) 1ss, 3ss, 217ss-227ss, Fahid Mohammed Msalam (10) count(s) 1ss, 3ss, 217ss-227ss, Sheikh Ahmed Salim Swedan (11) count(s) 1ss, 3ss, 217ss-227ss, Mamdouh Mahmud Salim (12) count(s) 1s, Ali Mohamed (13) count(s) 1 (mr) [Entry date 06/23/99] 5/24/99 56 ORDER as to Ali Mohamed, Time excluded from 5/24/99 until 6/22/99 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 06/23/99] 5/25/99 58 Filed Defense Memorandum of Security Clearance as to Mohamed Odeh. (mr) [Entry date 06/04/99] 5/27/99 -- First Appearance as to Ali Mohamed held (mr) [Entry date 06/23/99] 5/27/99 -- Arraignment as to Ali Mohamed held Ali Mohamed (13) count(s) 1 before Judge Leonard B. Sand (mr) [Entry date 06/23/99] 5/27/99 -- PLEA entered by Ali Mohamed . Court accepts plea. Not Guilty: Ali Mohamed (13) count(s) 1 (mr) [Entry date 06/23/99] Docket as of February 22, 2002 10:23 pm Page 171 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/2/99 59 ORDER as to Ali Mohamed, that the sealing order issued by Judge Scheindlin on 1/15/99 is amended as follows: (1) All sealed documents filed and docketed and all sealed proceedings docketed in the case of U.S. v Jone Doe, 98m2332 through 5/28/99 shall remain sealed until further order of this Court. (2) Redacted copies of the sealed submissions filed and docketed in the case of U.S. v John Doe, 98m2332, shall be publicly filed and docketed. The redacted copies of these documents are attached hereto. The copies of these submissions shall remain in their present redacted form until further order of this Court. (3) A redacted copy of the transcript of the tape recording of the presentment of Mohamed before Magistrate Judge Andrew J. Pck on 9/11/98 is to be publicly filed. A copy of this redacted trancript is attached hereto. The copy of this transcript is to remain in its present redactd form until further order of this Court., and that this order shall be publicly filed and docketed in the case US v. John Doe 98m2332 and U.S. v. Usama Bin Laden., S(5) 98cr1023 (LBS). ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 06/14/99] 6/4/99 57 AFFIRMATION by AUSA Kenneth M. Karas as to Ali Mohamed with attached accompanying papers. This affiramtion is submitted in support of a proposed order to unseal portions of certain submissions and proceedings relating to deft. Ali Mohamed. (rg) [Entry date 06/04/99] 6/8/99 65 RESPONSE by U.S.A. re as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed opposing Security Clearences. (mr) [Entry date 06/23/99] 6/8/99 66 AFFIRMATION signed by A.U.S.A. Kenneth M. Karas as to Mohamed Sadeek Odeh Re: providing background facts relevnt to the Government's memorandum in opposition to the motion of the defendant Mohamed Sadeek Adeh seeking a ruling that counsel for Odeh need no obtain a security clearence prior to receiving classified information. (mr) [Entry date 06/23/99] 6/9/99 60 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali before Judge Leonard B. Sand for dates of April 15, 1999 at 9:45 A.M. (sn) [Entry date 06/14/99] Docket as of February 22, 2002 10:23 pm Page 172 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/14/99 61 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed (kb) [Entry date 06/15/99] 6/14/99 62 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed (kb) [Entry date 06/15/99] 6/14/99 63 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed (kb) [Entry date 06/15/99] 6/14/99 64 ORDER as to Wadih El Hage (S5 98 Cr. 1023 -1), having been detained under the Special Administrative Measures (SAM) pursuant to 28 Code of Federal Regulations, Sections 501.3 as modified by the orders of this court; it is hereby Ordered, that the SAM is modified to permit a contact visit between the defendant, WADIH EL HAGE and his wife, April Ray and their children at the same time in the Metropolitan Correctional Center that shall consist of two days within a period of three days; and it is further Ordered that WADIH EL HAGE will be permitted to speak Arabic to his children; and it is further Ordered, that the United States Bureau of Prisons may strip search the defendant, WADIH EL HAGE, prior to and subsequent to the contact visit; and it is further Ordered, that at the discretion of the Bureau of Prisons, they may require an approved Arabic interpreter to be present in the visiting room during the contact visits. ( Signed on 6/14/99 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 06/21/99] 6/16/99 73 (S6 - Part 1 of 2 ) SUPERSEDING INDICTMENT as to Ayman Al Zawahiri (14) count(s) 1, 3, 4, 5, 6, 7-8, 9-10, 11-233, 234-235, 236-237, 238-239, 240-241, 242, 243-244, Khaled Al Fawwaz (15) count(s) 1, 3, 4, 5, 6.; Added defendants: Ayman Al Zawahiri (14) & Khaled Al Fawwaz (15); [ Due to too many counts on S6, it was broken down into 2 parts to be entered on the docket. ] (dcap) [Entry date 07/08/99] [Edit date 07/09/99] Docket as of February 22, 2002 10:23 pm Page 173 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/16/99 73 (S6 - Part 2 of 2) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 245ssssss-264ssssss, 265ssssss-267ssssss, Fazul Abdullah Mohammed (2) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Mohamed Sadeek Odeh (3) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Usama Bin Laden (5) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss-8ssss, 9ssss-10ssss, 11ssss-233ssss, 234ssss-235ssss, 236ssss-237ssss, 238ssss-239ssss, 240ssss-241ssss, 242ssss, 243ssss-244ssss, Muhammad Atef (6) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss-8ssss, 9ssss-10ssss, 11ssss-233ssss, 234ssss-235ssss, 236ssss-237ssss, 238ssss-239ssss, 240ssss-241ssss, 242ssss, 243ssss-244ssss, Mustafa Mohamed Fadhil (7) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Khalfan Khamis Mohamed (8) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Ahmed Khalfan Ghailani (9) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Fahid Mohammed Msalam (10) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Sheikh Ahmed Salim Swedan (11) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, Mamdouh Mahmud Salim (12) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, Ali Mohamed (13) count(s) 1s, 2s, 3s, 4s, 5s, 6s; [ Due to too many counts on S6, it was broken down into two parts to be entered on the docket. ] (dcap) [Entry date 07/09/99] [Edit date 07/09/99] 6/16/99 -- ORAL ORDER (on S6 98 Cr. 1023 -) as to Usama Bin Laden (5), Muhammad Atef (6), Ayman Al Zawahiri (14), Khaled Al Fawwaz (15), Fazul Abdullah Mohammed (2), Mustafa Mohamed Fadhil (7), Ahmed Khalfan Ghailani (9), Khalfan Khamis Mohamed (8), Fahid Mohammed Ally Msalam (10), Sheikh Ahmed Salim Swedan (11). .... Filed superseding Indictment (S6). A/W issued as to the above named defendants. ( Held before Judge Grubin ) Swedan , ( Entered by Judge Leonard B. Sand ) (bw) [Entry date 07/09/99] Docket as of February 22, 2002 10:23 pm Page 174 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/17/99 67 Defense Reply MEMORANDUM by Mohamed Sadeek Odeh (3) (by attorney Michael Young, Esq., on Security Clearance. (Certificate of Service attached.) (bw) [Entry date 06/28/99] 6/22/99 -- Arraignment (S6 98 Cr. 1023 -) as to Mamdouh Mahmud Salim (12), Ali Mohamed (13), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4) held: Mamdouh Mahmud Salim (12) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, Ali Mohamed (13) count(s) 1s, 2s, 3s, 4s, 5s, 6s, Wadih El Hage (1) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 245ssssss-264ssssss, 265ssssss-267ssssss, Mohamed Sadeek Odeh (3) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Mohamed Rashed Daoud (4) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss. ..... Deft SALIM (12) present w/atty Paul McAllister.; Deft ALI MOHAMED (13) present w/atty James Roth.; Deft EL HAGE (1) present w/atty Sam Schmidt.; Deft ODEH (3) present w/attys Michael Young & Cael J. Herman.; Deft AL-'OWHALI (4) present w/atty Leonard Joy.; AUSAs Patrick Fitzgerald, Ken Karas, Michael Garcia, Paul Butler present.; Arabic Interpreter Mohsen Fhawarby.; Deft SALIM (12) is arraigned on S6 Indictment and pleads Not Guilty on counts 1, and 3 thru 6 as charged.; Deft ALI MOHAMED (13) is arraigned and pleads Not Guilty on counts 1,2,3,4,5 & 6 as charged.; Deft EL HAGE (1) is arraigned on S6 Indictment and pleads Not Guilty on counts 1 thru 6, and 245 thru 267 as charged.; Deft ODEH (13) is arraigned on S6 Indictment and pleads Not Guilty on counts 1, and 3 thru 244 as charged.; Deft AL-'OWHALI (4) is arraigned on S6 Indictment and pleads Not Guilty as charged, that is, counts 1, and 3 thru 244.; Conference held - all discovery of non-classified material has been produced. Timing of death penalty submissions to be determined by defts' attys. Oral argument held on atty Michael Young's motion re: Security Clearance and concluded. Decision reserved. Further conference 9/28/99 at 9:30 a.m. All defts continued remanded. ( Held before Judge Leonard B. Sand ) (bw) [Entry date 07/09/99] Docket as of February 22, 2002 10:23 pm Page 175 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/22/99 -- PLEA (on S6 98 Cr. 1023 -) entered by Mamdouh Mahmud Salim (12), Ali Mohamed (13), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4). Court accepts plea. Not Guilty: Mamdouh Mahmud Salim (12) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, Ali Mohamed (13) count(s) 1s, 2s, 3s, 4s, 5s, 6s, Wadih El Hage (1) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 245ssssss-264ssssss, 265ssssss-267ssssss, Mohamed Sadeek Odeh (3) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss-10sssss, 11sssss-233sssss, 234sssss-235sssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss. (bw) [Entry date 07/09/99] 6/22/99 -- ORAL ORDER (on S6 98 Cr. 1023 -) as to Mamdouh Mahmud Salim (12), Ali Mohamed (13), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4) , SET pre-trial conference for 9:30 a.m. 9/28/99 for Mamdouh Mahmud Salim, for Ali Mohamed, for Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed Daoud Al-'Owhali. ( Entered by Judge Leonard B. Sand ) (bw) [Entry date 07/09/99] 6/24/99 68 ORDER as to Mamdouh Mahmud Salim, Ali Mohamed, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, to Continue in Interests of Justice. Time excluded from June 22, 1999, until September 23, 1999. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 07/02/99] 6/29/99 -- Pre-Trial Conference as to Wadih El Hage held. Deft present w/atty Sam Schmidt, Patrick Fitzgerald, Kan Karas, Paul Butler. Publication of deft El Hage's ltr to court and his family visitation rights. Court finds no particular need to have the El Hage letter docketed & published. Atty Schmidt may prepare a paraphrase of the letter and give to Govt, and if govt has not objection it can be made public. As to visitation rights. govt's request that family visitiation rights be allowed, but with no physical contact is granted. Govt previous order of 6/14/99 is cancelled without prejudice, to making of another similar order. All future visitation rights will be non-contact. Deft continued detained. (sl) [Entry date 07/27/99] 6/30/99 69 LETTER filed by U.S.A. as to Mohamed Sadeek Odeh From AUSA, Dated 6/21/99, Addressed to: Judge Sand Re: Mohamed Sadeek Odeh (sl) [Entry date 07/06/99] Docket as of February 22, 2002 10:23 pm Page 176 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/30/99 70 LETTER filed as to Mohamed Sadeek Odeh From Michael Young, Esq., Dated 6/24/99, Addressed to: Hon. Leonard B. Sand Re: Security Clearance (rag) [Entry date 07/07/99] 6/30/99 71 AFFIRMATION as to Mohamed Sadeek Odeh by Michael A. Young, Esq. Re: Security Clearance. (rag) [Entry date 07/07/99] 6/30/99 74 OPINION # 82515 as (S6 98 Cr. 1023 -all) to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. CONCLUSION: On the facts of this case, there can be no serious question about the need of some inquiry into counsels' backgrounds and we have no difficulty choosing between the competing methods proposed by the parties. We find unacceptable the contention of counsel for ODEH that it would be preferable for the Court to direct that an investigation of counsel be conducted but that he not be required to cooperate or give answers to specific background questions. The goal should not be to establish how time-consuming and expensive an investigation, conducted without the subjects' cooperation, might prove to be. The Department of Justice ("DOJ")-initiated procedure offers a far more efficient mechanism for resolving clearance questions and it evinces a greater respect for the rights asserted in the Moving Defendants' briefs. We have considered all of the Moving Defendants' contentions, as well as those offered by counsel for Defendant Odeh, and find them to be without merit. Accordingly, both Motions are denied. The Court directs that the parties confer regarding possible alterations to the protective order that might more clearly spell out the highly confidential nature of counsels' clearance applications and the methods that will be undertaken to insure that no information regarding these applications is disclosed to anyone in the prosecution team. See, e.g., United States v. Musa, 833 F.Supp. 752, 756 (E.D. Mo. 1993). The Court further directs the Government to inquire about the feasibility of modifying Standard Form 86 in any ways that might minimize needless intrusion into Defense counsels' backgrounds. Although the Department of Justice may believe that every aspect of its review procedure is essential, counsel are not seeking Government employment and it is conceivable that certain portions of the clearance can be modified. Finally, the parties should confer and contact the Court with a proposed date for a conference during the week of July 12, at which time the Court can consider any outstanding issues with respect to the protective order. ( Signed on 6/30/99 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 07/09/99] Docket as of February 22, 2002 10:23 pm Page 177 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 7/2/99 72 AFFIRMATION by Mohamed Sadeek Odeh as to Mohamed Sadeek Odeh Re: Security Clearance. (rag) [Entry date 07/07/99] 7/8/99 76 AMENDED ORDER as to (S6 98 Cr. 1023 - ) Mamdouh Mahmud Salim (12), Ali Mohamed (13), Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4). It is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), and the consent of the defendants, all time running from June 22, 1999, until September 28, 1999, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendants in a speedy trial. ( Signed on 7/8/99 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 07/14/99] [Edit date 07/14/99] 7/12/99 75 SEALED DOCUMENT as to Wadih El Hage (af) [Entry date 07/12/99] 7/15/99 -- Pre-Trial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Mamdouh Mahmud Salim, Ali Mohamed held. All 5 defts' waive their appearance. Sam Schmidt Esq present for El Hage, Paul McAllister present for Salim, James Roth present for Ali Mohamed, Michael Toring & Carl J Herman present for deft Odeh. James Roth present in lieu of Leonard Joy for deft Al- Onhali. AUSA Patrick Fitzgerald, Ken Karas. Also present Charlse L Alliman & James Londergan Dept of Justice security office. Court considered charge made to security clearance Process and certain deft's atty continuing objections to the process. All counsel either have submitted or are likely to submit clearance forms not withstanding their objections parties to advise court of status next week. (sl) [Entry date 07/27/99] 7/27/99 77 ORDER as to Wadih El Hage, that the United States Marshal and the Warden of the Metropolitan Correctional Center shall provide a suitable place for the administration of said examination, such place to consist of a private room without distraction of noise, a small table and chairs., and that Stuart Grassian, M.D., be permitted to enter said institution for the purpose of examining the defendant on 8/11/99. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 07/27/99] Docket as of February 22, 2002 10:23 pm Page 178 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 7/29/99 78 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Filed PROTECTIVE ORDER to prevent the unauthorized disclosure or dissemination of classifed national security information and documents belonging to the United States Government which may be reviewed by, made available to, or may otherwise come to be in the possession of the defendants and defesne counsel in this case. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 07/30/99] 8/5/99 -- CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Wadih El Hage : Appointment of Attorney Joshua L. Dratel ( Signed by Judge Leonard B. Sand ) (mh) [Entry date 12/03/99] 8/9/99 79 ORDER as to Wadih El Hage, that Joshua Dratel, Esq is assigned pursuant to CJA as co-counsel for the deft. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 08/09/99] 8/10/99 80 TRANSCRIPT of record of proceedings before Judge Sand as to Mamdouh Mahmud Salim, Khalfan Khamis Mohamed, Wadih El Hage, Mohamed Odeh, Mohamed Rashed Daoud Al-'Owhali for dates of 6/22/99 (ls) [Entry date 08/10/99] 8/10/99 81 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz for dates of 6/29/99. (jp) [Entry date 08/10/99] Docket as of February 22, 2002 10:23 pm Page 179 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/16/99 82 ORDER as to Mohamed Sadeek Odeh, (1) Pursuant to 18USCSec3005 and 21 USC Sec. 848(q)(4), Sandra A. Babcock, 4905 16th ave South, Minneapolis, Minnesota 55417, shall be assigned to represent Mohamed Sadeek Odeh, along with Michael A. Young and Carl J. Herman, previously appointed by this court. (2) Ms. Babcock shall have her compensation fixed at a rate of $125 per hour, for in court time, with respect to all matters affecting the representation of Mr. Odeh. Because of the complexity of the defendant's trial, the expected length of trial in this case, and the anticipated hardship on counsel in undertaking representation full-time for such a period without compensation, pursuant to paragraph 2.30B of the Guidelines for the Administration of the Criminal Justice Act, counsel shall submit to the Court, every thirty days, an interim CJA Form 30, "Death Penalty Proceedings: appointment of and Authority to pay court appointed counsel. Counsel shall strike the pre-printed numbers on all but the first CJA Form 30 submitted and substitute the number appearing on the firt voucher. All interim vouchers shall be supported by detailed and itemized time and expense statements. Chapter VII, as well as the applicable provisions of Chapter II, Part C of the Guidelines for the administration of the Criminal Justice Act, outlines the procedures and rules for claims by CJA attorney and should be followed regarding each voucher. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 08/17/99] 8/18/99 83 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (kb) [Entry date 08/18/99] 8/23/99 87 LETTER filed by Wadih El Hage From Sam A. Schmidt, Dated 6/28/99, Addressed to: Judge Sand Re: Submitted in response to the government's leter dated June 24, 1999 that opposes the release of a letter written to Judge Sand by the deft. Wadih El-Hage. (rg) [Entry date 08/30/99] 8/27/99 84 FAXED LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz From AUSA Patrick J. Fitzgerald, Dated 7/20/99, Addressed to: All Defense Counsel Re: Package of letters as it will be filed tomorrow morning, July 21, 1999, absent hearing objections from any counsel. (rg) [Entry date 08/27/99] Docket as of February 22, 2002 10:23 pm Page 180 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/27/99 85 LETTER filed by Wadih El Hage From Sam A. Schmidt, Esq., Dated July 2, 1999, Addressed to: Mr. Fitzgerald Re: This letter paraphases the letter May 31, 1990 of Mr. El-Hague pursuant to the authorization of Judge Sand. (rg) [Entry date 08/27/99] 8/27/99 86 LETTER filed by U.S.A. as to Wadih El Hage From Alan R. Kaufman, Dated 6/24/99, Addressed to: Judge Sand Re: The Government respectfully submits this letter to set forth its reasons why the letter of Wadih el Hage to the Court dated May 31, 1999, should not be made part of the public record. (rg) [Entry date 08/27/99] 8/27/99 88 LETTER filed by U.S.A. as to Wadih El Hage From AUSA Patrick J. Fitgerald, Dated 6/28/99, Addressed to: Judge Sand Re: The Government respectfully sumits this letter to set forth the reasons why it seeks to have this court's Order of June 14, 1999, vacated to the extent it allows defendant Wadih el Hage a contact visit which would otherwise be prohibited by the Special Administrative Measures ("Sam") imposed on el Hage by the Bureau of Prisons ("BOP"). (rg) [Entry date 08/30/99] 9/13/99 89 TRANSCRIPT of record of proceedings as to (S6 98 Cr. 1023 -all defts) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Al Fawwaz for dates of July 15, 1999. ( Before: Hon. Leonard B. Sand ) (bw) [Entry date 09/13/99] 9/28/99 90 LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz From AUSA Patrick J. Fitzergerald, Dated 9/24/99, Addressed to: Judge Sand Re: Status of Discovery (sl) [Entry date 09/28/99] Docket as of February 22, 2002 10:23 pm Page 181 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 9/28/99 -- Status conference as to (S6 98 Cr. 1023 - ) Mohamed Rashed Daoud Al-'Owhali (4), Mohamed Sadeek Odeh (3), Wadih El Hage (1), Mamdouh Mahmud Salim (12), Ali Mohamed (13) held. Conference held and concluded. Deft 'OWHALI present w/attorney Leonard Joy; Deft ODEH waives presence, his attorneys Michael Young, Carl J. Herman, and Sandra Babcock, Esqs., present; Deft EL HAGE waives presence, his attorneys Sam A. Schmidt and Joshua Dratel, Esqs. present; Deft SALIM waives presence, his attorney Paul J. McAllister present; Deft ALI MOHAMED waives presence, his attorney James Roth present; Interpreter Mohsen Shawarby present; AUSAs Patrick J. Fitzgerald, Ken Karas, Michael Garcia and Paul Butler present. All defense motions to be filed by 12/6/99, Gov't response by 1/25/2000, and defts' reply by 2/22/2000. Oral argument on 2/29/2000 at 10 a.m., or any matter w/respect to Section 4 of C.I.P.A. (Classified Information Procedures Act); Trial on September 5, 2000; Gov't submit order excluding time thru 2/29/2000; Deft 'OWHALI continued remanded. ( Held before Judge Sand ) (bw) [Entry date 10/05/99] 9/28/99 -- ORAL ORDER as to Mohamed Rashed Daoud Al-'Owhali (4), Mohamed Sadeek Odeh (3), Wadih El Hage (1), Mamdouh Mahmud Salim (12), Ali Mohamed (13) . Set scheduling order deadlines: Motion Filing deadline set to 12/6/99 for Mohamed Rashed Daoud Al-'Owhali, for Mohamed Sadeek Odeh, for Wadih El Hage, for Mamdouh Mahmud Salim, for Ali Mohamed; Response to motion deadline set to 1/25/2000 for U.S.A.; Reply to response to motion deadline set to 2/22/2000 for Mohamed Rashed Daoud Al-'Owhali, for Mohamed Sadeek Odeh, for Wadih El Hage, for Mamdouh Mahmud Salim, for Ali; Jury Trial set for 9/5/2000 for Mohamed Rashed Daoud for Mohamed Sadeek Odeh, for Wadih El Hage, for Mamdouh Mahmud Salim, for Ali Mohamed; and Set oral argument to 2/29/2000 at 10 a.m. ( Entered by Judge Leonard B. Sand ) (bw) [Entry date 10/05/99] Docket as of February 22, 2002 10:23 pm Page 182 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 9/29/99 91 ORDER as to (S6 98 Cr. 1023 - all ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. Upon the application of Mary Jo White, U.S. Attorney for the S.D.N.Y., by Patrick J. Fitzgerald, Kenneth M. Karas, Michael J. Garcia and Paul Butler, AUSAs, and in the absence of objection by the defts MAMDOUH MAHMUD SALIM (12), ALI MOHAMED (13), WADIH EL HAGE (1), MOHAMED SADEEK ODEH (3) and MOHAMED RASHED DAOUD AL-'OWHALI (4), it is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), all time running from September 28, 1999, until February 29, 2000, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendants in a speedy trial, particularly in light of: (i) the voluminous discovery in this matter, (ii) the complexity of the case which involves an alleged international terrorism conspiracy spanning a number of years; (iii) the need to review classified material; (iv) the need for two defendants to make submissions concerning the death penalty; and (v) the need for all defendants to consider and prepare pre-trial motions. ( Signed on by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 09/29/99] [Edit date 09/29/99] 10/8/99 -- Arraignment as to Khalfan Khamis Mohamed held Khalfan Khamis Mohamed (8) count(s) 1sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss-10sss, 11sss-233sss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss. Deft Khalfan Kamis MOhamed present w/atty David Stern in lieu of his partner Jeremy Schneider. AUSA Patrick Fitzgerald, Kenneth Karas, Michael J. Garcia. Arabic Interpreter Sadika Mahmoud present Deft is arraigned & pleads not guilty on counts 1,and 3 thru 244 as charged on (S)6 indictment. Same Timetable for motions shall apply to deft Khalfan Khamis Mohamed as previously set for all defts, that is all defense motions on matters other than these related to discovery not made as of 9/28/99, or which relate to the death penalty determination by 12/6/99, by 1/18/00 govt file notices pursuant to section 6 &4 of classified information act, Govt response to deft's reply in support of defts motin by 2/22/00 and oral argument at 10AM on 2/29/00 on any pending motions and any matters in respect to CIPA scheduling for further motions or any necessary hearings. Trial 9/5/99. Terms of confinement for deft Khamis Mohamed should be under same conditions as to all other defts. Deft remanded. (before Judge Leonard B. Sand) (sl) [Entry date 10/08/99] Docket as of February 22, 2002 10:23 pm Page 183 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/8/99 92 NOTICE of Appearance for Khalfan Khamis Mohamed by Attorney Jeremy Schneider (sl) [Entry date 10/08/99] [Edit date 03/09/00] 10/8/99 -- CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Khalfan Khamis Mohamed : Appointment of Attorney Jeremy Schneider ( Signed by Judge Leonard B. Sand ) (mh) [Entry date 12/03/99] 10/18/99 93 ORDER as to Khalfan Khamis Mohamed (S6 98 Cr. 1023 -8). The C.J.A. attorney assigned to receive cases on this day, JEREMY SCHNEIDER, ESQ. is hereby ordered to assume representation of the defendant in the above captioned matter. ( Signed on 10/8/99 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 10/19/99] 10/21/99 94 ORDER as to Wadih El Hage, for Psychiatric Exam of the defendant by Dr. N.G. Berrill and Jennifer Hope, on October 30, 1999, with an Arabic interpreter; it is hereby ordered, that the U.S. Marshal and the Warden of the Metropolitan Correction Center shall provide a suitable place for the administration of said examination, such place to consist of a private room without distractions or noise, a small table and chairs; and it is further ordered that Dr. N.G. Berrill, Jennifer Hope and a previously authorized Arabic interpreter, be permitted to enter said institution for the purpose of examining the defendant on October 30, 1999, or any day thereafter. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 10/21/99] 11/1/99 95 ORDER as to Mamdouh Mahmud Salim, the Court has received a request from counsel to Mamdouh Mahmud Salim to defer the date for the filing of motions on his behalf until "at least January 31, 2000." For the reasons set forth herein, that request is denied. As the Court has previously stated, it will sympathically entertain any motion filed subsequent to December 6, 1999 which are predicated on matters which were not previously known by defendants or the significance of which was not previously apparent to them. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 11/02/99] 11/2/99 96 Filed Memo-Endorsement on letter to Judge Sand dtd. 10/26/99 from Paul J. McAllister as to Mamdouh Mahmud Salim, the request for an extension of the time in which to serve and file motions is denied per order this date (11/1/99). ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 11/03/99] 11/8/99 97 ORDER as to Mamdouh Mahmud Salim, that Charles D. Adler and George Goltzer of Goltzer & Adler, 598 Madision Avenue, New York, New York 10022, (212) 421-7600 be assigned as co-counsel to Paul J. McAllister ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 11/09/99] Docket as of February 22, 2002 10:23 pm Page 184 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/8/99 98 ORDER as to Khalfan Khamis Mohamed, Pursuant to 18USC3005 and 21USC848(q)(4), David Ruhnke, Esq. of Ruhnky and Parrett, 47 Park Street, 2nd Fl. Montclair, New Jersey 07042, and attorney learned in the law of capital cases and David Stern, Esq. of Rothman, Schneider, Soloway and Stern, P.C., 70 Lafayette Street, 7th floor, NY, NY, 10013 shall be assigned to represent Khalfan Khamis Mohamed along with Jeremy Schneider, previously appointed by this Court., Mr. Schnieder, Mr. Stern and Mr. Ruhnke shall have compensation fixed at a rate of $125 per hour, for in court and out of court time, with respect to all matters affecting the representation of Mr. Mohamed., and Because of the complexity of the Defendant's trial, the expected length of trial in this case, and the anticipate hardship on counsel in undertaking representation full-time for such a period without compensation, pursuant to paragraph 2.30B of the "Guidelines for the Administration of the Criminal Justice Act" counsel shall submit to the Court, every thirty days, an interim CJA form 30, "Death Penalty Proceedings: Appointment and Authority to Pay Court appointed Court". Counsel shall strike the pre-printed numbers on all but the first CJA form 30 submitted and substitute the number appearing on the first voucher. All interim vouchers shall be supported by detailed and itemized time and expense statements. Chapter VII, as well as the applicable provisions of Chapter II, Part C of the "Guidelines for the Administration of the Criminal Justice Act", outlines the procedures and rules for claims by CJA attorneys and shouls be followed regarding each voucher. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 11/09/99] 11/8/99 -- CJA 30 DEATH PENALTY PROCEEDINGS: APPOINTMENT OF AND AUTORITY TO PAY COURT APPOINTED COUNSEL as to Khalfan Khamis Mohamed : Appointment of Attorney David Ruhnke ( Signed by Judge Leonard B. Sand ) (df) [Entry date 12/21/99] 11/9/99 99 CJA 23 Financial Affidavit as to Khalfan Khamis Mohamed (8) : ( Signed on 10/18/99 by Judge Leonard B. Sand ) (bw) [Entry date 11/10/99] 11/15/99 100 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz for dates of 9/28/99 before Judge Sand. (mr) [Entry date 11/15/99] 11/24/99 101 SEALED DOCUMENT as to Usama Bin Laden (af) [Entry date 11/24/99] Docket as of February 22, 2002 10:23 pm Page 185 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/1/99 102 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) [Entry date 12/01/99] 12/2/99 103 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) [Entry date 12/02/99] 12/2/99 104 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) [Entry date 12/02/99] 12/3/99 105 ORDER as to Mohamed Sadeek Odeh, The attorneys representing M. Odeh are authorized to employ Mohsen A. Shawarby, 3570 Ellis Street, Mohegan Lake, NY 10547, as a consultant in data management and Islamic affairs at a rate of $65.00 per hour. This order shall apply nunc pro tunc to 9/1/99. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 12/03/99] 12/6/99 106 TRANSCRIPT of record of proceedings as to (S6 98 Cr. 1023 -) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz for date of 10/8/99 11:30 a.m. before Judge Leonard B. Sand. (bw) [Entry date 12/06/99] 12/6/99 107 AFFIRMATION signed by Paul McAllister as to Mamdouh Mahmud Salim re: in support of obtaining expert services. (mr) [Entry date 12/06/99] 12/6/99 108 ORDER as to Usama Bin Laden, that the following Investigator may be retained by Paul J McAllister, Counsel for Mr. Salim. That Mr McAllister counsel for Mr Salim and his investigators, may retain the services of local investigators outside the US. The above investigator shall be permitted to file vouchers for his services ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 12/07/99] Docket as of February 22, 2002 10:23 pm Page 186 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/6/99 109 MOTION by Mohamed Rashed Daoud Al-'Owhali to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, for Bill of Particulars, to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. (sl) [Entry date 12/07/99] 12/6/99 110 MEMORANDUM by Mohamed Rashed Daoud Al-'Owhali in support of [109-1] motion to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. (sl) [Entry date 12/07/99] Docket as of February 22, 2002 10:23 pm Page 187 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/6/99 111 MOTION by Mamdouh Mahmud Salim for Bill of Particulars, to strike surplusage, to suppress physical evidence and derivative fruits, to suppress alleged statement of accused, to suppress evidence consisting of both in court and out of court identification., to direct the govt to provide witness list, in limine and pursuant to Rule 607, 608, 609 of FR of evidence, in limine pursuant to Ruel 104, 403 and 404b of FR of evidence, to direct the govt to provide timely fashion exculpatory or mitigating evidence, to amend Mr Salem's previously imposed detention order, for leave to file motions, to join [109-1] to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. (sl) [Entry date 12/07/99] 12/7/99 112 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) [Entry date 12/07/99] 12/7/99 113 MOTION by Wadih El Hage for dismissal of Counts 248(all), 252(all), 253(all), 254(a), 256(e), 257(b), (c) and (d), 258(a),(c),(d),(e),(f), and (g), 259(all), 260(m) and (n), 263(c), and 264 (all) because they are multiplicious;, for exclusion of U.S. citizens from the jury, or, in the alternative, implementaiton of measures to ensure that they do not dominate the jury numerically, for Bill of Particulars, leave to join Mr. El-Hage's co-defendants' motion to the extent they benefit him , leave to file additional motions when they become appropriate Return date 2/29/2000 at 9:30. With attached declaration of Joshua L. Dratel in support. (rg) [Entry date 12/07/99] Docket as of February 22, 2002 10:23 pm Page 188 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/7/99 114 MEMORANDUM by Wadih El Hage in support of [113-1] motion for dismissal of Counts 248(all), 252(all), 253(all), 254(a), 256(e), 257(b), (c) and (d), 258(a),(c),(d),(e),(f), and (g), 259(all), 260(m) and (n), 263(c), and 264 (all) because they are multiplicious;, [113-2] motion for exclusion of U.S. citizens from the jury, or, in the alternative, implementaiton of measures to ensure that they do not dominate the jury numerically, [113-3] motion for Bill of Particulars, [113-4] motion leave to join Mr. El-Hage's co-defendants' motion to the extent they benefit him, [113-5] motion leave to file additional motions when they become appropriate (rg) [Entry date 12/07/99] 12/7/99 115 MOTION by Mohamed Sadeek Odeh to dismiss counts for lack of jurisdiction (sl) [Entry date 12/10/99] 12/7/99 116 MEMORANDUM by Mohamed Sadeek Odeh in support of [115-1] motion to dismiss counts for lack of jurisdiction (sl) [Entry date 12/10/99] 12/7/99 117 MOTION by Mohamed Sadeek Odeh to dismiss for lack of venue (sl) [Entry date 12/10/99] 12/7/99 118 MEMORANDUM by Mohamed Sadeek Odeh in support of [117-1] motion to dismiss for lack of venue (sl) [Entry date 12/10/99] 12/7/99 119 MOTION by Mohamed Sadeek Odeh for partial disqualification of certain prosecutors. (sl) [Entry date 12/10/99] 12/7/99 120 MEMORANDUM by Mohamed Sadeek Odeh in support of [119-1] motion for partial disqualification of certain prosecutors (sl) [Entry date 12/10/99] 12/13/99 -- Pre-Trial Conference as to Wadih El Hage held. Deft El Hage present w/atty Sam Schmidt. AUSA Patrick Fitzergerald Kenneth Karas and Michael Garcia present. Conference held on scheduling oral argument for setting bail, modification of special administration measure as it pertains to deft El Hage. Govt response by 12/30/99. Deft reply by 1/5/00 and oral argument on 1/7/00 at 4:30 PM. Deft continued remanded (sl) [Entry date 12/16/99] 12/15/99 121 MOTION by Wadih El Hage an order setting reasonable bail for Mr. El-Hage's release., for recission of the Special Adminstrative Measures as they pertain to Mr. El-Hage., and substantial modification of the Special Administrative Measures as they pertain to Mr. El_hage. , and to transfer Mr. El-Hage to general population withon the United States Bureau of Prisons pretrial systems. (mr) [Entry date 12/15/99] Docket as of February 22, 2002 10:23 pm Page 189 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/15/99 122 MEMORANDUM by Wadih El Hage in support of [121-1] motion an order setting reasonable bail for Mr. El-Hage's release., [121-2] motion for recission of the Special Adminstrative Measures as they pertain to Mr. El-Hage., [121-3] motion and substantial modification of the Special Administrative Measures as they pertain to Mr. El_hage., [121-4] motion to transfer Mr. El-Hage to general population withon the United States Bureau of Prisons pretrial systems. (mr) [Entry date 12/15/99] 1/1/00 143 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) [Entry date 02/02/00] 1/4/00 123 Filed Memo-Endorsement on letter dated 12/29/99 to Judge Sand signed by Leonard F. Joy as to Mohamed Rashed Daoud Al-'Owhali, asking the Court to extend their time for submissions until 2/7/00....Extension to 2/7/00 on behalf of defendant Al-Owhali is granted. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 01/04/00] 1/7/00 124 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 2/2/99. (sl) [Entry date 01/07/00] 1/10/00 -- Bail hearing as to Wadih El Hage held before Judge Sand. Deft present w/atty's Sam Schmidt & Joshua Dratel. AUSA's Patrick Fitzgerald, Ken Karas, Michael Garcia, Paul Butler. Bail proceedings held as to deft El-Hage. Oral argument begun for a reasonable bail, or for an evidentiary hearing w/respect to dangerous & risk of flight. Motion denied. Court urges all sides to consider what steps can be taken to ameloriate conditions of confinement (SAM) & to report to court within 2 weeks what ameliorative steps can be taken with respect to grievances of confinement. Conditions of confinement will be subject to continuous review in this case. Deft continued remanded. (sl) [Entry date 01/26/00] 1/12/00 125 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) [Entry date 01/12/00] Docket as of February 22, 2002 10:23 pm Page 190 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/12/00 126 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) [Entry date 01/13/00] 1/12/00 -- Filed Memo-Endorsement on Notice Of Motion In Support Of Motion For Bail And/Or Other Relief (doc. #121) as to Wadih El Hage (S6 98 Cr. 1023 -1). Judge endorsed: Denied without prejudice to renewal as set forth in oral opinion. See Transcript, Jan. 10, 2000.; This Memo Endorsement denied [121-1] motion an order setting reasonable bail for Mr. El-Hage's release, denied [121-2] motion for recission of the Special Adminstrative Measures as they pertain to Mr. El-Hage, denied [121-3] motion and substantial modification of the Special Administrative Measures as they pertain to Mr. El_hage, denied [121-4] motion to transfer Mr. El-Hage to general population withon the States Bureau of Prisons pretrial systems. ( Signed on 1/10/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/13/00] 1/18/00 127 Filed Memo-Endorsement letter addressed to Judge Sand from James Roth as to Usama Bin Laden, substituting attorney Added Lloyd Epstein. Granted. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 01/18/00] 1/18/00 128 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Patrick J. Fitzgerald (signed), dated 1/13/00, as to (S6 98 Cr. 1023 - ) defts Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. The Gov't submits this letter to request that the Court order (by endorsement on this letter) that the portions of the grand jury minutes of Wadih el Hage's testimony in Sept. 1997 and Sept. 1998 which were appended as exhibits to the Govt's papers in opposition to the motion by Wadih el Hage for bail and other relief be unsealed pursuant to Rule 6(e)(3)(C)(i) as matters that were disclosed in connection with the Court's direction that the Gov't respond to el Hage's motion. If the Court so orders, then Exhibits 18 and 24 to Mr. Fitzgerald's affidavit will no longer be sealed and the Govt's papers, as redacted with notice to defense counsel, will be publicly filed; Judge approved request. ( Signed on 1/14/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/18/00] [Edit date 01/18/00] Docket as of February 22, 2002 10:23 pm Page 191 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/18/00 129 NOTICE OF APPEAL by Wadih El Hage ; from ; the Order of Denial of Bail and Mtion to eliminate Special Administrative Order entered in this action on 1/10/00. Copies mailed to the attorneys of record: Kenneth M. Karas and Court Reporters. *(CJA)*. (dt) [Entry date 01/18/00] 1/18/00 -- Notice of Appeal with copy of order/judgment and two copies of docket entries as to Wadih El Hage transmitted to USCA re: [129-1] appeal on 1/18/00. (dt) [Entry date 01/18/00] 1/19/00 130 SEALED DOCUMENT as to Mohamed Rashed Daoud Al-'Owhali (af) [Entry date 01/19/00] 1/19/00 131 ORDER as to Usama Bin Laden, that Nadia Kahf is authorized to perform services as indicated above and that she shall be compensated at the rate of $18 per hour for services rendered on behalf of the defense. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 01/20/00] 1/19/00 132 Filed Memo-Endorsement on letter addressed to Judge Sand from Joshua L. Dratel, Atty to Wadih El Hage; counsel requests permission to submit copy of redacted version of Reply Memorandum of law with exhibits. The Clerk shall accept the Reply Memorandum of in Support of Defendant Wadih El Hage's motion for bail for filing. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 01/20/00] [Edit date 01/27/00] 1/19/00 133 MEMORANDUM by Wadih El Hage in support of [121-1] motion an order setting reasonable bail for Mr. El-Hage's release. (sl) [Entry date 01/20/00] [Edit date 01/21/00] 1/19/00 135 ORDER as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. ... Copies of all briefs, motions, etc., redacted by the government and defense counsel, (the original of which were sealed) shall be docketed and filed in the Clerk's office until otherwise notified by the Court. ( Signed on 1/19/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/21/00] 1/19/00 136 REDACTED COPY of Declaration Of Dennis W. Hasty by U.S.A. as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. [ Refer to Order, doc #135 ] (bw) [Entry date 01/21/00] Docket as of February 22, 2002 10:23 pm Page 192 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/19/00 137 REDACTED COPY of Government's Memorandum of Law in Response To Defendant's Motion For Bail And Modifications Of Prison Conditions by U.S.A. as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. [ Refer to Order, doc #135 ] (bw) [Entry date 01/21/00] 1/19/00 138 REDACTED COPY of Affirmation of AUSA Patrick J. Fitzgerald by U.S.A. as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. [ Refer to Order, doc #135 ] (bw) [Entry date 01/21/00] 1/19/00 139 REDACTED COPY of Exhibits In Support of Fitzgerald's Affidavit by U.S.A. as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. [ Refer to Order, doc #135 ] (bw) [Entry date 01/21/00] [Edit date 01/21/00] 1/20/00 134 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Patrick J. Fitzgerald (signed), dated 1/18/00, as to defts (S6-98-Cr-1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. The Gov't requests a brief extension of time within which to file its notices pursuant to Sections 2 and 6 of the Classified Information Procedures Act. The Gov't requests that it be allowed to files its notices due 1/18/00 one week from tomorrow, i.e. on 1/26/00. The Gov't would request that the defense be given a corresponding additional eight (8) days in which to file their notices pursuant to Section 5, i.e. until 2/23/00; Judge endorsed - Extension granted as requested. ( Signed on 1/17/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/21/00] Docket as of February 22, 2002 10:23 pm Page 193 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/24/00 140 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Patrick J. Fitzgerald, dated 1/21/00, as to defts (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. ... The Gov't requests that the Court endorse this letter to allow copies of Exhibit 26 (attached, consists of five pages containing travel stamps of Kenya and Pakistan) to be added to the Court docket in this case; Judge granted request. ( Signed on 1/24/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/24/00] 1/24/00 141 SEALED DOCUMENT as to Wadih El Hage (af) [Entry date 01/26/00] 1/27/00 142 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) [Entry date 01/28/00] 2/7/00 144 File notice that the record on appeal as to Wadih El Hage has been certified and transmitted to USCA on 2/7/00 [129-1] appeal. (dt) [Entry date 02/07/00] 2/8/00 145 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 12/13/99 before Judge Sand. (rg) [Entry date 02/08/00] Docket as of February 22, 2002 10:23 pm Page 194 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/9/00 146 ORDER as to Wadih El Hage, that the defendant Wadih El Hage undergo a psychiatric examination by Dr. Robert H. Berger, M.D., with the assistance of Dr. Erica Weissman, Ph.D., to assess the effects, if any, or the conditions of confinement upon Mr. El Hage's mental condition, including whether he is presently suffering from a mental disease or defect that renders him incapable of assisting properly in his own defense or mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him; and it is further ordered that Dr. Robert H. Berger and Dr. Erica Weissman be granted access to Mr. El Hage at the Manhattan Correctional Center ("MCC") as frequently as reasonably necessary to complete their examination of Mr. El Hage; and it is further ordered that a report of the psychiatric examination be provided to Assistant United States Attorneys Patrick J. Fitzgerald and Paul W. Butler of the Office of the United States Attorney for the Southern District of New York (One Saint Andrew's Plaza, New York, New York 10007), with copies provided to Sam Schmidt, Esq., and Joshua Dratel, Esq., counsel for the defendant, and that the report be provided to the United States District Judge Leonard B. Sand, United States District Court for the Southern District of New York, but not publicly filed. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 02/09/00] 2/9/00 147 ORDER as to Wadih El Hage, that Pan International Conference and Language Services may submit interimvouchers for full payment. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 02/09/00] Docket as of February 22, 2002 10:23 pm Page 195 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/9/00 148 RESPONSE by U.S.A. re [113-1] motion for dismissal of Counts 248(all), 252(all), 253(all), 254(a), 256(e), 257(b), (c) and (d), 258(a),(c),(d),(e),(f), and (g), 259(all), 260(m) and (n), 263(c), and 264 (all) because they are multiplicious;, [113-2] motion for exclusion of U.S. citizens from the jury, or, in the alternative, implementaiton of measures to ensure that they do not dominate the jury numerically, [113-3] motion for Bill of Particulars, [113-4] motion leave to join Mr. El-Hage's co-defendants' motion to the extent they benefit him, [113-5] motion leave to file additional motions when they become appropriate, [119-1] motion for partial disqualification of certain prosecutors, [117-1] motion to dismiss for lack of venue, [115-1] motion to dismiss counts for lack of jurisdiction, [111-1] motion for Bill of Particulars, [111-2] motion to strike surplusage, [111-3] motion to suppress physical evidence and derivative fruits, [111-4] motion to suppress alleged statement of accused, [111-5] motion to suppress evidence consisting of both in court and out of court identification., [111-6] motion to direct the govt to provide witness list, [111-7] motion in limine and pursuant to Rule 607, 608, 609 of FR of evidence, [111-8] motion in limine pursuant to Ruel 104, 403 and 404b of FR of evidence, [111-9] motion to direct the govt to provide timely fashion exculpatory or mitigating evidence, [111-10] motion to amend Mr Salem's previously imposed detention order, [111-11] motion for leave to file motions, [111-12] motion to join [109-1] to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing., [109-1] motion to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress Docket as of February 22, 2002 10:23 pm Page 196 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. as to Wadih El Hage, Mohamed Rashed Daoud Al-'Owhali, Mamdouh Mahmud Salim (sl) [Entry date 02/09/00] 2/9/00 149 Sealed envelope. (rg) [Entry date 02/10/00] [Edit date 02/10/00] 2/9/00 150 Filed affirmation of AUSA Patrick J. Fitzgerald as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz Re: Submitted to provide background facts relevant to the Government's memorandum in opposition to the motion of the defendant Mohamed Sadeek Odeh ("Odeh") to disqualify an Assistant U.S. Attorney who participated in the interview of Odeh in Kenya from participating in either pre-trial proceedings or the trial of Odeh as well as Odeh's motion to dismiss certain counts for lack of jurisdication. Document previously filed under seal on 1/27/00. Unsealed on 2/9/00 pursuant to endorsement on envelope unsealing documents (attached to document #149). (rg) [Entry date 02/10/00] 2/22/00 151 REPLY by Mohamed Sadeek Odeh to response to [115-1] motion to dismiss counts for lack of jurisdiction (sl) [Entry date 02/23/00] 2/22/00 152 REPLY by Mohamed Sadeek Odeh to response to [117-1] motion to dismiss for lack of venue (sl) [Entry date 02/23/00] 2/25/00 153 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) [Entry date 02/28/00] Docket as of February 22, 2002 10:23 pm Page 197 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/29/00 -- Oral argument as to El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz held. Oral argument held on various motions by defts'. All defts' except Al-Owhali waive their appearance. Deft. Al-Owhali present w/attys' Leonard Joy, Mark Gombiner and Robert Tucker of Legal Aid Society, Federal Defender Division. Deft. Odeh not present, his attys' Michael Young present and Sandra Babcock and Carl J. Herman. Deft. El Hage not present, his attys' Sam Schmidt and Joshua Dratel present. Deft. Salim not presnt, his attys' Paul J. McAllister, Esq and Charles Adler and George Goltzer of Goltzer and Adler present. Deft. Ali Mohamed not present, his atty's James Roth and Lloyd Epstein present. Deft. Khalfan Khamis Mohamed not present, his attys' Jeremy Schneider and David Stern and David Ruhuke, Esq. present-Motions are as follow: 1) Deft. Al-Owhalis motion to dismiss Indictment on due process grounds; 2) Deft. Odeh motion to dismiss indictment on venue grounds; 3) deft Al-Owhali motion to dismiss count 1 of indictment for failure to state an offense. 4) various defts' motions to dismiss particular counts of indictment as multiplicitous. 5) various defts' motions for bill of particulars; 6) deft. Odeh motion to disqualify certain assistant U.S. Attorneys from participating in trial of this case; 7) Deft. Salim motion to strike surplusage from Indictment; and 8) Deft. El-Hage's motion to disqualify U.S. citizens from serving on jury. Decision Reserved. Discovery Hearings scheduled 4/11/00. Govt. submit order excluding time thru 4/11/00. Deft. Al-Owhali cont'd remanded. (rg) [Entry date 03/15/00] [Edit date 03/15/00] 3/8/00 154 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 1/10/00 before Judge Sand. (mb) [Entry date 03/08/00] Docket as of February 22, 2002 10:23 pm Page 198 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/8/00 155 MOTION by Khalfan Khamis Mohamed An order dismissing the indictment for lack of venue. (in this regard, Khalfan Khamis Mohamed hereby joins, and adopts by refernce, the motion made by co-deft Mohamed Sadeek Odeh and the supporting affirmation of Michael Young, Esquire. An order dismissing various counts of the indictment for lack of jurisdiction. (In this regard, Kahlfan Khamis Mohmamed hereby joins, and adopts by reference, the motion made by co-deft. Mohamed Sadeek Odeh and the supporting affirmation of Sandra Babcock, Esquire.) , An order disqualifying an Assistant U.S. Attorney from participation in the government's case or, in the alternative, for an agreement among the parties on certain conditions that will obviate the problem of the "unsworn witness." An order for a Bill of Particulars as specified in the accompanying memorandum. An order granting leave to jpoin in all motions filed on behalf of co-defts. (whether specifically referred to in these pleadings or not) to the extent that such motions benefit Khalfan Khamis Mohamed. An order granting leave to file additional motions when they become appropiate. An order granting such additional relief as the Court deems just and proper. (mb) [Entry date 03/09/00] [Edit date 03/09/00] 3/8/00 156 Memorandum of Law by Khalfan Khamis Mohamed in support of [155-1] motion An order dismissing the indictment for lack of venue. (in this regard, Khalfan Khamis Mohamed hereby joins, and adopts by refernce, the motion made by co-deft Mohamed Sadeek Odeh and the supporting affirmation of Michael Young, Esquire., [155-2] motion An order dismissing various counts of the indictment for lack of jurisdiction. (In this regard, Kahlfan Khamis Mohmamed hereby joins, and adopts by reference, the motion made by co-deft. Mohamed Sadeek Odeh and the supporting affirmation of Sandra Babcock, Esquire.), [155-3] motion An order disqualifying an Assistant U.S. Attorney from participation in the government's case or, in the alternative, for an agreement among the parties on certain conditions that will obviate the problem of the "unsworn witness.", [155-4] motion An order for a Bill of Particulars as specified in the accompanying memorandum., [155-5] motion An order granting leave to jpoin in all motions filed on behalf of co-defts. (whether specifically referred to in these pleadings or not) to the extent that such motions benefit Khalfan Khamis Mohamed., [155-6] motion An order granting leave to file additional motions when they become appropiate. An order granting such additional relief as the Court deems just and proper. (mb) [Entry date 03/09/00] [Edit date 03/09/00] Docket as of February 22, 2002 10:23 pm Page 199 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/10/00 158 ORDER as to (S6 98 Cr. 1023 - ) Usama Bin Laden (5), Mamdouh Mahmud Salim (12). It is hereby ORDERED that the following investigator may be retained by Paul J. McAllister, counsel for Mr. Salim, at the stated hourly rate. [Thomas Weihmann, Amalienburgstraase #13, Munchen, Germany 81247, 0 11 49 89 812-2858, Fee: $75 per hour.] It is further ORDERED that Paul J. McAllister, Esq. Counsel for Mr. Salim, and his investigators, may retain the services of other local investigators outside of the U.S. as and when it may become necessary to do so; It is further ORDERED that the above named investigator shall be permitted to file interim vouchers for his services; It is further ORDERED that the CJA clerk shall prepare the voucher(s) for the above named investigator. ( Signed on 3/9/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 03/13/00] 3/13/00 157 MEMORANDUM OPINION # 83614 as to Mohamed Sadeek Odeh granting in part, denying in part [117-1] motion to dismiss for lack of venue as to Mohamed Sadeek Odeh (3), granting in part, denying in part [115-1] motion to dismiss counts for lack of jurisdiction as to Mohamed Sadeek Odeh (3) ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 03/13/00] 3/13/00 -- Filed Memo-Endorsement on 'Notice of Motion To Dismiss Counts For Lack of Jurisdiction' [doc #115] as to Mohamed Sadeek Odeh (S6 98 Cr. 1023 -3). Endorsement - Motion granted in part and denied in part. SO ORDERED. ( Signed on 3/13/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 03/14/00] 3/15/00 160 Memorandum and Order as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Defendants are charged with numerous offenses arising out of their alleged involvement with an international terrorist organization led by Dft. Bin Laden ("Bin Laden"). Presently before the Court are four motions, filed by Dfts. Wadih El Hage (" El Hage"), Mamdouh Mahmud Salim (" Salim"), Mohamed Sadeek Odeh ("Odeh"), and Khalfan Khamis Mohamed ( K.K. Mohamed") seeking an order compelling an order compelling the government to file a bill of particularshat is responsive to over 150 separate requests for information. For the reasons set forth below, those motions are granted in part and denied in part. The government is ordered to file a bill of particulars, but that billl need only be responsive to those specific requests that we identify below. (mb) [Entry date 03/17/00] 3/16/00 159 SEALED DOCUMENT as to Khalfan Khamis Mohamed (af) Docket as of February 22, 2002 10:23 pm Page 200 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 03/16/00] 3/24/00 161 True Copy of Order from USCA as to Wadih El Hage Re: that the motions, and each of them are hereby, DENIED. An opinion of the Court will follow in due course. (mr) [Entry date 03/24/00] [Edit date 03/30/00] 3/30/00 162 Filed Memo-Endorsement on Motion (Doc. #117) as to Mohamed Sadeek Odeh, Motion denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 03/30/00] Docket as of February 22, 2002 10:23 pm Page 201 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/30/00 163 OPINION # 83736 as to (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz denying [155-1] motion An order dismissing the indictment for lack of venue. (in this regard, Khalfan Khamis Mohamed hereby joins, and adopts by refernce, the motion made by co-deft Mohamed Sadeek Odeh and the supporting affirmation of Michael Young, Esquire. as to Khalfan Khamis Mohamed (8), denying [155-2] motion An order dismissing various counts of the indictment for lack of jurisdiction. (In this regard, Kahlfan Khamis Mohmamed hereby joins, and adopts by reference, the motion made by co-deft. Mohamed Sadeek Odeh and the supporting affirmation of Sandra Babcock, Esquire.) as to Khalfan Khamis Mohamed (8), denying [155-3] motion An order disqualifying an Assistant U.S. Attorney from participation in the government's case or, in the alternative, for an agreement among the parties on certain conditions that will obviate the problem of the "unsworn witness." as to Khalfan Khamis Mohamed (8), denying [155-4] motion An order for a Bill of Particulars as specified in the accompanying memorandum. as to Khalfan Khamis Mohamed (8), denying [155-5] motion An order granting leave to jpoin in all motions filed on behalf of co-defts. (whether specifically referred to in these pleadings or not) to the extent that such motions benefit Khalfan Khamis Mohamed. as to Khalfan Khamis Mohamed (8), denying [155-6] motion An order granting leave to file additional motions when they become appropiate. An order granting such additional relief as the Court deems just and proper. as to Khalfan Khamis Mohamed (8), denying [113-1] motion for dismissal of Counts 248(all), 252(all), 253(all), 254(a), 256(e), 257(b), (c) and (d), 258(a),(c),(d),(e),(f), and (g), 259(all), 260(m) and (n), 263(c), and 264 (all) because they are multiplicious; as to Wadih El Hage (1), denying [113-2] motion for exclusion of U.S. citizens from the jury, or, in the alternative, implementaiton of measures to ensure that they do not dominate the jury numerically as to Wadih El Hage (1), denying [113-3] motion for Bill of Particulars as to Wadih El Hage (1), denying [113-4] motion leave to join Mr. El-Hage's co-defendants' motion to the extent they benefit him as to Wadih El Hage (1), denying [113-5] motion leave to file additional motions when they become appropriate as to Wadih El Hage (1), denying [119-1] motion for partial disqualification of certain prosecutors as to Mohamed Sadeek Odeh (3), denying [111-1] motion for Bill of Particulars as to Mamdouh Mahmud Salim (12), denying [111-2] motion to strike surplusage as to Mamdouh Mahmud Salim (12), denying [111-3] motion to suppress physical evidence and derivative fruits as to Mamdouh Mahmud Salim (12), denying [111-4] motion to suppress alleged statement Docket as of February 22, 2002 10:23 pm Page 202 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR of accused as to Mamdouh Mahmud Salim (12), denying [111-5] motion to suppress evidence consisting of both in court and out of court identification. as to Mamdouh Mahmud Salim (12), denying [111-6] motion to direct the govt to provide witness list as to Mamdouh Mahmud Salim (12), denying [111-7] motion in limine and pursuant to Rule 607, 608, 609 of FR of evidence as to Mamdouh Mahmud Salim (12), denying [111-8] motion in limine pursuant to Ruel 104, 403 and 404b of FR of evidence as to Mamdouh Mahmud Salim (12), denying [111-9] motion to direct the govt to provide timely fashion exculpatory or mitigating evidence as to Mamdouh Mahmud Salim (12), denying [111-10] motion to amend Mr Salem's previously imposed detention order as to Mamdouh Mahmud Salim (12), denying [111-11] motion for leave to file motions as to Mamdouh Mahmud Salim (12), denying [111-12] motion to join [109-1] to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous, [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property., [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts, [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99, [109-5] motion for Bill of Particulars, [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. as to Mamdouh Mahmud Salim (12), denying [109-1] motion to dismiss the indictment. Order dismissing Count one of indictment. An order dismissing counts 11 through 222 and counts 223 thorugh 234 as multiplicitous as to Mohamed Rashed Daoud Al-'Owhali (4), denying [109-2] motion to direct the govt to elect between Count 4 and Counts 9 and 10. Order directing the govt to elect amount Counts 7, 8, 9, 10, 11-222, 223-234, 242, 243 and 244 because Congress did not intend to multiple punishments for the single act of bombing US property. as to Mohamed Rashed Daoud Al-'Owhali (4), denying [109-3] motion Permission for deft to join in the motion filed by the Deft Odeh for dismissal of counts 5, 7, 8 and 11 throught 236 and 240, 241, 243 and 244 on the grounds that the Court lacks extraterritorial jurisdiction over the crimes alleged in those Counts as to Mohamed Rashed Daoud Al-'Owhali (4), denying [109-4] motion to compel additional discovery as requested by counsel for deft al Owhali in letters dated 11/6/98 and 10/25/99 as to Docket as of February 22, 2002 10:23 pm Page 203 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Mohamed Rashed Daoud Al-'Owhali (4), denying [109-5] motion for Bill of Particulars as to Mohamed Rashed Daoud Al-'Owhali (4), denying [109-6] motion to suppress evidence at trial of certain statements alleged to have been made by deft al-Owhali following his arrest in Kenya and to suppress all identification testimony based on out of court identification proceedings or granting and evidentiary hearing. as to Mohamed Rashed Daoud Al-'Owhali (4). ... CONCLUSION of Opinion: For the foregoing reasons, all of the motions presently before the Court are denied. The Defendants may file additional motions when they become appropriate. ( Signed on 3/30/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 03/30/00] 3/30/00 -- Filed Memo-Endorsement on Motion for Partial Disqualification of Certain Prosecutors (Document # 119) as to Mohamed Sadeek Odeh, Motion Denied ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 03/30/00] 3/30/00 164 Filed Memo-Endorsement on letter addressed to Judge Sand from Attorney Sam A. Schmidt, dated 3/21/00, as to deft Wadih El Hage (1). Mr. Schmidt writes on behalf of deft El-Hage concerning the conditions of confinement and the conduct of the Bureau of Prisons. He requests that Mr. El-Hage be able to publish this letter to the public should he wish to do so; Judge endorsed - Request to publish granted. ( Signed on 3/29/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 03/31/00] 4/5/00 165 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 2/16/00 before Judge Sand. (mr) [Entry date 04/05/00] 4/5/00 166 TRANSCRIPT of record of proceedings before Judge Leonard B. Sand as to (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz for date of 2/29/00 11:30 a.m. (bw) [Entry date 04/05/00] Docket as of February 22, 2002 10:23 pm Page 204 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/11/00 167 ORDER as to (S6 98 Cr. 1023 - ) Wadih El Hage (1), Fazul Abdullah Mohammed (2), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4), Usama Bin Laden (5), Muhammad Atef (6), Mustafa Mohamed Fadhil (7), Khalfan Mohamed (8), Ahmed Khalfan Ghailani (9), Fahid Mohammed Msalam (10), Sheikh Ahmed Salim Swedan (11), Mamdouh Mahmud Salim (12), Ali Mohamed (13), Ayman Al Zawahiri (14), Khaled Al Fawwaz (15). ... Upon the application of Mary Jo White, U.S. Attorney for the S.D.N.Y., by Patrick J. Fitzgerald, Kenneth M. Karas, Michael J. Garcia and Paul W. Butler, A.U.S.A., and in the absence of objection by the defendants MAMDOUH MAHMUD SALIM, ALI MOHAMED, WADIH EL HAGE, MOHAMED SADEEK ODEH, MOHAMED RASHED DAOUD AL-'OWHALI and KHALFAN KHAMIS MOHAMED, it is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), all time running from 4/11/00, until 9/5/00 (the date set by the Court for the commencement of trial) shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendants in a speedy trial. ( Signed on 4/10/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 04/11/00] 4/14/00 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Deft. Al'Owhali present w/attys' Leonard Joy, David Bruck. Ex party conference held and concluded. Deft. cont'd detained. (rg) [Entry date 05/11/00] 4/18/00 169 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) [Entry date 04/19/00] 4/18/00 168 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) [Entry date 04/19/00] 4/18/00 171 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) [Entry date 04/19/00] Docket as of February 22, 2002 10:23 pm Page 205 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/18/00 172 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (da) [Entry date 04/19/00] 4/19/00 170 ORDER as to (S6 98 Cr. 1023 - ) Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. ... THIS MATTER having been opened to the Court upon the application of counsel for defendant Mohamed Odeh on behalf of all defendants for authorization to obtain database management and ongoing computerized assistance to the defendants, and counsel having submitted a proposal by AAIM, Inc. dated March 22, 2000 to the Court for review, and the Court having determined that such service is necessary for the preparation of the defense in this case: IT IS ON THIS 18 day of April, 2000 ordered that the proposal submitted by AAIM, Inc. to provide computerized database services to the defense is hereby approved, and that the Office of the Clerk is directed to establish an appropriate system of payment for the implementation of said database management system. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 04/19/00] [Edit date 04/19/00] 4/20/00 173 Filed Memo-Endorsement on letter dated 4/18/00 to Judge Sand signed by Sam A. Schmidt as to Usama Bin Laden, requesting authorization of the purchase of 8 transcribing machines....Expenditure authorized. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 04/20/00] 4/20/00 174 MEMORANDUM And ORDER as to Mohamed Rashed Daoud Al-'Owhali (S6 98 Cr. 1023 -4). The Defendants are charged with numerous offenses arising out of their alleged involvement in an international terrorist organization led by Defendant Usama Bin Laden ("Bin Laden") and that organization's alleged involvement in the August, 1998 bombings of the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Presently before the Court is Defendant Al-'Owhali's motion to dismiss Count One of the Indictment on the ground that it fails to state an offense. For the reasons set forth in this Memorandum And Order, that motion is denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 04/21/00] Docket as of February 22, 2002 10:23 pm Page 206 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/25/00 175 MOTION by Wadih El Hage (S6 98 Cr. 1023 -1) for the following relief: (1) for an Order for discovery that is necessary for the preparation of Mr. El-Hage's pretrial motions for (i) suppression of evidence seized; (ii) suppression of statements; (iii) suppression of electronic surveillance; (iv) severance; and/or (v) other relief; and 2) for an Order granting leave to join Mr. El-Hage's co-defts' motions to the extent they benefit him.; Return date 5/16/00. (Declaration of Joshua L. Dratel in Support, Exhibits 1-4 attached) (bw) [Entry date 04/26/00] 4/25/00 176 MEMORANDUM Of Law by Wadih El Hage in support of [175-1] motion (1) for an Order for discovery that is necessary for the preparation of Mr. El-Hage's pretrial motions for (i) suppression of evidence seized; (ii) suppression of statements; (iii) suppression of electronic surveillance; (iv) severance; and/or (v) other relief, [175-2] motion 2) for an Order granting leave to join Mr. El-Hage's co-defts' motions to the extent they benefit him. (bw) [Entry date 04/26/00] 5/1/00 177 SEALED DOCUMENT as to Mohamed Sadeek Odeh (af) [Entry date 05/02/00] 5/3/00 179 ORDER as to Wadih El Hage, that the following additional investigator may be retained by Sam A. Schmidt, counsel for Wadih El Hage, at the stated hourly rate. Metro One Investigations, 4225 Laclede Avenue, St. Louis, MO 63108, 877-533-0010/314-533-0090-fax, Fee: $65/hour. It is hereby further ordered that the above named investigator shall be permitted to file interim vouchers for their services; It is further ordered that the CJA clerk shall prepare the vouchers for the above named investigator, if necessary. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 05/05/00] 5/4/00 178 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz (af) [Entry date 05/05/00] Docket as of February 22, 2002 10:23 pm Page 207 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/8/00 186 (S7) SUPERSEDING INDICTMENT (part 1) as to Wadih El Hage (1) count(s) 1sssssss, 2sssssss, 3sssssss, 5sssssss, 6sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Fazul Mohammed (2) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Usama Bin Laden (5) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss-278sssss, 279sssss, 280sssss-281sssss, 282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Muhammad Atef (6) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss-278sssss, 279sssss, 280sssss-281sssss, 282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Mustafa Mohamed Fadhil (7) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss, 11ssss-223ssss, 224ssss-234ssss, 235ssss-275ssss, 276ssss, 277ssss-278ssss, 279ssss, 280ssss-281ssss, 282ssss, 283ssss, 284ssss, 285ssss, 286ssss, Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss, Ahmed Khalfan Ghailani (9) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss, 11ssss-223ssss, 224ssss-234ssss, 235ssss-275ssss, 276ssss, 277ssss-278ssss, 279ssss, 280ssss-281ssss, 282ssss, 283ssss, 284ssss, 285ssss, 286ssss, Fahid Mohammed Msalam (10) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss, 11ssss-223ssss, 224ssss-234ssss, 235ssss-275ssss, 276ssss, 277ssss-278ssss, 279ssss, 280ssss-281ssss, 282ssss, 283ssss, 284ssss, 285ssss, 286ssss, Sheikh Ahmed Salim Swedan (11) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss, 11ssss-223ssss, 224ssss-234ssss, 235ssss-275ssss, 276ssss, 277ssss-278ssss, 279ssss, 280ssss-281ssss, 282ssss, 283ssss, 284ssss, 285ssss, 286ssss, Mamdouh Mahmud Salim (12) count(s) 1sss, 3sss, 5sss, 6sss, Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss, Ayman Al Zawahiri (14) count(s) 1s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s-223s, 224s-234s, 235s-275s, 276s, Docket as of February 22, 2002 10:23 pm Page 208 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 277s-278s, 279s, 280s-281s, 282s, 283s, 284s, 285s, 286s, Khaled Al Fawwaz (15) count(s) 1s, 3s, 5s, 6s (dcap) [Entry date 06/01/00] [Edit date 06/01/00] 5/8/00 186 (S7) SUPERSEDING INDICTMENT (Part 2) as to Ibrahim Eidarous (16) count(s) 1, 3, 4, 5, 6, 7, 8, 9, 10, 11-223, 224-234, 235-275, 276, 277-278, 279, 280-281, 282, 283, 284, 285, 286, Adel Abdel Bary (17) count(s) 1, 3, 4, 5, 6, 7, 8, 9, 10, 11-223, 224-234, 235-275, 276, 277-278, 279, 280-281, 282, 283, 284, 285, 286 (dcap) [Entry date 06/01/00] 5/9/00 180 Filed Memo-Endorsement on letter addressesd to Judge Sand from Patrick J. Fitzgerald , A.U.S.A., Sih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, dated 5/8/00. Re: The Government requests until 5/22/00 to file its response to the pending motions. Extension granted to 5/22/00. ( Signed by Judge Leonard B. Sand ); Copies mailed to counsel on 5/9/00. (mb) [Entry date 05/10/00] 5/11/00 181 LETTER filed by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali From AUSA Michael J. Garcia, Dated 5/4/00, Addressed to: Mr. Joy Re: death penalty. (mr) [Entry date 05/12/00] 5/16/00 182 SEALED DOCUMENT as to Mohamed Sadeek Odeh (afo) [Entry date 05/16/00] 5/17/00 183 Filed Memo-Endorsement on letter addressed to Judge Sand from James Roth, Esq., counsel for Ali Mohamed, dated 5/16/00. Re: Request to have the dft. excused from the scheduled conference on 5/23/00. Application denied. No sound basis has been advanced to waive dft's. presence at the arraignment. Matters may well arise at the conference which will either require the dft's. presence or at a minimum make such presence helpful and appropiate. arraignment ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) [Entry date 05/19/00] 5/22/00 184 SEALED DOCUMENT as to Ali Mohamed (afo) [Entry date 05/23/00] Docket as of February 22, 2002 10:23 pm Page 209 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/23/00 -- Arraignment as to Mamdouh Mahmud Salim, Ali Mohamed, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held Mamdouh Mahmud Salim (12) count(s) 1sss, 3sss, 5sss, 6sss, Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss, Wadih El Hage (1) count(s) 1sssssss, 2sssssss, 3sssssss, 5sssssss, 6sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss before Judge Leonard B. Sand. Defendant Salim present with attorneys Paul J. McAllisterand Charles D. Adler. Defendant arraigned on S(7) indictment and pleads not guilty on counts 1,3,5 and 6 only as charged. Defendant Ali Mohammed present with attorneys James Roth and Lloyd Epstein, and defendant is arraigned on S(7) indictment and pleads not guilty on counts 1,2,3,5 and 6 as charged. Defendant Wadih El Hage present with attorneys Sam A. Schmidt and Joshua Dratel and defendant arraigned on S97) indictment and pleads not guilty on counts 1,2,3,5 and 6, and 287 thru 308 as charged. Defendant Mohamed Sadeek Odeh present with attorneys Michael Young, Carl J. Herman and Sandra A. Babcock and defendant arraigned and pleads plead not guilty plea on counts 1,3 thru 286 as charged. Defendant Al-Owhali present with attorneys Leonard Joy, David Bruck and Robert Tucker and defendant arraigned and pleads not guilty on counts 1, and 3 thru 286 as charged. Defendant Khalfan Khamis Mohamed present with attorneys Jeremy Schneider and David Stern and defendant is arraigned on S(7) indictment and pleads not guilty on counts 1, 3 thru 6,8,10 224 thru 234, 277, 278,279,283, 284, and 286 as charged. By 5/30/00 defendant's notify court with respect to whether defense will submit written reply to government's opposition to defense discovery motion and whether defense will submit CIPA motions and if so, dates of submission by 6/1/00 releasing manes and addresses of jurors and by 6/1/00, defendant's response. Defendant's severence motins due approximately by 6/12/00. Other defendants motions for suppression; FISA; due process; extradiction) by 6/15/00. Government to file by 6/17/00. By 6/19/00 government's response to defendants severence motions (if any) by approximately 6/26/00. Government's opposition to defendant's 6/15/00 motions by 7/17/00, and Docket as of February 22, 2002 10:23 pm Page 210 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR defendant's Al-Owhali, Odeh, K.K> Mohammed response to governments 6/17/00 notice of aggravting factors, and perhaps other death-penalty related motions also by 7/7/00. Defendant's reply to government's oppositions to defendants' motions by 7/31/00. Parties to submit joint jury questionaire on 8/15/00. Trial date se-set to 1/31/2001. All defendants' continued detained. (mr) [Entry date 06/01/00] 5/23/00 -- PLEA entered by Mamdouh Mahmud Salim, Ali Mohamed, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed . Court accepts plea. Not Guilty: Mamdouh Mahmud Salim (12) count(s) 1sss, 3sss, 5sss, 6sss, Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss, Wadih El Hage (1) count(s) 1sssssss, 2sssssss, 3sssssss, 5sssssss, 6sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 6ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss (Terminated motions - ) (mr) [Entry date 06/01/00] 5/26/00 185 Filed Memo-Endorsement on letter addressed to Judge Sand from Attorney Sam A. Schmidt, dated 5/22/00, as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz. ... Mr. Schmidt writes to request that the Judge authorizes the purchase of the additional six Marantz PMD-201 machines and foot pedals in order to transcribe all the cassettes (of the recently declassified intercepted conversations in Kenya) as soon as possible; Judge endorsed - Authorization granted. ( Signed on 5/25/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 05/30/00] Docket as of February 22, 2002 10:23 pm Page 211 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/31/00 187 Reply memorandum of Law by Wadih El Hage to in support of ` [175-1] motion (1) for an Order for discovery that is necessary for the preparation of Mr. El-Hage's pretrial motions for (i) suppression of evidence seized; (ii) suppression of statements; (iii) suppression of electronic surveillance; (iv) severance; and/or (v) other relief (mb) [Entry date 06/01/00] 5/31/00 -- Pre-Trial Conference as to Mohamed Sadeek Odeh held. Dft. present with atty. Michael Young and Carlos J. Herman also present Anthony L. Ricco, Esq. (AUSA Patrick Fitzgerald, AUSA Ken Karas, AUSA Robert Cramer present. Dft. Odeh application to have Michael Young relieved as counsel is granted and attorney L. Ricco is appointed and assigned as counsel in case pursuant to CJA anss a part of defense in case, Edward D. Wilford, Esq. as co-counsel to anthony Ricco. Dft. continued detained.....Sand,J. (mb) [Entry date 06/02/00] 5/31/00 189 Notice of Appearance for Mohamed Sadeek Odeh by C.J.A Attorney Edward D. Wilford. (mb) [Entry date 06/02/00] [Edit date 06/02/00] 5/31/00 190 Notice of Appearance for Mohamed Sadeek Odeh by CJA Attorney Anthony L. Ricco. (mb) [Entry date 06/02/00] 5/31/00 -- CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mohamed Sadeek Odeh : Appointment of Attorney Anthony L. Ricco ( Signed by Judge Leonard B. Sand ) (df) [Entry date 10/04/00] 6/1/00 188 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Time excluded from 9/5/00 until 1/3/01 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 06/02/00] 6/2/00 191 ORDER as to Mohamed Sadeek Odeh, substituting attorney terminated attorney Michael R. Young for Mohamed Sadeek Odeh Added Anthony L. Ricco and co-counsel Edward D. Wilford. ( Signed by Judge Leonard B. Sand ). (mb) [Entry date 06/07/00] Docket as of February 22, 2002 10:23 pm Page 212 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/2/00 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Defendant Mohamed Rashed Daou Al-Owhali present with attorneys Robert Tucker and David I. Bruck. Arabic interpreter Andre J. Codouni and Kamal S. Afouni, and court reporter Kathy Klepfer also present. Hearing begunas to defendant's application to have his attorneys removed ans have new counsel appointed. Hearing adjourned until 6/5/00, at 2:00 pm, in courtroom 519, 40 Foley square....Fox, F.N., United States Magistrate Judge. (mr) [Entry date 06/27/00] 6/5/00 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Defendant Mohamed Rashed Daoud Al-Owhali present attorneys Robert Tucker and David I. Bruck, Arabic interpreters Andre J. Codouni and Mohsen Shawarby and court reporter Martha Hess also present. Hearing continued as to defendant's application to have his attorneys removed and have new counsel appointed. Hearing concluded, Decision resereved. (mr) [Entry date 06/27/00] 6/7/00 192 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 06/07/00] 6/7/00 225 MOTION by Ali Mohamed to sever the defendant's trial of certain co-defendants., and Granting counsel for the defendant a reasonable amount of time to make such additional motions as are predicated upon the government's response to and necessitated by the court decision on the instant motion. (mr) [Entry date 06/28/00] 6/8/00 193 SEALED DOCUMENT as to Khalfan Khamis Mohamed (afo) [Entry date 06/08/00] 6/8/00 194 ARREST WARRANT issued as to Sheikh Ahmed Salim Swedan (S7 98 Cr. 1023 -11). (bw) [Entry date 06/09/00] 6/8/00 195 ARREST WARRANT issued as to Fahid Mohammed Msalam (S7 98 Cr. 1023 -10). (bw) [Entry date 06/09/00] 6/8/00 196 ARREST WARRANT issued as to Ahmed Khalfan Ghailani (S7 98 Cr. 1023 -9). (bw) [Entry date 06/09/00] 6/8/00 197 ARREST WARRANT issued as to Mustafa Mohamed Fadhil (S7 98 Cr. 1023 -7). (bw) [Entry date 06/09/00] 6/8/00 198 ARREST WARRANT issued as to Fazul Abdullah Mohammed (S7 98 Cr. 1023 -2). (bw) [Entry date 06/09/00] Docket as of February 22, 2002 10:23 pm Page 213 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/8/00 199 ARREST WARRANT issued as to Adel Abdel Bary (S7 98 Cr. 1023 -17). (bw) [Entry date 06/09/00] 6/8/00 200 ARREST WARRANT issued as to Ibrahim Eidarous (S7 98 Cr. 1023 -16). (bw) [Entry date 06/09/00] 6/8/00 201 ARREST WARRANT issued as to Khaled Al Fawwaz (S7 98 Cr. 1023 -15). (bw) [Entry date 06/09/00] 6/8/00 202 ARREST WARRANT issued as to Ayman Al Zawahiri (S7 98 Cr. 1023 -14). (bw) [Entry date 06/09/00] 6/8/00 203 ARREST WARRANT issued as to Muhammad Atef (S7 98 Cr. 1023 -6). (bw) [Entry date 06/09/00] 6/8/00 204 ARREST WARRANT issued as to Usama Bin Laden (S7 98 Cr. 1023 -5). (bw) [Entry date 06/09/00] 6/12/00 205 TRANSCRIPT of record of proceedings as to Mohamed Rashed Daoud Al-'Owhali for dates of 4/14/00 before Judge Sand. (mr) [Entry date 06/12/00] 6/12/00 213 Filed declaration of David A. Ruhnke, Esquire, in opposition to Government's motions for an anonymous protected jury and to protect the addresses of jurors. (rg) [Entry date 06/20/00] 6/12/00 214 MEMORANDUM OF LAW on behalf of Khalfan Khamis Mohamed in opposition to government's motions for an anonymous protected jury and to protect the addresses of jurors. (rg) [Entry date 06/20/00] 6/13/00 206 MOTION by Wadih El Hage for discovery (mr) [Entry date 06/14/00] 6/13/00 207 REDACTED MEMORANDUM by Wadih El Hage in support of [206-1] motion for discovery (mr) [Entry date 06/14/00] 6/13/00 208 REDACTED REPLY MEMORANDUM by Wadih El Hage in support of [206-1] motion for discovery (mr) [Entry date 06/14/00] 6/13/00 209 Filed Memo-Endorsement on letter to Judge Sand dtd. June 8, 2000 from Sam A. Schmidt as to Usama Bin Laden, Acquisition of 5 more translators is authorized ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 06/15/00] 6/13/00 210 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) Docket as of February 22, 2002 10:23 pm Page 214 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 06/15/00] 6/13/00 220 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 06/22/00] 6/13/00 221 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 06/22/00] 6/15/00 211 SEALED DOCUMENT as to Mohamed Rashed Daoud Al-'Owhali (af) [Entry date 06/16/00] 6/15/00 212 MOTION by Mamdouh Mahmud Salim for relief consisting of the following: A) An Order pursuant to Rule 12(b)(3) of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and directing a pre-trial hearing upon the motion; and B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so; and C) An Order granting Mr. Salim leave to join in those applications and arguments of codefendants arguably related and favorable to him; and D) An Order permitting Mr. Salim to make such further motions as necessary. E) An Order for such order and further relief as the Court deems just and proper. Return date to be set by the Court. (bw) [Entry date 06/19/00] Docket as of February 22, 2002 10:23 pm Page 215 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/15/00 216 MEMORANDUM OF POINTS AND AUTHORITIES ON BEHALF OF MAMDOUH MAHMUD SALIM in support of [212-1] motion A) An Order pursuant to Rule 12(b)(3) of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and directing a pre-trial hearing upon the motion, [212-2] motion B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so, [212-3] motion C) An Order granting Mr. Salim leave to join in those applications and arguments of codefendants arguably related and favorable to him, [212-4] motion D) An Order permitting Mr. Salim to make such further motions as necessary. E) An Order for such order and further relief as the Court deems just and proper. (rg) [Entry date 06/21/00] 6/19/00 218 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 06/22/00] 6/20/00 217 MANDATE OF USCA (certified copy) as to Wadih El Hage Re: [129-1] appeal affirming judgment/order (rg) [Entry date 06/21/00] 6/21/00 215 ORDER as to Mohamed Sadeek Odeh, This matter having been opened to the Court upon the application of counsel for defendant Mohamed Odeh for the appointment of Paul Muite, Esq., as an attorney/research assistant in this matter, and the Court having reviewed the documents submitted in behalf of this application, and for good cause; In is on 19th day oof June, 2000 ordered that Paul Muite, esq. be appointed as an attorney/research assistant on behalf of the defense, with authorization to be paid at the $100.00 per hour for work performed in relation to this case, nunc pro tunc to 5/5/00. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 06/21/00] 6/21/00 219 ORDER as to Mohamed Sadeek Odeh, that Carl J. Herman, Esq. shall continue to represent Mohamed Odeh at the rate of $125.00 per hour for work performed in relation to this case. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 06/22/00] 6/22/00 222 NOTICE of Appearance for Mohamed Rashed Daoud Al-'Owhali by Attorney Frederick H. Cohen (rg) [Entry date 06/27/00] Docket as of February 22, 2002 10:23 pm Page 216 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/22/00 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Defendant Al-Owhali present with attorneys David Bruck and Robert Tucker and Leonard Joy via telephone. Interpreter Mohsen Shawarby (Arabic) present. Court reporter Martha Hess present. Ex Parte conference held and concluded. Defendant Al-Owhali's application to replace his defense team is granted and Frederick Cohn, Esq. is appointed pursuant to CJA as new cousenl in case. Defendant continued detained. (mr) [Entry date 06/27/00] 6/22/00 -- CJA 30 DEATH PENALTY PROCEEDINGS: APPOINTMENT OF AND AUTORITY TO PAY COURT APPOINTED COUNSEL as to Mohamed Rashed Daoud Al-'Owhali : Appointment of Attorney Frederick H. Cohn ( Signed by Judge Leonard B. Sand ) (df) [Entry date 08/30/00] 6/26/00 228 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 06/30/00] 6/26/00 229 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 06/30/00] 6/26/00 -- CJA 30 DEATH PENALTY PROCEEDINGS: APPOINTMENT OF AND AUTORITY TO PAY COURT APPOINTED COUNSEL as to Mohamed Rashed Daoud Al-'Owhali : Appointment of Attorney David Preston Baugh ( Signed by Judge Leonard B. Sand ) (df) [Entry date 08/30/00] 6/27/00 223 ORDER as to Mohamed Rashed Daoud Al-'Owhali, The Legal Aid attorney assigned to this case Leonard Joy and Robert Tucker Esq are ordered substituted and the representation of the defendant in the above captioned matter is assigned to Frederick H. Cohn. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 06/27/00] 6/27/00 224 ORDER as to Mohamed Rashed Daoud Al-'Owhali. The C.J.A. attorney assigned to this case David Bruck (death penalty expert) is hereby ordered substituted and the representation of the defendant in the above captioned matter is assigned to David Baugh of Richmond, Virginia (CJA). ( Signed on 6/26/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 06/27/00] Docket as of February 22, 2002 10:23 pm Page 217 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/27/00 226 MEMORANDUM by Ali Mohamed in support of [225-1] motion to sever the defendant's trial of certain co-defendants., [225-2] motion Granting counsel for the defendant a reasonable amount of time to make such additional motions as are predicated upon the government's response to and necessitated by the court decision on the instant motion. (mr) [Entry date 06/28/00] 6/27/00 227 NOTICE of Intent to seek the Death Penalty signed by U.S. attorney Mary Jo White as to Mohamed Rashed Daoud Al-'Owhali (mr) [Entry date 06/28/00] 6/28/00 230 Notice of Intent To Seek The Death Penalty by U.S.A. as to Khalfan Khamis Mohamed. (bw) [Entry date 07/05/00] 7/6/00 231 ORDER as to Mohamed Sadeek Odeh, that Sandra L. Babcock shall continue to represent Mohamed Odeh at the rate of $125 per hour for work performed in relation to this case. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 07/10/00] 7/7/00 232 MOTION by Mohamed Sadeek Odeh to suppress all statements made by Mr. Odeh to the Pakistani authorities., to suppress all statements made by Mr. Odeh to the Kenyan authorities., to suppress all evidence seized during a search of Mr. Odeh's residence in Witu Kenya. (mr) [Entry date 07/10/00] 7/7/00 233 MEMORANDUM by Mohamed Sadeek Odeh in support of [232-1] motion to suppress all statements made by Mr. Odeh to the Pakistani authorities., [232-2] motion to suppress all statements made by Mr. Odeh to the Kenyan authorities., [232-3] motion to suppress all evidence seized during a search of Mr. Odeh's residence in Witu Kenya. (mr) [Entry date 07/10/00] 7/10/00 234 TRANSCRIPT of record of proceedings before Judge Leonard B. Sand as to Mamdouh Mahmud Salim, Ali Mohamed, Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for date of May 23, 2000 10:20 a.m. (bw) [Entry date 07/11/00] 7/10/00 236 TRANSCRIPT of record of proceedings as to Mohamed Sadeek Odeh for dates of 5/23/00 before Judge Pitman. (mr) [Entry date 07/12/00] 7/11/00 235 TRANSCRIPT of record of proceedings as to Mohamed Sadeek Odeh for dates of 5/31/00 before Judge Sand. (rg) [Entry date 07/11/00] 7/13/00 237 MOTION by Ali Mohamed in support of dft's. motion to suppress evidence seized pursuant to Foreign Intelligence Surveillance Act (FISA). (mb) [Entry date 07/14/00] Docket as of February 22, 2002 10:23 pm Page 218 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 7/13/00 238 Memorandum of Law by Ali Mohamed in support of [237-1] motion in support of dft's. motion to suppress evidence seized pursuant to Foreign Intelligence Surveillance Act (FISA). (mb) [Entry date 07/14/00] 7/13/00 239 Redacted exhibits to declaration of Lloyd Epstein, esq. in support of dft. Ali Mohamed's motion to suppress evidence seized pursuant to the Foreign Intelligence Surveillance Act ("FISA"). (mb) [Entry date 07/14/00] 7/25/00 240 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... IT IS SO ORDERED that all approved Swahili and Arabic translators of tape recorded conversations receive $75 an hour in compensation for the transcription from Arabic and Swahili in English and necessary expenses, such compensation considered to be reasonable for such services; IT IS FURTHER ORDERED that said translators may submit interim vouchers for full payment. ( Signed on 7/24/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 07/25/00] 8/1/00 -- Filed Memo-Endorsement on as to Mohamed Sadeek Odeh withdrawing [232-1] motion to suppress all statements made by Mr. Odeh to the Pakistani authorities. as to Mohamed Sadeek Odeh (3), withdrawing [232-2] motion to suppress all statements made by Mr. Odeh to the Kenyan authorities. as to Mohamed Sadeek Odeh (3), withdrawing [232-3] motion to suppress all evidence seized during a search of Mr. Odeh's residence in Witu Kenya. as to Mohamed Sadeek Odeh (3). This action is taken without prejudice to the right of counsel for Mr. Odeh to file a renewed Motion to Suppress consistent with Mr. Odeh's statements in open court today. The Court notes in this regard Mr. Ricco's statement that assurances have been given to Mr. Odeh that with respect to this subject matter nothing will be submitted to the Court that does not have his express approval. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 08/04/00] 8/2/00 241 SEALED DOCUMENT (afo) [Entry date 08/02/00] 8/2/00 242 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) Docket as of February 22, 2002 10:23 pm Page 219 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 08/04/00] 8/2/00 -- Pre-Trial Conference as to Wadih El Hage (1), Mohamed Sadeek Odeh (3), Mohamed Rashed Daoud Al-'Owhali (4), Khalfan Khamis Mohamed (8), Mamdouh Mahmud Salim (12), Ali Mohamed (13) held. ... Deft AL-'OWHALI present w/atty Frederick H. Cohn. Deft ODEH present w/attys Anthony Ricco, Edward Wilford and Carl J. Herman. Deft EL HAGE present w/attys Sam Schmidt and Joshua Dratel. Deft SALIM present w/attys Paul J. McAllister, Charles Adler and George Goltzer. Deft ALI MOHAMED present w/atty James Roth. Deft KHALFAN KHAMIS MOHAMED present w/attys Jeremy Schneider, David Stern and David Ruhnke. AUSAs Patrick Fitzerald, Ken Karas, Michael Garcia, Paul Butler and Robert Cramer. Arabic Interpreter Andre J. Codouni, Swahili Interpreter Laura Black. Pretrial Conference and oral argument on severance motions held. Defts El Hage, Salim, and Ali Mohamed motions for severance from trial are denied without prejudice to renewal. Trial will be with a single jury of 12 and 6 alternatives. Court will meet w/attys and Jury Commissioner within (45) days from today and parties to submitt a proposed joint Jury questionairre. Suppression Hearing for deft Salim to commence 9/12/00 at 9:30 a.m. Gov't to respond by 8/21/00 to suppression motions of El Hage and Ali Mohamed. All defts' continued detained. ( Held before Judge Sand ) (bw) [Entry date 08/08/00] [Edit date 08/08/00] 8/2/00 -- Suppression hearing as to Mamdouh Mahmud Salim set at 9:30 a.m. 9/12/00. (bw) [Entry date 08/08/00] 8/2/00 -- ORAL ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, Mamdouh Mahmud Salim, Ali Mohamed. ... Denying [212-2] motion B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so as to Mamdouh Mahmud Salim (12), denying [225-1] motion to sever the defendant's trial of certain co-defendants as to Ali Mohamed (13); and SET scheduling order deadlines: Response to suppression motions of defts El Hage and Ali Mohamed deadline set to 8/21/00 for U.S.A. ( Entered by Judge Leonard B. Sand ) (bw) [Entry date 08/08/00] 8/3/00 243 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 08/04/00] Docket as of February 22, 2002 10:23 pm Page 220 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/17/00 244 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (afo) [Entry date 08/17/00] 8/17/00 245 MEMORANDUM OPINION # 84378 as to Mamdouh Mahmud Salim, Wadih El Hage, Fazul Abdullah Mohammed, The severence motions filed by defendant's Salim, El Hage, and Mohamed are denied. The court will proceed with a single trial of all six defendants, before a single jury, on 1/3/01. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 08/18/00] 8/31/00 246 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 09/06/00] 9/7/00 247 LETTER addressed to Judge Sand from Attorney Paul J. McAllister, dated 9/6/00, filed by deft Mamdouh Mahmud Salim Re: Mr. McAllister writes in reply to the Government's response to Mr. Salim's motion to suppress the statements he (Mr. Salim) allegedly made to American and German authorities in Germany. (bw) [Entry date 09/08/00] 9/8/00 248 Filed Memo-Endorsement on letter addressed to Judge Sand from attorney David A. Ruhnke, dated 9/6/00, as to deft Khalfan Khamis Mohamed. Mr. Ruhnke writes to request that the date to file motions (addressed to the death-penalty aspects of this case) be extended by 14 days to 10/2/00; Judge endorsed - Extension granted. No applications for further extension will be entertained. ( Signed on 9/7/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 09/08/00] Docket as of February 22, 2002 10:23 pm Page 221 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 9/11/00 249 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... This Court has today granted an application on consent to adjourn certain pre-trial motions of defts Wadih el Hage and Ali Mohamed. The application for adjournment was granted subject to the following caveat applicable to all counsel. This Court has heretofore routinely granted applications for adjournments on consent. It has also granted virtually all applications by defts' counsel for additional support personnel and resources. We note, however, that only three full months remain before the date upon which this case is scheduled to go to trial: January 3, 2001. The Court's resolve to commence trial on that date is firm. Accordingly, regardless of consent, this Court will deny all applications for adjournment of previously scheduled filings and proceedings unless: (a) it is clear that the adjournment is necessitated by conditions totally beyond control of the parties -- including all U.S. Government agencies. (Applications for adjournments predicated on counsel's involvement in other cases are inappropriate as inconsistent with commitments counsel previously made to this Court); (b) it is clear that when an adjournment request is predicated on the fact that additional material has not yet been furnished by an entity not under the control of any party, that the proceedings sought to be adjourned cannot usefully go forward without the missing material, subject to being revisited at a later date.; If, in the opinion of the party seeking adjournment, granting of the adjournment may jeopardize or adversely impact on the trial starting date, the application for adjournment shall so state. Because of all of the circumstances attending this case, including especially the defts' conditions of confinement, this Court will treat all further applications as being made on the eve of trial. Copies of this Order are being sent to the U.S. Marshal and the Jury Administrator so that they may make appropriate plans. This Court appreciates the diligence, dedication and cooperation which all counsel have heretofore displayed and, the Court is confident, will continue to display in this litigation. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 09/12/00] [Edit date 09/12/00] 9/11/00 250 ORDER as to Mohamed Rashed Daoud Al-'Owhali, Ordered, that Mounir Khaddar is assigned to be full time interpreter for the dft. at the rate of $1,500 per week, nunc pro tunc to 8/30/00 when he actually commenced work, and that he submit voucher bi-weekly therefore or as directed by the CJA Clerk of the U.S.D.C. for the SDNY. This appointment shall expire on 12/31/00 unless renewed by order of this Court. ( Signed by Judge Leonard B. Sand ). (mb) Docket as of February 22, 2002 10:23 pm Page 222 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 09/12/00] 9/12/00 251 Filed Memo-Endorsement on letter dated 9/11/00 to Judge Sand signed by AUSA Kenneth M. Karas as to Wadih El Hage, Ali Mohamed, requesting a revision of the schedule related to the pending pre-trial motions of defendant Wadih el Hage and Ali Mohomed....Granted on consent but the see order issued this date. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 09/12/00] 9/15/00 252 ORDER as to Wadih El Hage, that Joseph Guastaferro is authorized to spend an additional one hundred and thirty (130) hours of time on this matter and necesaary expenses. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 09/18/00] 9/22/00 253 Defendant Khalfan Khamis Mohamed's Memorandum regarding Proposed Jury-Selection Procedures. (bw) [Entry date 09/25/00] 9/26/00 254 ORDER as to Wadih El Hage. For the reasons set forth in open court and to be set forth more fully in an Opinion to follow, the Motion of defendant Wadih el Hage, dated September 13, 2000, to quash grand jury subpoenas and for other relief, is denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 09/27/00] 9/26/00 -- Status conference as to Wadih El Hage held. Defendant El Hage present with attorney's Sam Schmidt and Joshua Dratel. AUSAs Patrick Fitzgerald, Ken Karas, Andrew McCarthy, Paul Butler, Michael Garcia present. Also present Paul McAllister, Frederick Cohn, Chalres Adler, James Roth, and David Stern Esqs. Hearing begun on defendant El Hage motion to quash Grand Jury Supeanoas and to delay grand jury's investigation, and concluded. Motion denied. Defendant continued detained. (mr) [Entry date 10/18/00] 9/27/00 265 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 10/13/00] Docket as of February 22, 2002 10:23 pm Page 223 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 9/28/00 -- Pre-Trial Conference as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary held. ..... Conference held as to issue of jury voire dire and Juror questionaires. AUSA Patrick Fitzgerald, Michael Garcia, Paul Butler, and AUSA Andrew McCarthy prsent. Arabic Interpreter Andre Coudouni. Jury Adminstrator Robert Rogers present. Deft Al-'Owhali present w/attys Frederick Cohn and Laura Gasiorowski. NO OTHER DEFT PRESENT. Attys' Anthony Ricco and Edward Wilford present for deft Odeh. Attys' Carl J. Herman and Sandra Babeock also present for deft Odeh. Attys' Sam Schmidt and Joshua Dratel for deft El Hage. Attys' Paul J. McAllister and Charles D. Adler present for deft Salim. Attys' James Roth and Lloyd Epstein present for deft Ali Mohamed. Attys' Jeremy Schneider, David Stern and David Rukhnke present for deft Khalfan Khamis Mohamed. Deft Al-'Owhali continued detained. ( Held before Judge Sand ) (bw) [Entry date 10/03/00] 9/28/00 255 Filed Court Exhibit A. (Excerpt from proceeding held September 28, 2000 ex parte on application of Sandra A. Babcock, Esq. to withdraw as counsel.). (rg) [Entry date 10/03/00] 10/2/00 307 Brief and Aooendix in support of Khalfan Mohamed's Motions regardingthe Death Penalty as to Khalfan Khamis Mohamed. (mr) [Entry date 11/21/00] 10/2/00 309 MOTION by Khalfan Khamis Mohamed to strike the Notice of Intention to Seek the Death Penalty., to strike the death -notice on the ground that only a grang jury may find or allege elements of capital murder., to strike from the death-notice certain of the government's non-statutory aggravating factors., to strike the non-statutory aggravating factors on the ground that congress may not delete to the Executive Branch the legislative finction of designating aggravting factors in a comprehensive death-penalty scheme., to strike the non-statutory aggravating factors without also providing for preportionality review. , to strike the death-notice because the relaxed evidentiary standards available to the government at a penalty-phase enders any penalty-findings unreliable., to strike the death penalty on the grounds that Congress, by removing "plain-error" from the scope of appellate reveiw permissable in a case where a verdict of death has been returned, has failed to provide for meaningful appellate review., for Bill of Particulars, to strike the death-notice in the ground that, by pursuing Mr. Mohamed's execution., and to strike the death-notice on the grounds that he death penalty. (mr) Docket as of February 22, 2002 10:23 pm Page 224 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 11/21/00] 10/3/00 260 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 10/05/00] 10/4/00 256 SEALED DOCUMENT as to Mohamed Sadeek Odeh (af) [Entry date 10/04/00] 10/4/00 257 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 10/04/00] 10/4/00 258 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 10/05/00] 10/4/00 264 SEALED DOCUMENT as to Wadih El Hage (af) [Entry date 10/13/00] 10/5/00 259 OPINION # 84657 as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... The Defendants are charged with numerous offenses arising out of their alleged participation in an international terrorist organization led by Defendant Usama Bin Laden and that organization's alleged involvement in the August 1998 bombings of the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Presently before the Court are Defendant El-Hage's motions (1) to quash any outstanding grand jury subpoenas issued to Farid Adlouni, Khadar Ibrahim, Khalil Zaidan, Mustafa Elnore and Moataz al-Hallak and (2) to suppress, or alternatively, to provide a copy of the grand jury testimony of Moataz al-Hallak. For the reasons set forth in this Opinion, Mr. El-Hage's motions are denied without prejudice to renewal. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 10/05/00] 10/5/00 261 SEALED DOCUMENT as to Mohamed Sadeek Odeh (af) [Entry date 10/05/00] Docket as of February 22, 2002 10:23 pm Page 225 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/10/00 262 SEALED DOCUMENT as to Mohamed Rashed Daoud Al-'Owhali (af) [Entry date 10/10/00] 10/10/00 263 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 10/10/00] 10/10/00 -- Status conference as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary held. All counel regarding viore dire matters and finalizing the proposed jury questionaire. No defendant's present. AUSAs Patrick Fitzgerald, Paul Butler, Michael Garcia and Andrew McCarthy present. Carl j. Herman, Esq. present for defendant Odeh. Frederick Cohn, Esq is for defendant Al-Owhali, Sam Schmidt and Joshua Dratel present El Hage. Paul McCallister and Charles Adler Esqs, present for defendant Salim, James Roth and Lloyd Epstein present for defendant Ali Mohomed. Jeremy Roth and Lloyd Epstein present. for defendant Ali Mohamed, Jeremy Schneider, David Stern and David Ruhke, Esqs present. fir defendant Khalfan Khamis Mohammed. Conference concluded. (mr) [Entry date 10/18/00] 10/16/00 266 TRANSCRIPT of record of proceedings before Judge Sand as to Wadih El Hage for dates of 8/24/00. (lf) [Entry date 10/16/00] 10/16/00 267 TRANSCRIPT of record of proceedings before Judge Sand as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Wadih El Hage, Ali Mohamed, Khalfan Khamis Mohamed for dates of 8/2/00. (lf) [Entry date 10/16/00] 10/16/00 268 TRANSCRIPT of record of proceedings before Judge Sand as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Wadih El Hage, Mamdouh Mahmud Salim, Ali Mohamed, Khalfan Khamis Mohamed for dates of 8/2/00. (lf) [Entry date 10/16/00] 10/16/00 269 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 10/16/00] 10/16/00 270 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 10/18/00] 10/18/00 271 SEALED DOCUMENT as to Usama Bin Laden (da) [Entry date 10/20/00] Docket as of February 22, 2002 10:23 pm Page 226 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/18/00 272 SEALED DOCUMENT as to Usama Bin Laden (da) [Entry date 10/20/00] 10/18/00 273 SEALED DOCUMENT as to Mohamed Sadeek Odeh (da) [Entry date 10/20/00] 10/18/00 -- Status conference as to Mamdouh Mahmud Salim held. Defendant Salim present with attorneys' Paul J. McAllister and Charles Adler. AUSA Ken Kavas and Michael Garcia, Arabic interpreters (Andre Codouni and Ariz N. Ismail). Suppression hearing begum on defendant's motion to supress statements allegedly made to American and German authorities in Germany. (mr) [Entry date 10/23/00] 10/18/00 278 SEALED DOCUMENT as to Usama Bin Laden (da) [Entry date 10/31/00] 10/18/00 279 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 10/31/00] 10/19/00 -- Status conference as to Mamdouh Mahmud Salim held. (mr) [Entry date 10/23/00] 10/20/00 274 Defendant's acknowledgment of rights regarding guilty plea by Ali Mohamed (rg) [Entry date 10/20/00] 10/20/00 -- Change of Plea Hearing as to Ali Mohamed held. Deft. Ali Mohamed present w/attys' James Roth and Lloyd Epstein. AUSA'S Patrick Fitgerald, Ken Karas, Paul Butler, Michael Garcia and Andrew McCarthy. Deft. Ali Mohamed withdraws his prior plea of not guilty and pleads guilty on each of counts 1,2,3,5 and 6 as charged. PSI ordered. Sentence July 23, 2001 at 9:30-Control date. Deft. cont'd detained. (rg) [Entry date 10/20/00] 10/20/00 -- Change of Not Guilty Plea to Guilty Plea by Ali Mohamed Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss (rg) [Entry date 10/20/00] Docket as of February 22, 2002 10:23 pm Page 227 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/20/00 -- PLEA entered by Ali Mohamed . Court accepts plea. Guilty: Ali Mohamed (13) count(s) 1ss, 2ss, 3ss, 5ss, 6ss (Terminated motions - terminating [237-1] motion in support of dft's. motion to suppress evidence seized pursuant to Foreign Intelligence Surveillance Act (FISA). as to Ali Mohamed (1), terminating [225-2] motion Granting counsel for the defendant a reasonable amount of time to make such additional motions as are predicated upon the government's response to and necessitated by the court decision on the instant motion. as to Ali Mohamed (13) ) (rg) [Entry date 10/20/00] 10/20/00 -- Court Orders pre-sentence investigation as to Ali Mohamed (rg) [Entry date 10/20/00] 10/20/00 -- Status conference as to Mamdouh Mahmud Salim held. Hearing continued and conlcuded. Post hearing memorandum by both sides on or before 11/3/00. Decision reserved at that time. Defent continued detained. (mr) [Entry date 10/23/00] [Edit date 10/24/00] 10/20/00 275 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 10/23/00] 10/23/00 276 SEALED DOCUMENT as to Ali Mohamed (afo) [Entry date 10/23/00] 10/23/00 277 SEALED DOCUMENT as to Khalfan Khamis Mohamed (af) [Entry date 10/26/00] 10/24/00 -- Change of Plea Hearing as to Wadih El Hage held. Defendant Wadih El Hage present with attorneys Sam Schmidt and Joshua Dratel. AUSAs Patrick Fitzgerald, Paul Butler, and Marcia Garcia present. Defendant withdrws his previous plea of not guilty and pleads guilt on counts 1,2,3,5,6, 287 thru 308 as charged. Court rejects plea. Plea not accepted. Defendant continued detained. (mr) [Entry date 10/25/00] [Edit date 01/09/01] 10/31/00 280 ORDER as to Mamdouh Mahmud Salim. The Court has received a Memorandum from Magistrate Judge Douglas F. Eaton to whom this Court referred some matters relating to Mamdouh Mahmud Salim's representation in this suit. In light of that Memorandum, no further action by this Court is necessary or appropriate. Application for appointment of new counsel is denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 11/01/00] 11/1/00 281 ORDER as to Mamdouh Mahmud Salim, Order and direct Warden Parks to permit Mr. Salim to telephone or write Mr.Tiger ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 11/02/00] Docket as of February 22, 2002 10:23 pm Page 228 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/1/00 285 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 11/03/00] 11/1/00 286 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 11/03/00] 11/1/00 287 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 11/03/00] 11/2/00 282 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/02/00] 11/2/00 283 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/02/00] 11/2/00 465 (S8) SUPERSEDING INFORMATION as to L'Houssiane Kherchtou (22) count(s) 1 (rg) [Entry date 03/08/01] 11/2/00 466 WAIVER OF INDICTMENT by L'Houssiane Kherchtou (rg) [Entry date 03/08/01] 11/2/00 -- First Appearance as to L'Houssiane Kherchtou held (rg) [Entry date 03/08/01] Docket as of February 22, 2002 10:23 pm Page 229 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/2/00 -- Arraignment as to L'Houssiane Kherchtou held L'Houssiane Kherchtou (22) count(s) 1 before Judge Leonard B. Sand. Deft. L'Houssiane Kherchtou present w/atty Thomas Dunn. AUSA Patrick Fitzgerald and Ken Karas. Deft. signs Waiver of Indictment. Deft. pleads guilty on count 1 of Superseding Information as charged. Court accepts plea. PSI not ordered at this time. Sentence July 23, 2001-a control date only. Deft. cont'd detained. (rg) [Entry date 03/08/01] 11/2/00 -- PLEA entered by L'Houssiane Kherchtou . Court accepts plea. Guilty: L'Houssiane Kherchtou (22) count(s) 1 (rg) [Entry date 03/08/01] 11/2/00 467 Defendant's acknowledgment of rights regarding guilty plea. by L'Houssiane Kherchtou (rg) [Entry date 03/08/01] 11/3/00 284 SEALED DOCUMENT as to Usama Bin Laden (af) [Entry date 11/03/00] 11/6/00 288 RESPONSE by U.S.A. re [212-1] motion A) An Order pursuant to Rule 12(b)(3) of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and directing a pre-trial hearing upon the motion as to Mamdouh Mahmud Salim (sl) [Entry date 11/06/00] 11/6/00 289 MEMORANDUM by Mamdouh Mahmud Salim in support of [212-1] motion A) An Order pursuant to Rule 12(b)(3) of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and directing a pre-trial hearing upon the motion (sl) [Entry date 11/08/00] 11/8/00 290 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/08/00] 11/9/00 291 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 11/09/00] 11/9/00 292 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 11/09/00] Docket as of February 22, 2002 10:23 pm Page 230 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/9/00 293 ORDER as to Mamdouh Mahmud Salim. It is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), all time running from 11/8/00 until 12/15/00, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public. ( Signed on 11/8/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 11/09/00] 11/9/00 294 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/13/00] 11/9/00 298 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 11/14/00] 11/9/00 -- Status conference as to Mamdouh Mahmud Salim held. On disposition sheet: AUSA - Michael Garcia; Proceeding - Assign of Counsel; Alan Haber appted as counsel for Mr. Salim. ( Held before Magistrate Judge Theodore H. Katz ) (bw) [Entry date 11/15/00] 11/9/00 -- CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mamdouh Mahmud Salim : Appointment of Attorney Allan P. Haber ( Signed by Magistrate Judge Theodore H. Katz ) (df) [Entry date 11/17/00] 11/9/00 312 REDACTED MEMORANDUM by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed in opposition to the motions of defendants Khamis Mohamed and Al-Owhali to decalre the Federal Death Penalty Act unconsitutional and to strike the Government's Death Penalty Notice. (mr) [Entry date 11/22/00] 11/13/00 295 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/13/00] Docket as of February 22, 2002 10:23 pm Page 231 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/13/00 296 ORDER as to Mamdouh Mahmud Salim. Because of the potential of being witnesses as set forth in the sealed court proceeding of November 8, 2000, the attorneys Paul J. McAllister, as well as Charles D. Adler and George Goltzer of Goltzer & Adler, are relieved from further representation of Mamdoh Mahmud Salim in this case and the trial of the defendant Salim is severed from that of the other defendants in this case. ( Signed on 11/9/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 11/13/00] 11/13/00 297 TRANSCRIPT of record of proceedings as to Mohamed Rashed Daoud Al-'Owhali for dates of 9/28/00 before Judge Sand. (sl) [Entry date 11/14/00] 11/13/00 299 MEMORANDUM by U.S.A. as to Mamdouh Mahmud Salim in opposition to Salim's Suppression Motion. (bw) [Entry date 11/14/00] 11/13/00 -- Pre-Trial Conference as to Usama Bin Laden held before Judge Sand. No deft present. AUSA Patrick Fitzgerald present. Frederick Cohen. & David Barigh Esq present and concluded. (sl) [Entry date 11/15/00] 11/14/00 300 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/14/00] 11/15/00 301 ORDER as to Wadih El Hage. It is hereby ORDERED, that the Warden of the Metropolitan Correctional Center, or whoever shall have the supervision and control of the deft, shall provide a suitable place for the administration of such an examination, such place to consist of a private room without distractions or noise, a small table and chairs in a non contact manner. If deft is unable or unwilling to participate in the examination, the Warden of the Metropolitan Correctional Center, or whoever shall have the supervision and control of the deft, shall allow Dr. Barrill an opportunity to observe Mr. El-Hage for at least 30 minutes. ( Signed on 11/14/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 11/15/00] Docket as of February 22, 2002 10:23 pm Page 232 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/15/00 302 ORDER as to Wadih El Hage. WHEREAS, Sam A. Schmidt, Esq., having been assigned to represent Wadih El Hage, pursuant to the Criminal Justice Act; WHEREAS, it is necessary for the defense to retain the services of Dr. N.G. Berrill of the New York Center for Neuropsychology and Forensic Sciences 26 Court Street, Ste 900 Brooklyn, NY 11242 to assist in the defense; IT IS HEREBY ORDERED that Dr. Berrill is authorized to receive up to $1500 for his services. ( Signed on 11/14/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 11/15/00] 11/15/00 303 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/15/00] 11/16/00 304 ORDER as to Mohamed Rashed Daoud Al-'Owhali. Upon oral motion by Mohammed Al-'Owhali, through undersigned counsel, for leave to bring into the MCC, Ten South, a camera for purposes of preserving evidence, this Court, for good cause shown, hereby grants and orders leave for counsel David P. Baugh to bring into MCC, at 2:30 p.m., this 15th day of November, 2000, a flash camera to photograph evidence. The MCC, through the Warden or other such authority, shall accommodate counsel's need for contact with his client to photograph the evidence, by permitting counsel and defendant a visit in a suitably secure area with appropriate precautions, permitting an unobstructed camera view. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 11/16/00] 11/16/00 -- Pre-Trial Conference as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh held. Defendant Khalfan Khamis Mohamed waives his appearence and Defendant El Hage not present. Defendant Al Owhali present witha ttorneys Frederick H. Cohn, Laura Gasiorowski and David P. Baugh. Defendant Mohamed Sadeek Odeh present with attorneys Carl J. Herman and Anthony L. Ricco, Esq. Arabic interpreter Andre Codouni, dealing with issues of AUSAs Patrick Fitzgerald and Paul Butler security and Jury Questionaires and viore dired. Bot defendants detained. (mr) [Entry date 11/27/00] 11/20/00 305 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/21/00] Docket as of February 22, 2002 10:23 pm Page 233 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/20/00 306 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/21/00] 11/21/00 308 Reply brief in support of Khalfan Khamis Mohamed's Motions regarding the Death Penalty as to Khalfan Khamis Mohamed. (mr) [Entry date 11/21/00] 11/21/00 310 MEMORANDUM by Khalfan Khamis Mohamed in support of [309-1] motion to strike the Notice of Intention to Seek the Death Penalty., [309-2] motion to strike the death -notice on the ground that only a grang jury may find or allege elements of capital murder., [309-3] motion to strike from the death-notice certain of the government's non-statutory aggravating factors., [309-4] motion to strike the non-statutory aggravating factors on the ground that congress may not delete to the Executive Branch the legislative finction of designating aggravting factors in a comprehensive death-penalty scheme., [309-5] motion to strike the non-statutory aggravating factors without also providing for preportionality review., [309-6] motion to strike the death-notice because the relaxed evidentiary standards available to the government at a penalty-phase enders any penalty-findings unreliable., [309-7] motion to strike the death penalty on the grounds that Congress, by removing "plain-error" from the scope of appellate reveiw permissable in a case where a verdict of death has been returned, has failed to provide for meaningful appellate review., [309-8] motion for Bill of Particulars, [309-9] motion to strike the death-notice in the ground that, by pursuing Mr. Mohamed's execution., [309-10] motion to strike the death-notice on the grounds that he death penalty., [309-11] motion, [309-12] motion (mr) [Entry date 11/21/00] 11/21/00 313 MEMORANDUM by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary in opposition to defendant's severence motions. (mr) [Entry date 11/22/00] 11/21/00 314 Survey of the Federal Death Penalty System (1988-2000). (mr) [Entry date 11/22/00] Docket as of February 22, 2002 10:23 pm Page 234 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/21/00 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. AUSA Patrick Fitzgerald and Paul Butler present. Attornys Fred Cohn and Laura Gasiowski present and attorney David Baugh by telephone - for defendant Al'Owhali. Defendant not present. Also present Dominique Raia, attorney for MCC and Warden Parks of MCC. (mr) [Entry date 11/27/00] 11/22/00 311 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/22/00] 11/22/00 315 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 11/22/00] 11/22/00 316 ORDER as to Wadih El Hage, that the defendant Wadih el Hage undergo a psychiatric examination by Dr. Eric Goldsmith, and a psychologist to be retained by Dr. Goldsmith, pursuant to 18 USC 4241(a) and (b) in order to determine whether he is presently suffering a mental disease or defect that renders him mentally incompetent tothe extent that he is unable to understand the nature and consequences of the proceedings against him or incapable of assisting properly in his own defense., that Dr. eric Goldsmith, and the psychologist o be retained by Dr. Goldsmith, be granted access to Mr. el Hage at the Manhattan Correctional Center as frequently as reasonably necessary to complete their examination of Mr. el Hage., and that a report of the psychiatrist examination be filed promptly with the Honorable Leonard B. Sand, U.S.D.C. for the S.D.N.Y., pursuant to 18USC4247, with copies to be provided to the office of the United States Attorney for the Southern District of New York, and Sam Schmidt, esq, counsel for Wadih el hage. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 11/27/00] Docket as of February 22, 2002 10:23 pm Page 235 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/22/00 317 ORDER as to Wadih El Hage, that the defendant Wadih el hage undergo a psychiatric examination by Dr. Stuart B. Klienman, and a psychologist to be retained by Dr. Kleinman, and a psychologist to be retained by Dr. Kleinman, pursuant to 18 USC 4241 (a) and (b) in order to determine whether he is presently suffering from a mental disease that renders him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceeding against him or incable of assisting properly in his own defense., that Dr. Stuart B. Kleinman, and the psychologist to be retained by Dr. Kleinman, be granted access to Mr. el Hage at the Manhatten Correctional Center as frequently as reasonably necessary to complete their examination of Mr. el Hage., and that a report of the psychiatric examination be filed promptly with the Honorable Leanard B. Sand, USDC for the SDNY, pursuant to 18 USC 4247, with copiues to be provided to the office of the United States Attorney for the Southern District of New York and San Schmidt, Esq., counsel for Wadih el Hage. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 11/27/00] 11/22/00 320 SEALED DOCUMENT as to Usama Bin Laden (da) [Entry date 11/29/00] 11/22/00 321 SEALED DOCUMENT as to Ali Mohamed (da) [Entry date 11/29/00] 11/22/00 322 SEALED DOCUMENT as to Mamdouh Mahmud Salim (da) [Entry date 11/29/00] 11/22/00 323 SEALED DOCUMENT as to Wadih El Hage (da) [Entry date 11/29/00] 11/22/00 324 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 11/29/00] 11/22/00 325 SEALED DOCUMENT as to Wadih El Hage (da) [Entry date 11/29/00] 11/22/00 326 SEALED DOCUMENT as to Usama Bin Laden (da) [Entry date 11/29/00] Docket as of February 22, 2002 10:23 pm Page 236 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/27/00 318 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, of protection. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 11/27/00] 11/27/00 328 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/29/00] 11/27/00 329 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 11/29/00] 11/28/00 319 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 11/28/00] 11/29/00 327 Filed Memo-Endorsement on letter addressed to Judge Sand from Allan P. Haber, Esq. counsel for Mamdouh Mahmud Salim, dated 11/22/00. Re: Request that I be placed on the approved list for transcripts and that I be allowed to received them in minuscript rather that full page. Application granted. ( Signed by Judge Leonard B. Sand ). (mb) [Entry date 11/29/00] [Edit date 11/29/00] 11/29/00 330 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 11/30/00] Docket as of February 22, 2002 10:23 pm Page 237 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/29/00 -- Pre-Trial Conference as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Wadih El Hage, Khalfan Khamis Mohamed held. ... AUSA Patrick Fitzgerald, Ken Karas, Michael Garcia and Paul Butler. Arabic Interpreter Andre Codouni present. Deft Al-'Owhali present w/attys Fred Cohn, Laura Gasiorowski and David P. Baugh. NO OTHER DEFT PRESENT. Attys Carl J. Herman, Anthony Ricco and Edward Wilford present for deft Odeh. Attys Sam Schmidt and Joshua Dratel for deft El Hage. Attys David Ruhnke, David Stein and Jeremy Schneider present for deft Khalfan Khamis Mohamed - on issues of jury questionaires and courtroom security. Parties submit new draft of questionairre before 12/6 meeting. Further conference on jury questionaire on 12/6/00 10 a.m. Deft Al-'Owhali continued detained. ( Held before Judge Sand ) (bw) [Entry date 12/05/00] 11/29/00 -- Pre-Trial Conference as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Wadih El Hage, Khalfan Khamis Mohamed set at 10:00 a.m. 12/6/00. (bw) [Entry date 12/05/00] 12/4/00 331 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 12/04/00] 12/5/00 332 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 12/05/00] 12/5/00 333 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 12/05/00] 12/5/00 334 TRANSCRIPT of record of proceedings before Judge Sand as to Mamdouh Mahmud Salim for date of October 20, 2000. (bw) [Entry date 12/05/00] 12/5/00 335 TRANSCRIPT of record of proceedings before Judge Sand as to Mamdouh Mahmud Salim for date of October 19, 2000. (bw) Docket as of February 22, 2002 10:23 pm Page 238 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 12/05/00] 12/5/00 336 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil for dates of 10/10/00. (db) [Entry date 12/05/00] 12/5/00 337 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary for dates of 10/24/00. (db) [Entry date 12/05/00] 12/5/00 338 TRANSCRIPT of record of proceedings as to Ali Mohamed for dates of 10/20/00 before Judge Sand. (mb) [Entry date 12/06/00] 12/5/00 340 AFFIRMATION OF ATTORNEY in support ofobtaining expert services. by Mamdouh Mahmud Salim (sl) [Entry date 12/06/00] 12/6/00 339 ORDER as to Mamdouh Mahmud Salim. WHEREAS, Paul J. McAllister, Esq. has been assigned to represent Mr. Mamdouh Salim pursuant to the Criminal Justice Act; WHEREAS, it is necessary for Paul J. McAllister to retain one or more translators in this case because of the extraordinary nature of the charges against Mr. Salim; IT IS HEREBY ORDERED that Paul J. McAllister may retain the following translator at the hourly rate of $75.00. Ms. Maya Hess, Hess Translations, Inc., 477 West 22nd Street, New York, New York 10011 (212)675-0451; IT IS FURTHER ORDERED that the above named translator shall be permitted to file interim vouchers for his services; IT IS FURTHER ORDERED that the CJA Clerk shall prepare voucher(s) for the above named translator. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 12/06/00] 12/6/00 -- Pre-Trial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. AUSAs Patrick Fitzgerald, Ken Kavas, Andrew McCarthy, Paul Butler present. Attys Sam Schmidt, Joshua Dratel present for deft El Hage. Attys Anthony Ricco, Edward Wilford present for deft Odeh. Attys David Baugh and Laura Gasicrowski present for deft Al-'Owhali. Attys Jeremy Schneider and David Ruhnke present for deft K.K. Mohamed. Conference held. No deft present. Continued discussions on finalizing the proposed jury questionaire. Conference adjourned to 12/11/00 at 11 a.m. ( Held before Judge Sand ) (bw) [Entry date 12/14/00] Docket as of February 22, 2002 10:23 pm Page 239 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/6/00 -- Pre-Trial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed set at 11:00 a.m. 12/11/00. (bw) [Entry date 12/14/00] 12/6/00 386 SEALED DOCUMENT as to Usama Bin Laden (da) [Entry date 12/28/00] 12/6/00 387 SEALED DOCUMENT as to Usama Bin Laden (da) [Entry date 12/28/00] 12/6/00 388 SEALED DOCUMENT as to Khalfan Khamis Mohamed (da) [Entry date 12/28/00] 12/8/00 341 ORDER as to Mohamed Rashed Daoud Al-'Owhali, A motion and supporting brief by Defendant Mohamed Rashed Daoud al-'Owhali for courtroom closure during a suppression hearing having been filed under seal and docketed on Tuesday, December 5, 2000, the Court hereby schedules a hearing on the closure motion for 10:00 a.m. on Monday, December 11, 2000, in Courtroom 318 at the 40 Foley Square Courthouse. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 12/08/00] 12/8/00 342 LETTER addressed to Judge Sand from AUSA Paul W. Butler, dated 11/28/00, filed by U.S.A. as to defts Khalfan Khamis Mohamed, Mohamed Rashed Daoud Al-'Owhali Re: submitted in response to the discovery requests made in the Reply Brief in Support of Khalfan Khamis Mohamed's Motions Regarding the Death Penalty. The Gov't relies on its prior Memorandum of Law in Response to the Motions of Defendants Khamis Mohamed and Al-'Owhali to Declare the Federal Death Penalty Act Unconstitutional and to Strike the Government's Death Penalty Notice in response to the arguments to strike aggravating factors from the Govt's death notice set forth in the Reply Memorandum of Law in Support of Defendant Mohammed Al-'Owhali's Death Penalty Motion. (bw) [Entry date 12/11/00] Docket as of February 22, 2002 10:23 pm Page 240 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/11/00 343 ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, that upon the daily arrival of the jurors at designated locations away from the courthouse, they will be kept in the custody of the United States Marshal for the Southern District of New York until after the close of court each day, as further directed herein, and upon the close of court each day the juror will be transported to designated locations away from the courthouse, and the United States Marshal will make all appropriate arrangements for the transportation of the jurors as aforesaid., that no Deputy Marshal in attendance with the jury will converse with the jurors except as may be necessary in carryiong out the obligations imposed by this Order and in no event will any Deputy Marshal, while in the presence of any juror, comment in any way whatsoever upon the issues in this case, the defendants, their counsel, the government, or the witnesses., that any communications with the court by the jury or any individual juror shall be made in writing and that writing shall be placed in a sealed envelope and shall be promptly delivered to the Court by a Deputy Marshal., that during the day of the Marshal shall provide reading materials, refreshments and muncheon for the juror so empaneled. , and that this Order is effective as of 1/3/01 and may be altered or amended at any time by the direction of the Court. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 12/11/00] 12/11/00 344 MEMORANDUM OPINION # 84909 as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Denying defendant's motion to dismiss the Government's death penalty notices, and in the alternative, to compel discovery relating to the Government's capital-approval practices. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 12/12/00] 12/11/00 -- Pre-Trial Conference as to Mohamed Rashed Daoud Al-'Owhali held. (10:00 a.m.) Deft Mohamed Rashed Daoud Al-'Owhali not present. His attys Frederick H. Cohn, Laura Gasiorowski and David P. Baugh. AUSAs Patrick Fitzgerald, Ken Karas, Paul Butler, Andrew McCarthy present. Oral argument on deft's motion to close courtroom for Suppression Hearing. Motion for closure denied. Hearing commences 12/12/00 at 10:00 a.m. ( Held before Judge Sand ) (bw) [Entry date 12/14/00] [Edit date 12/14/00] Docket as of February 22, 2002 10:23 pm Page 241 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/11/00 -- Pre-Trial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Khalfan Khamis Mohamed held. (10:15) Conference held. No deft present. Attys Sam Schmidt, Joshua Dratel present for deft El-Hage; Attys Edward Wilford, Carl J. Herman present for deft Odeh; Atty Jeremy Schneider present for deft Khalfan Khamis Mohamed. Jury questionairres are finalized. Conference concluded. ( Held before Judge Sand ) (bw) [Entry date 12/14/00] 12/12/00 345 ORDER, Joe Guastaferro may submit a final interim voucher at this time and may submit another voucher at the conclusion of his service ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 12/12/00] 12/12/00 346 ORDER as to Wadih El Hage, Dr. Berrill is authorized to receive an additional $150/hr for ten hours. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 12/12/00] 12/12/00 -- Evidentiary Hearing as to Mohamed Rashed Daoud Al-'Owhali held. Evidentiary Hearing begun on deft Mohamed Rashed Daoud Al-'Owhali motion to suppress. AUSAs Paul Butler, Andrew McCarthy, Patrick Fitzgerald present. Deft Al-'Owhali present w/attys Fred Cohn, Laura Gasiorowski and David P. Baugh. Arabic interpreters Andre J. Coudouni and Aziz Ismail. ( Held before Judge Sand ) (bw) [Entry date 12/15/00] 12/14/00 -- Evidentiary Hearing as to Mohamed Rashed Daoud Al-'Owhali held. Hearing continued and concluded - Decision reserved. ( Held before Judge Sand ) (bw) [Entry date 12/15/00] 12/15/00 347 AFFIRMATION of AUSA Michael J. Garcia by U.S.A. as to Mamdouh Mahmud Salim Re: in support of an application for an Order excluding the time within which trial must commence, pursuant to Title 18, U.S.C., Section 3161(h)(8)(A). (bw) [Entry date 12/15/00] 12/15/00 348 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 12/15/00] 12/15/00 349 ORDER as to Ali Mohamed, Time excluded from 12/15/00 until 12/22/00 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 12/18/00] Docket as of February 22, 2002 10:23 pm Page 242 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/18/00 350 LETTER addressed to Judge Sand from AUSA Kenneth M. Karas, dated 7/31/00, filed by U.S.A. as to defts Wadih El Hage, Mamdouh Mahmud Salim, Ali Mohamed Re: submitted in further response to the severance motions submitted by the above defts. (bw) [Entry date 12/19/00] 12/18/00 351 LETTER addressed to Judge Sand from AUSA Kenneth M. Karas, dated 12/7/00, filed by U.S.A. as to deft Mohamed Rashed Daoud Al-'Owhali Re: submitted in response to the motion of deft Al-'Owhali to seal the suppression hearing, which is scheduled to begin on 12/12/00. (bw) [Entry date 12/19/00] 12/18/00 352 LETTER addressed to Judge Sand from AUSA Andrew C. McCarthy, dated 12/11/00, filed by U.S.A. as to deft Mohamed Rashed Daoud Al-'Owhali Re: submitted to address the application of the Fifth Amendment to the issues raised by deft Al-Owhali's suppression motion, which is scheduled for a hearing on 12/12/00. (bw) [Entry date 12/19/00] 12/18/00 353 REPLY MEMORANDUM OF LAW by Wadih El Hage in support of his Pre-Trial Motion for Severance. (bw) [Entry date 12/19/00] 12/18/00 354 Exhibits to Declaration of Lloyd Epstein, Esq. in support of defendant Ali Mohamed's Motion to Suppress Evidence Seized pursuant to the Foreign Intelligence Surveillance Act ("FISA"). (bw) [Entry date 12/19/00] 12/18/00 355 LETTER filed as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary From Joshua L. Dratel, Dated 11/17/00, Addressed to: Judge Sand Re: reply to government's surreply (mr) [Entry date 12/19/00] 12/18/00 356 LETTER filed as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary From Joshua L. Dratel, Dated 11/20/00, Addressed to: Judge Sand Re: error in his 11/17/00 letter. (mr) [Entry date 12/19/00] 12/18/00 357 REPLY MEMORANDUM by Mohamed Rashed Daoud Al-'Owhali in support of defendant's Mohammed Al-Owhali's death penalty motion. (mr) [Entry date 12/19/00] 12/18/00 358 REPLY MEMORANDUM by Ali Mohamed in support of motion to suppress evidence seized pursuant to the Foreign intelligence surveillance act. (mr) [Entry date 12/19/00] Docket as of February 22, 2002 10:23 pm Page 243 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/18/00 367 Memorandum of Law by U.S.A. in response to as to Wadih El Hage, Ali Mohamed motions to suppress evidence derived from electronics surveillance and physical evidence searches authorized under the Foreign Intelligence Surveillance Act. (mb) [Entry date 12/20/00] 12/18/00 368 Memorandum of Law by U.S.A. as to Wadih El Hage in opposition to dft's. motion to quash grand jury subpoenas, to compel production of grand jury proceedings, and to delay the grand jury's investigation. (mb) [Entry date 12/20/00] 12/18/00 369 AFFIRMATION (REDACTED) by U.S.A. as to Wadih El Hage, Mamdouh Mahmud Salim, Ali Mohamed Re: [212-2] motion B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so, [0-0] modifier count (mb) [Entry date 12/20/00] 12/18/00 373 MOTION by Ali Mohamed for the following relief: 1) For an order suppressing certain physical evidence and any evidence derived therefrom as having been obtained in violation of the deft's rights under 50 USC Sec.1821-26; and 2) For an order suppressing the fruit of certain electronic surveillance, including wiretap evidence as having been obtained in violation of the deft's rights under 50 USC Sec.1801-06; and 3) For an order compelling the gov't to disclose to the defense copies of following (see doc); and 4) For an order compelling the gov't to disclose to the defense copies of the following (see doc); and 5) For an order granting a hearing on the above motions to permit the court to make findings of fact necessary to a determination of the instant motions; and 6) For an order granting counsel for the deft a reasonable amount of time to make such additional motions as are predicated upon the U.S. Attorney's response to and necessitated by the Court's decision on the instant motions. Return date 6/15/00. [ Motion dated 6/15/00 ] (bw) [Entry date 12/20/00] [Edit date 12/20/00] 12/18/00 -- Filed Memo-Endorsement on 'Motion In Support of Defendant Ali Mohamed's Motion To Suppress Evidence Seized Pursuant to FISA'(doc.#373) as to Ali Mohamed. JUDGE ENDORSED - Mohamed motion moot in light of guilty plea. ( Signed on 10/24/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 12/20/00] Docket as of February 22, 2002 10:23 pm Page 244 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/19/00 359 LETTER filed by U.S.A. as to Khalfan Khamis Mohamed From Paul W. Butler, Dated 11/28/00, Addressed to: Judge Sand Re: response to the discovery requests made in the Reply Brief in Support of Khalfan Khamis Motions regarding the Death Penalty. (mr) [Entry date 12/19/00] 12/19/00 360 REPLY MEMORANDUM by Wadih El Hage in support of motions to suppress certain evidence, to dismiss the indictment and other releif. (mr) [Entry date 12/19/00] 12/19/00 361 REDACTED MEMORANDUM by Wadih El Hage in support of motion to suppress certain evidence to dismiss the indictment,for severance, and for other relief. (mr) [Entry date 12/19/00] 12/19/00 362 MEMORANDUM by U.S.A. as to Wadih El Hage in opposition to motion to suppress information obtained during foreign intelligence operations in Kenya. (mr) [Entry date 12/19/00] 12/19/00 363 AFFIDAVIT signed by Daniel Coleman as to Wadih El Hage Re: motion for dismissal. (mr) [Entry date 12/19/00] 12/19/00 364 MEMORANDUM OF LAW by Ali Mohamed in support of his motion to suppress evidence seized and derived pursuant to the Foreign Intelligence Surveillance Act ("FISA"). (bw) [Entry date 12/19/00] 12/19/00 365 [REDACTED] Numbered Exhibits to the June 20, 2000 Declaration of Sam A. Schmidt, Esq. in support of defendant Wadih El Hage's Pre-Trial Motion to Suppress Certain Evidence, To Dismiss the Indictment, For Severance, and For other relief. (bw) [Entry date 12/19/00] 12/19/00 366 MEMORANDUM OF LAW by U.S.A. in response to Wadih El Hage's motions to (1) Suppress evidence seized during a search at JFK Airport; (2) Suppress statements made to US Government officials in Kenya; (3) Disqualify an Assistant United States Attorney; (4) Impose sanctions for destruction of evidence; and (5) Dismiss the Indictment for alleged outrageous government conduct. (bw) [Entry date 12/19/00] 12/19/00 370 Affidavit by U.S.A. as to Wadih El Hage Re: In connection with the Government's response to the motion by dft. El Hage for dismissal of the Indictment. (mb) [Entry date 12/20/00] 12/19/00 371 LETTER filed as to Khalfan Khamis Mohamed From David A. Ruhnke, Dated 12/4/00, Addressed to: Judge Sand Re: In response to AUSA Burler's letter to the court of November 28 concerning the discovery requests set forth in the reply brief filed on behalf of Mr. Mohamed on 11/20/00. (mb) [Entry date 12/20/00] Docket as of February 22, 2002 10:23 pm Page 245 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/19/00 372 LETTER filed as to Wadih El Hage From Kenneth Karas, AUSA, Dated 11/1/00, Addressed to: Judge Sand Re: The government letter in further response to the suppression motion submitted by dft. Hage relating to foreign intelligence operatioons overseas. (mb) [Entry date 12/20/00] 12/19/00 374 Filed Memo-Endorsement on '[Redacted Original] Notice of Motion in Support of Defendant Wadih El-Hage's Pre-Trial Motions To Suppress Evidence, For Dismissal, For Severance And For Other Relief' (motion dated 6/23/00) as to Wadih El Hage. JUDGE ENDORSED - Motion denied. ( Signed on 12/18/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 12/20/00] 12/19/00 375 OPINION # 84939 as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... The Defendants are charged with numerous offenses arising out of their alleged participation in an international terrorist organization led by Defendant Usama Bin Laden and that organization's alleged involvement in the August 1998 bombings of the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Presently before the Court are Defendant El-Hage's motions which seek the following: suppression of evidence seized from the search of his residence in Nairobi, Kenya in August 1997 and suppression of evidence obtained from electronic surveillance, conducted from August 1996 to August 1997, of four telephone lines in Nairobi, Kenya. CONCLUSION: For the foregoing reasons, El-Hage's motion to suppress evidence from the physical search of his Kenya residence and electronic surveillance is denied without a hearing. ( Signed on 12/5/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 12/20/00] 12/19/00 376 ORDER as to Wadih El Hage, that the MCC shall provide a suitable place for the psychological consultation, such place to consist of a private room without distractions or noise. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 12/20/00] 12/19/00 377 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 12/20/00] Docket as of February 22, 2002 10:23 pm Page 246 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/19/00 378 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 12/20/00] 12/19/00 379 LETTER addressed to Judge Sand from AUSA Paul W. Butler, dated 12/5/00, filed by U.S.A. as to deft Mohamed Rashed Daoud Al-'Owhali Re: submitted in response to the motion submitted by deft Al-'Owhali to suppress statements he made to American and Kenyan law enforcement officials while in Kenyan custody. (bw) [Entry date 12/20/00] Docket as of February 22, 2002 10:23 pm Page 247 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/20/00 380 (S9) SUPERSEDING INDICTMENT (Part 1) as to Wadih El Hage (1) count(s) 1ssssssss, 2ssssssss, 3ssssssss, 5ssssssss, 6ssssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss, Fazul Abdullah Mohammed (2) count(s) 1sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-279sssssss, 280sssssss-282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, Mohamed Sadeek Odeh (3) count(s) 1sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-279sssssss, 280sssssss-282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-279sssssss, 280sssssss-282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, Usama Bin Laden (5) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-279ssssss, 280ssssss-282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Muhammad Atef (6) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-279ssssss, 280ssssss-282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, Mustafa Mohamed Fadhil (7) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 276sssss, 277sssss-279sssss, 280sssss-282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Khalfan Khamis Mohamed (8) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 8sssss, 10sssss, 224sssss-234sssss, 277sssss-279sssss, 283sssss, 284sssss, 286sssss, Ahmed Khalfan Ghailani (9) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss-279sssss, 280sssss-282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Fahid Mohammed Msalam (10) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss-279sssss, 280sssss-282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Sheikh Ahmed Salim Swedan (11) count(s) 1sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss, 8sssss, 9sssss, 10sssss, 11sssss-223sssss, 224sssss-234sssss, 235sssss-275sssss, 276sssss, 277sssss-279sssss, 280sssss-282sssss, 283sssss, 284sssss, 285sssss, 286sssss, Mamdouh Mahmud Salim (12) count(s) 1ssss, 3ssss, 5ssss, 6ssss, 309ssss, 310ssss, 311ssss, 312ssss, 313ssss-314ssss, 315ssss, 316ssss, 317ssss-319ssss, Ali Mohamed (13) count(s) 1sss, 3sss, 5sss, 6sss, Ayman Al Docket as of February 22, 2002 10:23 pm Page 248 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR Zawahiri (14) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, 7ss, 8ss, 9ss, 10ss, 11ss-223ss, 224ss-234ss, 235ss-275ss, 276ss, 277ss-279ss, 280ss-282ss, 283ss, 284ss, 285ss, 286ss, Khaled Al Fawwaz (15) count(s) 1ss, 3ss, 5ss, 6ss, Ibrahim Eidarous (16) count(s) 1s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s-223s, 224s-234s, 235s-275s, 276s, 277s-279s, 280s-282s, 283s, 284s, 285s, 286s, Adel Abdel Bary (17) count(s) 1s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s-223s, 224s-234s, 235s-275s, 276s, 277s-279s, 280s-282s, 283s, 284s, 285s, 286s (dcap) [Entry date 01/10/01] [Edit date 01/10/01] 12/20/00 380 (S9) SUPERSEDING INDICTMENT (Part 2) as to Saif Al Adel (18) count(s) 1, 3, 5, 6, Abdullah Ahmed Abdullah (19) count(s) 1, 3, 4, 5, 6, 7, 8, 9, 10, 11-223, 224-234, 235-275, 276, 277-279, 280-282, 283, 284, 285, 286, Muhsin Musa Matwalli Atwah (20) count(s) 1, 3, 5, 6, Anas Al Liby (21) count(s) 1, 3, 5, 6. (dcap) [Entry date 01/10/01] 12/20/00 -- Arraignment as to Mamdouh Mahmud Salim (S9 98 Cr. 1023 -12) held: Mamdouh Mahmud Salim (12) count(s) 1ssss, 3ssss, 5ssss, 6ssss, 309ssss, 310ssss, 311ssss, 312ssss, 313ssss-314ssss, 315ssss, 316ssss, 317ssss-319ssss. ... Deft Mamdouh Mahmud Salim present w/atty Allan P. Haber, Esq. AUSA Daniel Himmelfarb, Michael Garcia and Paul Butler. Arabic Interpreter Andre Codouni. Deft is arraigned on Superseding (9) Indictment 98Cr.1023 and pleads not guilty on counts 1, 3, 5, 6, and 309 thru 319 as charged. Case is referred to Magistrate Judge Francis for random selection of a Judge on (S9)98Cr.1023. Allan Haber, Esq. application to be relieved as counsel be referred to Mag. Judge Francis. Gov't submit order excluding time thru 1/29/01. Deft continued remanded. Trial on (S7)98Cr.1023 will proceed 1/3/01 with all 4 defts (El Hage, Al 'Owhali, Odeh and K.K. Mohamed) and to which deft Salim has been severed. ( Held before Judge Leonard B. Sand ) (bw) [Entry date 01/17/01] [Edit date 01/17/01] 12/20/00 -- PLEA entered by Mamdouh Mahmud Salim (S9 98 Cr. 1023 -12). Court accepts plea. Not Guilty: Mamdouh Mahmud Salim (12) count(s) 1ssss, 3ssss, 5ssss, 6ssss, 309ssss, 310ssss, 311ssss, 312ssss, 313ssss-314ssss, 315ssss, 316ssss, 317ssss-319ssss. (bw) [Entry date 01/17/01] 12/20/00 -- ORAL ORDER as to Wadih El Hage, Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh, Khalfan Khamis Mohamed. SET Jury trial on (S7)98Cr.1023 for 1/3/01. ( Entered by Judge Leonard B. Sand ) (bw) [Entry date 01/17/01] 12/21/00 407 ORDER as to Wadih El Hage, that Dr. Berrill is authorized to receive $125/HR for 20 hours per week. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 12/22/00] [Edit date 02/21/02] Docket as of February 22, 2002 10:23 pm Page 249 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/21/00 383 MEMORANDUM OF LAW by Mohamed Rashed Daoud Al-'Owhali Re: suppressing statements made by deft Al-'Owhali (bw) [Entry date 12/26/00] [Edit date 01/17/01] 12/22/00 381 ORDER as to Mamdouh Mahmud Salim, On Wednesday, 12/20/00, a portionof an indictment was wheeled out to this court: Counts 309 to 319 of indictment number S(9) 98cr1023(LBS). This is an unworkable format: orders entered byu Judge Sand on his indictment will necessarily affect those counts wheeled out to this Court. Accordingly, those ten counts of the indcitment shall be separated and segregated into its own indictment before this Court. Should a Grand Jury return said indictment, this Court shall retain jurisdiction. ( Signed by Judge Deborah A. Batts ); Copies mailed. (mr) [Entry date 12/26/00] [Edit date 01/18/01] 12/22/00 382 ORDER as to Mamdouh Mahmud Salim, Time is excluded from 12/20/00 to 1/29/01 pursuant to the Speedy Trial Act and to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) [Entry date 12/26/00] 12/22/00 -- CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mamdouh Mahmud Salim : Appointment of Attorney Richard B. Lind ( Signed by Judge Deborah A. Batts ) (mh) [Entry date 01/03/01] 12/26/00 384 ORDER as to Mamdouh Mahmud Salim, Accordingly, the Court hereby appoints Richard Lind, esq. to represent dft. Salim on counts 309 to 319. Mr. lind shall meet with his client during the week of 1/8/01, and reset status conference for 4:30 1/18/01 for Mamdouh Mahmud Salim ( Signed by Judge Leonard B. Sand ). (mb) [Entry date 12/27/00] 12/26/00 393 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (da) [Entry date 12/29/00] 12/27/00 385 Filed Memo-Endorsement on letter dated 12/26/00 to Judge Sand signed by AUSA Kenneth M. Karas as to Ali Mohamed, requesting that the exhibits to the affidavit of Lloyd Epstein, submitted in support of Ali Mohamed's motion to suppress the fruits of FISA electronic surveillance, be re-sealed pending further review....Reseal as requested. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 12/27/00] 12/27/00 391 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 12/28/00] Docket as of February 22, 2002 10:23 pm Page 250 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/27/00 392 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 12/28/00] 12/28/00 389 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Joseph F. Bianco, dated 12/26/00, as to deft Mamdouh Mahmud Salim. The Gov't requests that Mr. Bianco, as the "firewall" AUSA in this case, be given an opportunity to review the sealed transcript from the proceeding involving deft Mamdouh Mahmud Salim before Judge Douglas F. Eaton on 10/26/00. In particular, the review is being conducted to determine whether statements made during that proceeding could be used as evidence in connection with the prosecution of Salim now pending before Judge Deborah A. Batts in connection with the MCC prison assault on 11/1/00. Mr. Bianco stated that the review of that transcript will be conducted by him and will not be disclosed, without making a formal application to the Court, to the prosecution teams on either the case pending before Judge Batts and Judge Sand; JUDGE ENDORSED - Granted subject to strict compliance with last paragraph. So Ordered. ( Signed on 12/27/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 12/28/00] [Edit date 12/28/00] 12/28/00 390 ORDER as to Wadih El Hage. WHEREAS, Joshua L. Dratel, having been appointed to represent deft Wadih El-hage in the above-captioned case pursuant to the Criminal Justice Act; WHEREAS, Joshua L. Dratel has filed twelve previous interim vouchers for services rendered on this case and one-third of the fee has presently been withheld; WHEREAS, Joshua L. Dratel has the responsibility to pay employees, vendors, travel expenses incurred during investigations overseas while awaiting payment from vouchers; WHEREAS, Joshua L. Dratel has represented Mr. El-Hage in this case for sixteen months and will continue for perhaps another twelve months and it has become a hardship for Mr. Dratel to have one-third of the fee withheld; IT IS SO ORDERED that Joshua L. Dratel may submit a final interim voucher at this time and may submit another voucher at subsequent intervals not less than three months each. ( Signed on 12/26/00 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 12/28/00] 1/2/01 394 MOTION by Khalfan Khamis Mohamed for leave of court to file amended notice of intent to seek death penalty. (mr) [Entry date 01/02/01] Docket as of February 22, 2002 10:23 pm Page 251 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/2/01 -- Filed Memo-Endorsement on as to Khalfan Khamis Mohamed [309-1] motion to strike the Notice of Intention to Seek the Death Penalty. as to Khalfan Khamis Mohamed (8), [309-2] motion to strike the death -notice on the ground that only a grang jury may find or allege elements of capital murder. as to Khalfan Khamis Mohamed (8), [309-3] motion to strike from the death-notice certain of the government's non-statutory aggravating factors. as to Khalfan Khamis Mohamed (8), [309-4] motion to strike the non-statutory aggravating factors on the ground that congress may not delete to the Executive Branch the legislative finction of designating aggravting factors in a comprehensive death-penalty scheme. as to Khalfan Khamis Mohamed (8), [309-5] motion to strike the non-statutory aggravating factors without also providing for preportionality review. as to Khalfan Khamis Mohamed (8), [309-6] motion to strike the death-notice because the relaxed evidentiary standards available to the government at a penalty-phase enders any penalty-findings unreliable. as to Khalfan Khamis Mohamed (8), [309-7] motion to strike the death penalty on the grounds that Congress, by removing "plain-error" from the scope of appellate reveiw permissable in a case where a verdict of death has been returned, has failed to provide for meaningful appellate review. as to Khalfan Khamis Mohamed (8), [309-8] motion for Bill of Particulars as to Khalfan Khamis Mohamed (8), [309-9] motion to strike the death-notice in the ground that, by pursuing Mr. Mohamed's execution. as to Khalfan Khamis Mohamed (8), [309-10] motion to strike the death-notice on the grounds that he death penalty. as to Khalfan Khamis Mohamed (8), [309-11] motion as to Khalfan Khamis Mohamed (8), [309-12] motion as to Khalfan Khamis Mohamed (8), Is granted in part and denied in part. See opinion on this date 1/2/01. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 01/02/01] 1/2/01 395 Filed Memo-Endorsement on as to Khalfan Khamis Mohamed granting [394-1] motion for leave of court to file amended notice of intent to seek death penalty. as to Khalfan Khamis Mohamed (8), See opinion this date 1/2/01. So Ordered ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 01/02/01] Docket as of February 22, 2002 10:23 pm Page 252 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/2/01 396 MEMORANDUM OPINION # 84993 as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, as to both defendants, the non-statutory aggravating factor of "causing serious injury to surviving victims" be stricken from the government's geath penalty notices, and the non-statutory factor of "victim impact evidence" be amended to include any "injury, harm, and loss" suffered by victims and their families, whether the victims are deceased or surviving: (2) order that, as to both defendants, the non-statutory aggravating factor of "disruption to important governmental functions" be stricken from the government's death penalty notices; (3) order that, as to defendant Al-Owhali, the non-statutory aggravating factor of "Knowledge of simultaneous acts of terrorism" not be stricken from the government's death penalty notice at the present time: (4) order that the Government provide defendant's with a limited bill of particulars, as defined in Part V of this opinion; and (5) grant the Government's motion for leave to file and amended death penalty notice as to K.K. Mohamed. All of defendant's other applications are denied, except that defendants' remaining challenges to specific aggravating factors are denied without prejudice as set forth herein. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 01/02/01] 1/2/01 397 MEMORANDUM OPINION # 84997 as to Wadih El Hage denying [206-1] motion for discovery as to Wadih El Hage (1), denying [175-1] motion (1) for an Order for discovery that is necessary for the preparation of Mr. El-Hage's pretrial motions for (i) suppression of evidence seized; (ii) suppression of statements; (iii) suppression of electronic surveillance; (iv) severance; and/or (v) other relief as to Wadih El Hage (1), denying [175-2] motion 2) for an Order granting leave to join Mr. El-Hage's co-defts' motions to the extent they benefit him. as to Wadih El Hage (1) ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 01/03/01] 1/2/01 398 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 01/03/01] 1/2/01 399 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) Docket as of February 22, 2002 10:23 pm Page 253 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 01/03/01] 1/2/01 400 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 01/03/01] 1/2/01 401 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary (af) [Entry date 01/03/01] 1/2/01 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Conference held on issue of defts' objections to hardship determinations made by the Jury Administration and to the time periods during the trial day when defts' may pray. AUSA Paul Butler, Patrick Fitzgerald, Ken Karos. Deft. El Hage present w/atty' Anthony Ricco, Ed Wilford and Carl Herman. Deft. Al-Ouhali present w/atty's Fred Cohn, David Baugh and Laura Gasicrowski. Deft. K.K. Mohamed not present, his attys' David Ruhuke, David Stern and Jeremy Schneider present. Conference concluded. All (3) defts' cont'd remanded. Arabic Interpreter present (Andre Codovni). (rg) [Entry date 03/07/01] 1/3/01 402 Filed Memo-Endorsement on letter addressed to Judge Sand from David P.Baugh atty to Mohamed Rashed Daoud Al-'Owhali, dated 1/2/01As the court explained in open why ample opportunity will be accorded counsel to move the court pose requested inquiries to the panel. DENIED ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 01/04/01] Docket as of February 22, 2002 10:23 pm Page 254 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/3/01 -- Voir dire begun as to Wadih El Hage (1) count(s) 1ssssssss, 1sssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1-8, 2ssssssss, 2sssssss, 2ssssss, 3ssssssss, 3sssssss, 3ssssss, 4ssssss, 5ssssssss, 5sssssss, 5ssssss, 6ssssssss, 6sssssss, 6ssssss, 9-11, 228sssss-235sssss, 228ssss-235ssss, 228sss-235sss, 228ss-235ss, 228s-235s, 236sssss, 236ssss-238ssss, 236sss-238sss, 236ss-238ss, 236s-238s, 237sssss, 238sssss, 245ssssss-264ssssss, 265ssssss-267ssssss, 287ssssssss-305ssssssss, 287sssssss-305sssssss, 306ssssssss-308ssssssss, 306sssssss-308sssssss, Mohamed Sadeek Odeh (3) count(s) 1sssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3sssssss, 3ssssss, 3sssss, 3ssss, 3sss, 4sssssss, 4ssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s-227s, 4-227, 5sssssss, 5ssssss, 5sssss, 6sssssss, 6ssssss, 6sssss, 7sssssss, 7ssssss, 7sssss-8sssss, 8sssssss, 8ssssss, 9sssssss, 9ssssss, 9sssss-10sssss, 10sssssss, 10ssssss, 11sssssss-223sssssss, 11ssssss-223ssssss, 11sssss-233sssss, 217ssss-227ssss, 217sss-227sss, 217ss-227ss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235sssssss-275sssssss, 235ssssss-275ssssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, 276sssssss, 276ssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssss, 280sssssss-282sssssss, 280ssssss-281ssssss, 282ssssss, 283sssssss, 283ssssss, 284sssssss, 284ssssss, 285sssssss, 285ssssss, 286sssssss, 286ssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1sssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3sssssss, 3ssssss, 3sssss, 3ssss, 3sss, 4sssssss, 4ssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s-227s, 4-227, 5sssssss, 5ssssss, 5sssss, 6sssssss, 6ssssss, 6sssss, 7sssssss, 7ssssss, 7sssss-8sssss, 8sssssss, 8ssssss, 9sssssss, 9ssssss, 9sssss-10sssss, 10sssssss, 10ssssss, 11sssssss-223sssssss, 11ssssss-223ssssss, 11sssss-233sssss, 217ssss-227ssss, 217sss-227sss, 217ss-227ss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235sssssss-275sssssss, 235ssssss-275ssssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, 276sssssss, 276ssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssss, 280sssssss-282sssssss, 280ssssss-281ssssss, 282ssssss, 283sssssss, 283ssssss, 284sssssss, 284ssssss, 285sssssss, 285ssssss, 286sssssss, 286ssssss, Khalfan Khamis Mohamed (8) count(s) 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 3sssss, 3ssss, 3sss, 3ss, 3s, 3, 4sssss, 4ssss, 4sss, 5sssss, 5ssss, 5sss, 6sssss, 6ssss, 6sss, 7sss-8sss, 8sssss, 8ssss, 9sss-10sss, 10sssss, 10ssss, 11sss-233sss, 217ss-227ss, 217s-227s, 217-227, 224sssss-234sssss, 224ssss-234ssss, 234sss-235sss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, 277sssss-279sssss, 277ssss-278ssss, 279ssss, 283sssss, 283ssss, 284sssss, 284ssss, 286sssss, 286ssss Terminated Docket as of February 22, 2002 10:23 pm Page 255 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR motions: (rg) [Entry date 03/07/01] 1/3/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed begun. Deft. Odeh present w/atty Anthny Ricco, Edward Wilford, Carl Herman and Sandra Babcock, Esq. Deft. Al-Owahali present w/attys Frederick Cohn, David Baugh and Laura Gasiorowski. Deft. K.K. Mohamed present w/attys' David Ruhuke, Jeremy Schneider, David Stern. Deft. El Hage present w/attys Sam Schmidt & Joshua Dratel & Kristian Larsen. AUSA's Ken Karas, Patrick Fitzgerald & Paul Butler. Interpreters (Arabic) Andre Codouni, Aziz Ismail and Toufic Maged. Interpreters (Swahili) by Charles Mironko and Laura Black. Jury trial begun as to the above (4) defts' on counts as charged. (rg) [Entry date 03/07/01] 1/4/01 403 Redacted Exhibit to declaration of Lloyd Epstein, Esq. in support of defendant Ali Mohamed's motion to suppres evidence seized pursuant to the Foreign Intelligence Surveillance Act by Ali Mohamed (FISA) (sl) [Entry date 01/04/01] [Edit date 01/04/01] 1/4/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed cont'd. (rg) [Entry date 03/07/01] 1/5/01 404 Filed Memo-Endorsement on Defendant Mohammad Al-Owhali's motion to adopt co-defendant Khalfan Khamis Mohamed's Motions concerning the death penalty and supplemental motion regarding specific issues therein as to Mohamed Rashed Daoud Al-'Owhali, Khaled Al Fawwaz, Motion to adopt is granted. All other motions denied. In accordance with the court's oppinion of 12/11/00 and 1/2/01. ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 01/05/01] Docket as of February 22, 2002 10:23 pm Page 256 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/5/01 405 Filed Memo-Endorsement on letter addressed to Judge Sand from Attorney David P. Baugh, dated 1/2/01, as to defts Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary. ... JUDGE ENDORSED - Deft's Al-'Owhali's motion mailed from Richmond, Virginia on 12/27/00 (with respect to a trial long scheduled to commence on 1/3/01) sought an order directing payment of increased compensation to jurors. The motion made no reference whatsoever to the fact that the rate of juror compensation was controlled by a statute and that the Court had already provided that jurors in this case be paid the maximum permitted pursuant to 28 U.S.C. Section 1871. It was only orally in open court on 1/2/01, that counsel stated that the motion was a challenge to the constitutionality of 28 U.S.C. Section 1871. Serious challenges to the constitutionality of a statute cannot be raised in so casual a manner. Moreover, although the actual incidence of hardship requests was not known until the responses to questionnaires was examined, it should have come as no surprise to anyone that a high percent of panelists would seek to be excused from a trial scheduled to last approximately one year. Nor is it all surprising that there would be a socioeconomic factor operating with respect to those who sought exemption. In fact, the number of panelists who sought hardship exemption for economic or other reasons was somewhat less than the Court had anticipated. The Court adheres to its previous determination that the motion as filed in the letter mailed 12/27/00, was both untimely and without merit. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/08/01] [Edit date 01/08/01] 1/5/01 406 Redacted Exhibits To Declaration of Lloyd Epstein, Esq. In Support of Defendant Ali Mohamed's Motion To Suppress Evidence Seized Pursuant To The Foreign Intelligence Surveillance Act ("FISA"). (bw) [Entry date 01/08/01] 1/5/01 409 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 01/11/01] Docket as of February 22, 2002 10:23 pm Page 257 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/5/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed cont'd and adj. to 1/8/01 at 9:30 a.m. All defendants cont'd detained. (rg) [Entry date 03/07/01] 1/8/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed cont'd. (rg) [Entry date 03/07/01] 1/9/01 408 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (Contents Withdrawn - So Ordered Sand,J.) (da) [Entry date 01/10/01] [Edit date 02/21/02] 1/9/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Jury selection cont'd. (rg) [Entry date 03/07/01] 1/10/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Jury selection cont'd. Defendants cont'd detained. (rg) [Entry date 03/07/01] 1/11/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. All defts' present. (rg) [Entry date 03/07/01] 1/12/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. All defendants present and adjourned to 1/16/01. (rg) [Entry date 03/07/01] 1/16/01 413 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 01/18/01] 1/16/01 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Hearing held in Robing Room (Sealed proceeding). (rg) [Entry date 03/07/01] Docket as of February 22, 2002 10:23 pm Page 258 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/16/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd and adjourned to 1/29/01 at 9:30. (rg) [Entry date 03/07/01] 1/17/01 410 ORDER as to Mohamed Rashed Daoud Al-'Owhali. A motion having been made by Defendant Mohamed Rashed Daoud Al-'Owhali for courtroom closure during a renewal of a suppression hearing, the Court hereby schedules a hearing on the closure motion for 10:00 a.m. on Friday, January 19, 2001 in Courtroom 318 at the 40 Foley Square Courthouse. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/17/01] 1/17/01 411 AMENDED ORDER as to Mohamed Rashed Daoud Al-'Owhali. A motion having been made by Defendant Mohamed Rashed Daoud Al-'Owhali for courtroom closure during a renewal of a suppression hearing, the Court hereby schedules a hearing on the closure motion for 11:30 a.m. on Friday, January 19, 2001 in Courtroom 318 at the 40 Foley Square Courthouse. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/17/01] 1/17/01 412 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 01/17/01] 1/17/01 609 LETTER filed by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali From AUSA's Paul Butler, Patrick Fitzgerald, Kenneth Karas, & Andrew McCarthy. Dated 01/17/01, Addressed to: Judge Sand Re: US v bin Laden 98 Cr 1023. The Govt submits this Letter Brief in opposition to the motion of Deft al-'Owhali to dismiss an identification of him as the passenger in the bomb truck at the American embassy in Nairobi. For the reasons set forth above, al-'Owhali's motion to supress the identification as so unduly suggestive as to violate his right to due process should be denied. (ac) [Entry date 08/15/01] Docket as of February 22, 2002 10:23 pm Page 259 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/18/01 414 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 01/18/01] 1/18/01 415 ORDER as to Mohamed Sadeek Odeh. Upon the application of Anthony L. Ricco, attorney for Mohamed Sadeek Odeh, for an order authorizing necessary investigative services, pursuant to the Criminal Justice Act, Title, 18 U.S.C. 3006A(e)(1). IT IS HEREBY ORDERED, that Kevin Johnson, is appointed as a Para-Mitigation Specialist in the above captioned case at a rate set at Twenty Five ($25.00) Dollars per hour munc pro tunc to November 1, 2000. ( Signed on 1/17/01 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/19/01] 1/19/01 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Hearing held (Closed proceeding) and concluded. All defendants present except Khalfan Khamis Mohamed who waives his appearance. (rg) [Entry date 03/07/01] Docket as of February 22, 2002 10:23 pm Page 260 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/22/01 416 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby. ... On Friday, 1/19/01, this Court ruled that the evidentiary hearing on the renewed motion to suppress defts' statements would be held in a closed courtroom but that a redacted transcript of the prior days hearing would be made available to the press at 10:00 a.m. the following day. By letter received later that day, representatives of the press have raised questions concerning the cost of obtaining these transcripts and their availability on Saturdays. It is the purpose of this Order to respond to those concerns. The Court hereby ORDERS that one redacted copy of the transcript of the prior days proceedings be made available without charge at 10:00 a.m. in the courthouse press room. We have been advised that a representative of the press will then undertake to make copies available to other members of the press. The transcript to be made available on Saturday morning shall be obtainable at 10:00 a.m. at the offices of the U.S. Attorney. The Court emphasizes that this Order relates solely to the transcript for the above-referenced suppression hearing, now estimated to last approximately five (5) days and is occasioned solely by virtue of the unusual circumstance of the courtroom being closed during such proceedings. The Order should not be construed as suggesting that under normal circumstances the Court reporters have any obligation to furnish a transcript without charge to the press. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/22/01] 1/22/01 417 ORDER as to Wadih El Hage, for reconsideration of [397-1] order. On reconsideration, this Court's Order of 1/2/01, entered prior to receiving the Government's opposition, is nullified and the motion to take Rule 15 depositions is denied. ( Signed by Judge Leonard B. Sand ) (sl) [Entry date 01/23/01] 1/22/01 423 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 01/25/01] Docket as of February 22, 2002 10:23 pm Page 261 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/23/01 418 (REDACTED) MOTION by Wadih El Hage in support of deft Wadih El-Hage's CIPA Section 5 Designation, motion to declare CIPA unconstitutional and for discovery. Return date 9/30/00. (bw) [Entry date 01/24/01] 1/23/01 419 (REDACTED) MEMORANDUM by Wadih El Hage in support of [418-1] motion in support of deft Wadih El-Hage's CIPA Section 5 Designation, motion to declare CIPA unconstitutional and for discovery. (bw) [Entry date 01/24/01] 1/23/01 420 (REDACTED) MEMORANDUM Of Law by U.S.A. as to Wadih El Hage in response to [418-1] motion in support of deft Wadih El-Hage's CIPA Section 5 Designation, motion to declare CIPA unconstitutional and for discovery. (bw) [Entry date 01/24/01] 1/23/01 421 (REDACTED) REPLY Memorandum Of Law by Wadih El Hage to in support of [418-1] motion in support of deft Wadih El-Hage's CIPA Section 5 Designation, motion to declare CIPA unconstitutional and for discovery. (bw) [Entry date 01/24/01] 1/23/01 422 ORDER as to Mohamed Sadeek Odeh, that Dr. J.B.F. Lloyd is authorized to perform services on behalf of the defense as indicated above, and that he shall be compensated at the rate of $185.00 per hour for professional services rendered on behalf of the defense and $92.50 for travel time. (Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 01/24/01] 1/23/01 428 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 01/26/01] 1/23/01 429 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 01/26/01] Docket as of February 22, 2002 10:23 pm Page 262 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/23/01 -- Evidentiary Hearing as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held. Renewed Evidentiary Hearing on defendants' Al-Owhali and Odeh's motion to suppress. Adjourned to 1/24/01. (Closed proceeding). (rg) [Entry date 03/07/01] 1/24/01 430 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 01/26/01] 1/24/01 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali, Mohamed Sadeek Odeh held. Conference in Robing Room held and concluded. Decision reserved. Fully submitted no later than 1/26/01. (rg) [Entry date 03/07/01] 1/25/01 424 ORDER as to Mohamed Sadeek Odeh, That Kevin Johnson is appointed as Para Legal at the rate of $25.00 per hour nunc pro tunc to 11/1/00 ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 01/25/01] 1/25/01 425 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 01/25/01] 1/25/01 426 (REDACTED) MEMORANDUM And ORDER # 85094 as to Wadih El Hage, Mohamed Sadeek Odeh, Mamdouh Mahmud Salim. Presently before the Court is Defendant El-Hage's motion to declare the Classified Information Procedures Act ("CIPA"), 18 U.S.C. app. 3 (1980), unconstitutional as applied in this case. Defendants Mamdouh Mahmud Salim and Mohammed Sadeek Odeh join this motion. For the reasons set forth in this Memorandum And Order, this motion is denied. (denied [418-1] motion). ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 01/26/01] Docket as of February 22, 2002 10:23 pm Page 263 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/25/01 433 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 02/02/01] 1/26/01 427 ORDER as to Mohamed Rashed Daoud Al-'Owhali, Because the documents produced may impact Al-Owhali's suppression motion, and because the Court is making every effort to decide that motion prior to opening statements, the Government is ordered to produce all responsive evidence by 1/17/01. Al-Owhali should then immediately bring any newly disclosed evidence to the Court's attention is such evidence bears on the merits of his suppression motion ( Signed by Judge Leonard B. Sand ) (sl) [Entry date 01/26/01] 1/26/01 431 AFFIRMATION as to Mamdouh Mahmud Salim (sl) [Entry date 01/26/01] 1/29/01 432 ORDER as to Mamdouh Mahmud Salim, Time excluded from 1/25/01 until 4/11/01 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 01/29/01] 1/29/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. (rg) [Entry date 03/07/01] 1/30/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. (rg) [Entry date 03/07/01] 1/31/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury selection cont'd. (rg) [Entry date 03/07/01] 2/1/01 -- Jury selection as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed concluded. Jury selection cont'd and concluded. Jury to be sworn on Monday 2/5/01. (rg) [Entry date 03/07/01] 2/5/01 434 ORDER as to Mohamed Sadeek Odeh, It is on this 5th day of February, 2001 ordered that Carl J. Herman be reimbursed for clothing expenses in the amount of $340.12 nunc pro tunc to December 26, 2000. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 02/06/01] Docket as of February 22, 2002 10:23 pm Page 264 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/5/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Jury sworn. Court's preliminary instructions to jury and opening statements begun. (rg) [Entry date 03/07/01] 2/6/01 435 MEMORANDUM and ORDER (Filed Under Seal: 1/16/01, Unsealed with Redactions: 2/2/01) as to Wadih El Hage. Defendant El-Hage seeks an order compelling the Gov't to produce discovery. He includes two lists of discovery demands: those for discovery authorized under Rule 16(a)(1)(C) of the F.R.C.P. and those seeking discovery of exculpatory information under Brady v. Maryland, 373 U.S. 83 (1963). ... III. Timing. Where the Court has granted the Defendant's requests and ordered the production of discovery, the Gov't is ordered to produce responsive material as soon as possible but no later than January 26, 2001. ( Signed on 2/2/01 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 02/07/01] 2/6/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Arabic interpreter Denise Nasser for witness Jamal Al-Fadal. (rg) [Entry date 03/07/01] 2/7/01 436 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim for dates of 12/20/00. (tp) [Entry date 02/07/01] 2/7/01 437 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim for dates of 12/20/00. (tp) [Entry date 02/07/01] 2/7/01 438 REDACTED MEMORANDUM by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali in support of its motion for reconsideration of the Court's order suppressing defendant Al-Owhali's statements. (mr) [Entry date 02/08/01] 2/7/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adj. to 2/13/01-10:a.m. CIPA conference held and concluded. (rg) [Entry date 03/07/01] 2/8/01 439 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 02/08/01] Docket as of February 22, 2002 10:23 pm Page 265 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/8/01 440 (REDACTED) LETTER addressed to Judge Sand from AUSAs Kenneth M. Karas (signed), Patrick J. Fitzgerald, Paul W. Butler, Andrew C. McCarthy, dated 1/23/01, filed by U.S.A. as to deft Khalfan Khamis Mohamed Re: submitted in response to the motion of deft Khalfan Khamis Mohamed to suppress all statements he made after his arrest in South Africa on 10/5/99. [ accepted for filing by Judge Sand ] (bw) [Entry date 02/09/01] [Edit date 02/09/01] 2/8/01 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Hearing on CIPA issues begun and concluded. (Classified Information Procedures Act). No deft. present. AUSA Butler present and Pat Fitzgerald and Ken Karas. Atty Sam Schmidt and Joshua Dratel present for El Hage; Fred Cohn and Laura Gasiorowski present for Al-Owhali; Anthony Ricco and Ed Wilford present for Odeh. (rg) [Entry date 03/07/01] 2/9/01 455 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 02/26/01] 2/13/01 442 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 02/13/01] 2/13/01 443 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 02/13/01] Docket as of February 22, 2002 10:23 pm Page 266 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/13/01 444 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 02/13/01] 2/13/01 445 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 02/13/01] 2/13/01 446 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 02/13/01] 2/13/01 447 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 02/13/01] 2/13/01 448 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 02/13/01] 2/13/01 449 LETTER filed by U.S.A. as to Mohamed Sadeek Odeh From AUSA Kenneth M. Karas, Dated 1/23/01, Addressed to: Judge Sand Re: response to the motions of Mohamed Sadeek Odeh (sl) [Entry date 02/13/01] Docket as of February 22, 2002 10:23 pm Page 267 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/13/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. All defts' present. Trial cont'd. Interpreter Seham Susan Laraby present for witness Jamal Al-fadl. (rg) [Entry date 03/07/01] 2/13/01 441 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) [Entry date 01/22/02] 2/14/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rg) [Entry date 03/07/01] 2/15/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adj. to 2/19/01 at 10:00 a.m. All defts cont'd remanded. (rg) [Entry date 03/07/01] 2/16/01 450 MEMORANDUM OPINION # 85186 as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Defendant Odeh's motions to suppress evidence are denied. Likewise Defendant Al-Owhali's motion to suppress his statements based on an alleged delay in presentment is also denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 02/16/01] 2/16/01 451 MEMORANDUM OPINION # 84939 as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, Defendnat Al-Owhali's motion to suppress is granted in part and denied in part, whereas K.K. Mohamed's motion to suppress is denied in its entirety. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 02/16/01] Docket as of February 22, 2002 10:23 pm Page 268 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/20/01 452 MEMORANDUM And ORDER as to Khalfan Khamis Mohamed. On 2/14/01, at an Ex Parte conference with counsel for Khalfan Khamis Mohamed, the Court was advised that there was agreement among counsel and their client that Jeremy Schneider's motion to withdraw as counsel should be granted. The Court was assured that the granting of this motion would have no negative impact on the progress of the ongoing trial. The Court thereafter allocuted the deft who acknowledged that this action was with his knowledge and consent. The motion to withdraw was granted. The purpose of this Memorandum is to note the Court's further finding that the withdrawal of Jeremy Schneider as counsel for Khalfan Khamis Mohamed will nevertheless leave assigned to Khalfan Khamis Mohamed two counsel, David Ruhnke, Esq. and David Stern, Esq., "of whom at least one shall be learned in the law applicable to capital cases" as required by 18 U.S.C. Section 3005. Indeed, after conferring with the Federal Public Defender, Leonard Joy, the Court is of the opinion that the requirements of 18 U.S.C. Section 3005 are fully satisfied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 02/21/01] [Edit date 02/21/01] 2/20/01 453 LETTER filed by U.S.A. as to Wadih El Hage From Paul W. Butler AUSA, Dated 2/15/01, Addressed to: Judge Sand Re: Redacted Notice of Motion in Support of Defendant Wadih El-Hage's Discovery Motion. (sl) [Entry date 02/21/01] 2/20/01 454 REDACTED NOTICE MOTION IN SUPPORT OF Wadih El Hage for discovery motion (sl) [Entry date 02/21/01] 2/20/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. All defts' present. Arabic interpreter Seham Susan Larby present for witness Jamal Al-Fadal. (rg) [Entry date 03/07/01] 2/21/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. All defts present. Arabic interpreter present for witness L'Houssainne Kherchtou. (rg) [Entry date 03/07/01] 2/22/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. All defendants present. Arabic interpreter Seham Susan Laraby present for witness L'Houssainne Kherchtou and adjourned to 2/26/01. (rg) [Entry date 03/07/01] 2/26/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rg) [Entry date 03/08/01] Docket as of February 22, 2002 10:23 pm Page 269 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/27/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rg) [Entry date 03/08/01] 2/28/01 456 [REDACTED] POST-HEARING MEMORANDUM by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali in opposition to deft al-'Owhali's motion to suppress statements. (bw) [Entry date 03/02/01] 2/28/01 457 [REDACTED] POST-HEARING MEMORANDUM of Law by U.S.A. as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali in opposition to motions of Al-'Owhali and Odeh to suppress statements. (bw) [Entry date 03/02/01] 2/28/01 458 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 03/02/01] 2/28/01 459 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 03/02/01] 2/28/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rg) [Entry date 03/08/01] 3/1/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to 3/5/01. (rg) [Entry date 03/08/01] 3/2/01 461 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (da) [Entry date 03/06/01] Docket as of February 22, 2002 10:23 pm Page 270 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/6/01 460 MEMORANDUM & ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby. The Court directs the Gov't to furnish Defendants' with all the impeachment material concerning the witness Al-Fadl that is described in the Govt's ex parte sealed letter to the Court dated 2/19/01. To be clear, this includes the identity of the source, as well as the two items of information he provided. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 03/06/01] 3/6/01 462 SEALED DOCUMENT as to Usama Bin Laden (afo) [Entry date 03/06/01] 3/6/01 463 ORDER as to Mamdouh Mahmud Salim, We direct the parties to provide the Court with additional briefing on Salim's motion in light of our 2/16/01 decisions. The parties have 20 days to inform the Court in writing of a proposed briefing schedule, as well as whether it will be necessary to supplement further the factual record. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 03/07/01] 3/7/01 464 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby (af) [Entry date 03/07/01] 3/7/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Swhali interpreter present Beston Mwakaling for witness Reninah Wadia Muhoho. (rg) [Entry date 03/08/01] Docket as of February 22, 2002 10:23 pm Page 271 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/7/01 468 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Patrick J. Fitzgerald, dated 2/20/01, as to deft L'Houssiane Kherchtou. The Govt requests that certain items pertaining to this matter currently filed under seal be unsealed for a limited purpose as of today's date and that they be further unsealed at a later time. L'Houssaine Kherchtou entered a plea of guilty to Information (S8)98Cr.1023(LBS) in a sealed proceeding before the Court on 11/2/00. The Govt asks for the immediate but limited unsealing of the following items: Information (S8)98Cr.1023(LBS) and the plea minutes. The unsealing would be for the purpose of allowing the Govt to produce the plea minutes and Information as Jencks Act material to the defense. The material would remain sealed until such time as Kherchtou testified, at which time the Govt would ask that the materials be unsealed for all purposes; JUDGE ENDORSED - Limited Unsealing as Described Above: SO ORDERED. Complete Unsealing of the Transcript: SO ORDERED. ( Signed by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 03/08/01] 3/8/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to 3/12/01. Swhali interpreter present for witness Charles Mwaka Mulwa. Swhali interpreter present for witness Paul Wangui. Swhali interpreter present for witness Justus Mutisya. Swhali interpreter present for witness Michael Opiyo. Somilian interpreter Ahmed Jama for witness Ismail Jama Ali. (rg) [Entry date 03/08/01] [Edit date 03/09/01] 3/8/01 469 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) [Entry date 03/08/01] 3/9/01 470 Verdict Form of Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed (sl) [Entry date 03/12/01] 3/9/01 471 Request to Charge by U.S.A. (mr) [Entry date 03/12/01] Docket as of February 22, 2002 10:23 pm Page 272 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/12/01 473 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) [Entry date 03/15/01] 3/12/01 474 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) [Entry date 03/15/01] 3/12/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. Japanese interpreter Eugene Kada present for a witness Junichi Miyagi. (rg) [Entry date 03/19/01] Docket as of February 22, 2002 10:23 pm Page 273 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/12/01 550 (S10 - Part 1 of 2) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1sssssssss, 2sssssssss, 3sssssssss, 4sssssssss, 5sssssssss, 6sssssssss, 7sssssssss, 8sssssssss, 9sssssssss, 10sssssssss, 11sssssssss-223sssssssss, 224sssssssss-234sssssssss, 235sssssssss-275sssssssss, 276sssssssss, 277sssssssss-278sssssssss, 279sssssssss, 280sssssssss-281sssssssss, 282sssssssss, 283sssssssss, 284sssssssss, 285sssssssss, 286sssssssss, 287sssssssss-305sssssssss, 306sssssssss-308sssssssss, Fazul Abdullah Mohammed (2) count(s) 1ssssssss, 2ssssssss, 3ssssssss, 4ssssssss, 5ssssssss, 6ssssssss, 7ssssssss, 8ssssssss, 9ssssssss, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 235ssssssss-275ssssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss, Mohamed Sadeek Odeh (3) count(s) 1ssssssss, 2ssssssss, 3ssssssss, 4ssssssss, 5ssssssss, 6ssssssss, 7ssssssss, 8ssssssss, 9ssssssss, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 235ssssssss-275ssssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssssss, 2ssssssss, 3ssssssss, 4ssssssss, 5ssssssss, 6ssssssss, 7ssssssss, 8ssssssss, 9ssssssss, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 235ssssssss-275ssssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss, Usama Bin Laden (5) count(s) 1sssssss, 2sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-278sssssss, 279sssssss, 280sssssss-281sssssss, 282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Muhammad Atef (6) count(s) 1sssssss, 2sssssss, 3sssssss, 4sssssss, 5sssssss, 6sssssss, 7sssssss, 8sssssss, 9sssssss, 10sssssss, 11sssssss-223sssssss, 224sssssss-234sssssss, 235sssssss-275sssssss, 276sssssss, 277sssssss-278sssssss, 279sssssss, 280sssssss-281sssssss, 282sssssss, 283sssssss, 284sssssss, 285sssssss, 286sssssss, 287sssssss-305sssssss, 306sssssss-308sssssss, Mustafa Mohamed Fadhil (7) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss-305ssssss, 306ssssss-308ssssss, Khalfan Khamis Mohamed (8) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, Docket as of February 22, 2002 10:23 pm Page 274 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss-305ssssss, 306ssssss-308ssssss, Ahmed Khalfan Ghailani (9) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss-305ssssss, 306ssssss-308ssssss, Fahid Mohammed Msalam (10) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss-305ssssss, 306ssssss-308ssssss, Sheikh Ahmed Salim Swedan (11) count(s) 1ssssss, 2ssssss, 3ssssss, 4ssssss, 5ssssss, 6ssssss, 7ssssss, 8ssssss, 9ssssss, 10ssssss, 11ssssss-223ssssss, 224ssssss-234ssssss, 235ssssss-275ssssss, 276ssssss, 277ssssss-278ssssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 284ssssss, 285ssssss, 286ssssss, 287ssssss-305ssssss, 306ssssss-308ssssss (Microfilmed on April 26, 2001 at 3:00 P.M.). (dcap) [Entry date 05/23/01] [Edit date 08/23/01] Docket as of February 22, 2002 10:23 pm Page 275 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/12/01 550 (S10 - Part 2 of 2) SUPERSEDING INDICTMENT as to Mamdouh Mahmud Salim (12) count(s) 1sssss, 2sssss, 3sssss, 4sssss, 5sssss, 6sssss, 7sssss-8sssss, 9sssss, 10sssss, 11sssss-234sssss, 235sssss-279sssss, 280sssss-283sssss, 284sssss, 285sssss-286sssss, 287sssss-305sssss, 306sssss-308sssss, Ali Mohamed (13) count(s) 1ssss, 2ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss-8ssss, 9ssss, 10ssss, 11ssss-234ssss, 235ssss-279ssss, 280ssss-283ssss, 284ssss, 285ssss-286ssss, 287ssss-305ssss, 306ssss-308ssss, Ayman Al Zawahiri (14) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss, 10sss, 11sss-234sss, 235sss-279sss, 280sss-283sss, 284sss, 285sss-286sss, 287sss-305sss, 306sss-308sss, Khaled Al Fawwaz (15) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss-8sss, 9sss, 10sss, 11sss-234sss, 235sss-279sss, 280sss-283sss, 284sss, 285sss-286sss, 287sss-305sss, 306sss-308sss, Ibrahim Eidarous (16) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss-8ss, 9ss, 10ss, 11ss-234ss, 235ss-279ss, 280ss-283ss, 284ss, 285ss-286ss, 287ss-305ss, 306ss-308ss, Adel Abdel Bary (17) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss-8ss, 9ss, 10ss, 11ss-234ss, 235ss-279ss, 280ss-283ss, 284ss, 285ss-286ss, 287ss-305ss, 306ss-308ss, Saif Al Adel (18) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s-305s, 306s-308s, Abdullah Ahmed Abdullah (19) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s-305s, 306s-308s, Muhsin Musa Matwalli Atwah (20) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s-305s, 306s-308s, Anas Al Liby (21) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-8s, 9s, 10s, 11s-234s, 235s-279s, 280s-283s, 284s, 285s-286s, 287s-305s, 306s-308s, Mohamed Suleiman Al Nalfi (23) count(s) 1, 3, 5, 6 (dcap) [Entry date 06/05/01] [Edit date 06/05/01] 3/13/01 477 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) [Entry date 03/19/01] 3/13/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Swhali interpeter Besten Mwakaling for witness Rutahe Sherwa. (rg) [Entry date 03/19/01] Docket as of February 22, 2002 10:23 pm Page 276 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/14/01 472 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, If the Government has not restedby 4/2/01, the memorandum should nevertheless be filed but may be updated 2 business days after the Government rests. If the evidence cited is applicable solely by virtue of Pinkerton or some analogous theory of attribution, the memorandum should so state. ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 03/14/01] 3/14/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to Monday 3/19/01 at 10 a.m. Japanese interpreter Eugene Kada present for witness Satoshi Mitsugi. Swhali interpreter Besten Mwakaling for witnesses Mohamed Zaidi, Thabit Sadaalli, Julius Kisingo, Ally Said, Mohamedi Selemeni, Hamed Muslim Salum. (rg) [Entry date 03/19/01] 3/15/01 475 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) [Entry date 03/16/01] 3/15/01 476 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) [Entry date 03/16/01] 3/16/01 -- First Appearance as to Mohamed Suleiman Al Nalfi held (dcap) [Entry date 06/05/01] Docket as of February 22, 2002 10:23 pm Page 277 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/16/01 -- Arraignment as to Mohamed Suleiman Al Nalfi held Mohamed Suleiman Al Nalfi (23) count(s) 1, 3, 5, 6 before Judge Leonard B. Sand. Deft Al Nalfi pres w/atty Marion Seltzer (CJA). Interpreter (Arabic) Andre Conduni. AUSA Michael Garcia pres. Dft arraigned on Superceding Ind (10) of 98cr1023 and pleads not guilty on counts 1, 3, 5 & 6 as charged. Status conference 3/27/01 at 4:30 p.m. - rm 318 for a report on housing conditions of the deft at MCC. gov't submit order excluding time thru 5/22/01 and a pre-trial confernce at that time at 9:30 a.m. Deft cont'd detained. (dcap) [Entry date 06/05/01] 3/16/01 -- PLEA entered by Mohamed Suleiman Al Nalfi . Court accepts plea. Not Guilty: Mohamed Suleiman Al Nalfi (23) count(s) 1, 3, 5, 6 (dcap) [Entry date 06/05/01] 3/16/01 -- ORAL ORDER as to Mohamed Suleiman Al Nalfi , set status conference for 4:30 3/27/01 for Mohamed Suleiman Al Nalfi, and to Continue in Interests of Justice time is excluded from 3/16/01 to 5/22/01. ( Entered by Judge Leonard B. Sand ) (dcap) [Entry date 06/05/01] 3/19/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. (rg) [Entry date 03/27/01] 3/19/01 -- CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Mamdouh Mahmud Salim : Appointment of Attorney Irving Cohen ( Signed by Judge Leonard B. Sand ) (df) [Entry date 04/02/01] 3/20/01 478 Filed Memo-Endorsement on letter addressed to Judge Sand from atty Allan Haber as to Mamdouh Mahmud Salim, attorney Irving Cohen, member of the panel, if approved by Court is willing to assist in the preparation of the trial . Endorsement Approved ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 03/20/01] Docket as of February 22, 2002 10:23 pm Page 278 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/20/01 479 ORDER as to Mohamed Sadeek Odeh, As for Odeh's argument relating to discovery, we need not decide whether the Government's failure to provide discovery relating to the tested clothing warrants suppression under the Constitution. The proper solution is instead to require the Government immediately to produce all relevant discovery in its possession concerning the seizure, storage, and transmission of the at-issue clothing-including, for all relevant items and at all relevant locations, the identities of the individuals who exercised custody over the items, their governmental affiliations, and the conditions under which those items were stored. While Odeh may not preclude the clothing's admission into evidence on grounds of inauthenticity, he is certainly entitled to attack the credibility and weight of the evidence before the jury ( Signed by Judge Leonard B. Sand ); Copies mailed. (sl) [Entry date 03/21/01] 3/20/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adj. to 3/22/01. (rg) [Entry date 03/27/01] 3/20/01 552 ORDER as to Mohamed Suleiman Al Nalfi, to Continue in Interests of Justice time is excluded from 3/19/01 to 5/22/01. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) [Entry date 06/05/01] 3/22/01 480 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) [Entry date 03/23/01] 3/22/01 481 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (da) [Entry date 03/23/01] 3/22/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adj. to 3/26/01. (rg) [Entry date 03/27/01] 3/26/01 482 Request to Charge by Mohamed Rashed Daoud Al-'Owhali. (bw) Docket as of February 22, 2002 10:23 pm Page 279 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 03/26/01] 3/26/01 483 Objections by Mohamed Rashed Daoud Al-'Owhali to the Government's Requests To Charge. (bw) [Entry date 03/26/01] 3/26/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. All deft's present. Jury trial cont'd. (rg) [Entry date 03/29/01] 3/27/01 484 Requests to Charge by Wadih El Hage, Mohamed Sadeek Odeh. (bw) [Entry date 03/27/01] 3/27/01 485 MEMORANDUM of Law by Wadih El Hage, Mohamed Sadeek Odeh in support of their [484-1] requests to charge. (bw) [Entry date 03/27/01] 3/27/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to April 2, at 10 a.m. Defts' cont'd detained. (rg) [Entry date 03/29/01] 3/27/01 -- Status conference as to Mohamed Suleiman Al Nalfi held before Judge Sand. Deft present w/atty Marion Seltzer, AUSA Michael Garcia pres. Arabic interpreter Andre Codouni also present. Andrea Giriolamo, atty for MCC - Bureau of Prisons. Conference held dealing with conditions of confinement at MCC and concluded. Court suggest that deft's atty read the transcripts of all prior proceedings dealing w/conditions of confinement. further conference 5/22/01 at 9:30 a.m. Deft cont'd detained. (dcap) [Entry date 06/05/01] 3/27/01 -- ORAL ORDER as to Mohamed Suleiman Al Nalfi , set pre-trial conference for 9:30 5/22/01 for Mohamed Suleiman Al Nalfi ( Entered by Judge Leonard B. Sand ) (dcap) [Entry date 06/05/01] 3/29/01 -- Pretrial Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Deft Odeh present w/attys Anthony Ricco and Ed Wilford. Deft Al-'Owhali present w/attys David Baugh, Frederick Cohn. Deft Khalfan Khamis Mohamed not present, his atty David Ruhnke present. Deft El Hage not present, his attys Sam Schmidt and Joshua Dratel present. AUSAs Pat Fitzerald, Paul Butler, Ken Karas and Michael Garcia present. Arabic interpreters Andre Codouni and Toufic Maged present. ORAL ARGUMENT held on Government's motion to quash multiple subpoenas of deft Al-'Owhali on various media networks photography departments - and concluded. Deft Al-'Owhali to re-submit new subpoenas. Defts continued detained. ( Held before Judge Sand ) (bw) [Entry date 03/30/01] Docket as of February 22, 2002 10:23 pm Page 280 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 3/30/01 486 LETTER filed by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali From AUSA Patrick J. Fitzgerald, Dated 3/29/01, Addressed to: Judge Sand Re: opposition to the request by Mohamed Rashed Daoud al-Owhali to issue subpeonas to various officials of the Department of Defense and former Secretary of State on the grounds that the materials and testimony sought are not relevent to the contemplated penalty proceedings. (mr) [Entry date 04/03/01] 3/30/01 493 ORDER as to Mohamed Rashed Daoud Al-'Owhali, The Court, therefore, directed counsel for Al-Owhali to pare down and resubmit the subpoenas. Tr. at 3554. Assuming that this revision of the subpoenas is appropriately and in good faith done, the Court will sign the subpoenas entirely without prejudice to any further proceedings with respect thereto. Subpoena to Madeline Albright-The Government objects to this subpoena on a number of grounds. Among other issues, the government asserts that Secretary Albright may not be the appropriate witness. The government seeks leave to submit a written response to the subpoena as addressed to Madeline Albright and such leave is hereby granted. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 04/12/01] 4/2/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. All defendant's present. Jury trial cont'd. Pakistan interpreter Raui Kotru present for witness Suhail Anjum, Riaz Gondal, Ga. Swahili interpreter Beston Mwakaling present for witnesses Gabriel Mutunga and Rosemary Wanjiru. (rg) [Entry date 04/04/01] 4/3/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. (rg) [Entry date 04/04/01] 4/4/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd and adjourned to April 16, 2001 at 10 a.m. Defts' cont'd detained. (rg) [Entry date 04/04/01] 4/5/01 487 SEALED DOCUMENT as to L'Houssiane Kherchtou (af) [Entry date 04/06/01] 4/9/01 488 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (af) [Entry date 04/09/01] Docket as of February 22, 2002 10:23 pm Page 281 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/10/01 489 MEMORANDUM OF LAW by Wadih El Hage in support of his motion for a Judgment of Acquittal pursuant to Rule 29(a), Fed.R.Crim.P. and motion for sanctions for spoilation of evidence. (bw) [Entry date 04/10/01] 4/10/01 490 MEMORANDUM OF LAW (DUPLICATE ORIGINAL) by Mohamed Rashed Daoud Al-'Owhali in support of Rule 29 Motion. (original document see doc #492). (bw) [Entry date 04/10/01] [Edit date 04/17/01] 4/10/01 492 MEMORANDUM by Mohamed Rashed Daoud Al-'Owhali in support of Rule 29 motion. (mr) [Entry date 04/12/01] 4/11/01 491 MOTION by Mohamed Sadeek Odeh pursuant to Rule 29(a), Fed. R. Crim. P., for a Judgment of Acquittal on counts 1, and 3 through 286 of the indictment. Return date not specified. [ on letter addressed to Judge Sand from atty Anthony L. Ricco, dated 4/10/01 ] (bw) [Entry date 04/11/01] 4/11/01 499 ORDER To Show Cause as to Mohamed Rashed Daoud Al-'Owhali. It is hereby ORDERED, that the Deft, Mohamed Rashed Daoud Al-Owhali show cause before this Court on Monday, 4/16/01 at 4:30 p.m. or soon there after as counsel can be heard before the Honorable Leonard Sand in Courtroom 318 of the U.S. Courthouse, 40 Foley Square, New York, New York 10007, why an order should not be made and entered in this action, pursuant to Rule 17 of the F.R.C.P., quashing the subpoena of the Deft Mohamed Rashed Daoud Al-Owhali; and it is further ORDERED, that personal service of a copy of this ORDER TO SHOW CAUSE, together with the papers on which it is based, by noon or April 11, 2001 shall be deemed good and sufficient service; and it is further ORDERED, that Deft's answering papers in opposition to Don Emmert and Agence France Presse's Motion to Quash, if any, shall be served personally upon counsel for Don Emmert and Agence France Presse no later than noon (12:00 p.m.), Friday, April 13, 2001. ( Signed on 4/10/01 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 04/16/01] 4/12/01 494 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (wv) [Entry date 04/13/01] Docket as of February 22, 2002 10:23 pm Page 282 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/12/01 495 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (wv) [Entry date 04/13/01] 4/12/01 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. All (4) defts present w/attys. AUSAs Pat Fitzgerald, Ken Karas, Paul Butler present. Interpreter (Arabic) Andre Codouni, Swahali interpreter Laura Black. Deft Odeh present w/attys Anthony Ricco, Ed Wilford and Carl Herman. Deft El Hage present w/attys Sam Schmidt and Joshua Dratel. Deft K.K. Mohamed present w/attys David Ruhnke and David Stern. Oral argument held on defts' R-29 motions to dismiss. "Denied in part and Granted in part". Counts 224 thru 234 and Counts 277, 278, 279, 283 & 286, and Counts 8 & 10 are granted & dismissed by Court as to Odeh only. Counts 8, 10, 224 thru 234, 277, 278, 279, 283 & 286 are granted & dismissed as to deft Al'Owhali only. Counts 2, 290, 306 & 307 dismissed on consent of Gov't. ( Held before Judge Sand ) (bw) [Entry date 04/30/01] 4/12/01 -- Status conference as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou held. ... Robing Room Conference with all attys present and dealing with the Somalia issue and concluded. ( Held before Judge Sand ) (bw) [Entry date 04/30/01] 4/12/01 554 MOTION by Mohamed Suleiman Al Nalfi for an order allowing for CJA payment of a 1 year mail subscription to Newsweek Magazine in Arabic in that such payment is a "reasonably incurred" expense , and Ordering the warden of his duly authorized agents at the MCC to deliver the magazine in a timely manner to Mr. Al Nalfi when it is mailed to the MCC through the U.S. Postal. (dcap) [Entry date 06/05/01] [Edit date 01/30/02] 4/13/01 498 MEMORANDUM OF LAW by Mohamed Rashed Daoud Al-'Owhali in response to the Government's opposition to separate death penalty sentencing hearings. (bw) [Entry date 04/16/01] Docket as of February 22, 2002 10:23 pm Page 283 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/16/01 496 LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou From AUSA's Patrick J. Fitzgerald, Kenneth M. Karas, Paul W. Butler, Micahel J. Garcia Dated 4/5/01, Addressed to: Judge Sand Re: The Government submits the following summary outline of the proof adduced during the case in chief. (rg) [Entry date 04/16/01] 4/16/01 497 LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou From Kenneth M. Karas, Patrick J. Fitgerald, Michael J. Garcia, Paul W. Butler Dated 4/12/01, Addressed to: Judge Sand Re: The Government respectfully submits this letter in response to the motions of the defendants for judgments of acquittal under Fed. R. Crim. P. 29. For the reasons set forth in the Government's letter of April 5, 2001 ("April 5 Letter") and herein, these motions should be denied. (rg) [Entry date 04/16/01] 4/16/01 -- Status conference as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou held. ... 9 a.m. Conference held on various matters including the Somalia issue and concluded. ( Held before Judge Sand ) (bw) [Entry date 04/30/01] Docket as of February 22, 2002 10:23 pm Page 284 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/16/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. 10 a.m. Jury Trial continued until 4 p.m. and adjourned to 4/17. 4:10 p.m. - Oral Argument held on penalty phase bifurcation issue: Decision Reserved; Also Oral Argument held on Order Show Cause by Agence France Presse & Don Emmert to quash subpoena duces tecum of deft Al-O'Whali and Oral Argument held on objections by Cabel News Network (CNN) to a subpoena being served on them also by deft Al-'Owhali - and concluded. "Subpoenas withdrawn". ( Held before Judge Sand ) (bw) [Entry date 04/30/01] 4/16/01 -- Status conference as to Wadih El Hage held. 5 p.m. - Argument held on oral application of deft El Hage for a court order to subpoena CNN - application denied. ( Held before Judge Sand ) (bw) [Entry date 04/30/01] [Edit date 04/30/01] 4/17/01 500 MEMORANDUM by Khalfan Khamis Mohamed in support of his motion for a separate penalty hearing. (bw) [Entry date 04/17/01] 4/17/01 501 LETTER filed as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed From Frederick H. Cohn, Dated 2/28/01, Addressed to: Judge Sand Re: requesting that the penalty phase be tried separtely as to each defendant. (mr) [Entry date 04/17/01] 4/17/01 502 LETTER filed as to Khalfan Khamis Mohamed From David A. Ruhnke, Dated 3/4/01, Addressed to: Judge Sand re: Mr. Mohamed;s response to the motion by cpaital defendant, Mohamed Rashed Daoud al-Owhali. (mr) [Entry date 04/17/01] 4/17/01 506 MEMORANDUM by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed in response to the motions of defendants Khamis Mohamed and Al'Owhali for severance of the death penalty sentencing hearing. (rg) [Entry date 04/20/01] 4/17/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial continued and adjourned to 4/18/01. Oral argument also held on Gov't motion to quash a subpoena as to Marilyn Albright. AUSA Michael Garcia. David Baugh present for deft Al-O'whali - "Deft Al'Owhali to resubmit". ( Held before Judge Sand ) (bw) [Entry date 04/30/01] 4/17/01 553 Filed Memo-Endorsement on letter dated 4/12/01 to Judge Sand signed by Marion Seltzer as to Mohamed Suleiman Al Nalfi, asking permission to delegate substantive tasks to John H. Jacobs, Esq. and Elizabeth Macedonio, Esq. in connection with the representation of Mr. Al Nalfi.... Granted. Submit Order. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) [Entry date 06/05/01] Docket as of February 22, 2002 10:23 pm Page 285 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/18/01 504 LETTER filed by U.S.A. as to Wadih El Hage From AUSA Kenneth M. Karas, Dated 4/16/01, Addressed to: Judge Sand Re: motion for judgment of acquittal (sl) [Entry date 04/19/01] 4/18/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial continued and adjourned to 4/23/01. Conference held w/attys after jury is excused for the day on issues of redacted indictment and draft Jury Charge. Gov't will dismiss Count 6, and therefore Count 6 is dismissed as to all defts. ( Held before Judge Sand ) (bw) [Entry date 04/30/01] 4/20/01 505 MEMORANDUM by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou in support of motion to quash defendant's subpoenas for the defense department. (mr) [Entry date 04/20/01] 4/20/01 507 Filed declaration of Stewart F. Aly re:requests for official information in litigation which fall under Defense Department regulations codified at 32 C.F.R. Part 97. (rg) [Entry date 04/23/01] 4/20/01 508 LETTER addressed to Judge Sand from Attorney Joshua L. Dratel, dated 4/20/01, filed by defts Wadih El Hage, Mohamed Sadeek Odeh Re: defts El-Hage and Odeh jointly submit the following objections, additions, and/or comments to the Court's proposed jury charge (Second Working Draft as of 4/19/01). (bw) [Entry date 04/23/01] 4/20/01 510 LETTER filed by Wadih El Hage From Joshua L. Dratel, Dated 4/19/01, Addressed to: Judge Sand Re: This letter is in reply to the government's April 16, 2001, letter regarding the sufficiency of proof of venue for Count 308 of the Indictment. (rg) [Entry date 04/23/01] 4/20/01 511 Filed defendant Al-Owhali's proposed changes to the second working draft of the proposed charge to the jury. (rg) [Entry date 04/23/01] 4/20/01 512 RESPONSE by Mohamed Rashed Daoud Al-'Owhali to Government's motion to quash. (rg) [Entry date 04/23/01] Docket as of February 22, 2002 10:23 pm Page 286 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/20/01 513 LETTER filed as to Khalfan Khamis Mohamed From David A. Ruhnke, Dated 4/18/01, Addressed to: Judge Sand Re: reiterating the representations made inopne court and in memorandum of 4/13/01. (mr) [Entry date 04/23/01] 4/20/01 514 LETTER filed by U.S.A. as to Mohamed Sadeek Odeh From AUSA Kenneth M. Karas, Dated 4/20/01, Addressed to: Judge Sand Re: requesting that the Court instruct the jury that if, and only if, it convicts defendant Odeh on the conspiracy cont initially designated as Court 5, it may convict Odeh onthe substantive Nairobi bombing counts using a Pinkerton theory of liability. (mr) [Entry date 04/23/01] 4/23/01 509 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 04/23/01] 4/23/01 515 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 04/23/01] 4/23/01 516 SEALED DOCUMENT as to Wadih El Hage (rp) [Entry date 04/23/01] 4/23/01 517 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 04/23/01] Docket as of February 22, 2002 10:23 pm Page 287 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/23/01 518 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 04/23/01] 4/23/01 519 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 04/23/01] 4/23/01 520 SEALED DOCUMENT as to Usama Bin Laden (rp) [Entry date 04/23/01] 4/23/01 521 SEALED DOCUMENT as to Usama Bin Laden (rp) [Entry date 04/23/01] 4/23/01 522 SEALED DOCUMENT as to Usama Bin Laden (rp) [Entry date 04/23/01] 4/23/01 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. All defts (#1,3,4,8) present w/attys. AUSAs Pat Fitzgerald, Ken Karas, Paul Butler present. Sam Schmidt and Joshua Dratel and Kristian Larsen for deft El Hage. Anthony Ricco, Ed Wilford and Carl J. Herman and Sandra BaBack prsent for deft Odeh. Deft David Baugh and Frederick Cohn present for deft Al'Owhali. David Ruhnke and David Stern present for deft K.K. Mohamed. Oral argument held on Al'Owhali's motion to preclude introduction by the Gov't of proffered testimony under Rule 403 of certain Somali related matters. Motion DENIED. Court also grants motion of defts Al'Owhali and K.K. Mohamed to bifuricate the penalty phase of the trial. ( Held before Judge Sand ) (bw) [Entry date 05/01/01] 4/23/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial continued at 10:30 a.m. 4:45 p.m. Charging conference held and adjourned. ( Held before Judge Sand ) (bw) [Entry date 05/01/01] Docket as of February 22, 2002 10:23 pm Page 288 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/23/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. All defendants present. Defendant El Hage motion for mistrial-Denied. Charging conference held and adjourned. (sg) [Entry date 05/09/01] 4/23/01 -- ORAL ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed , Court rules on bifucation issue, motion to bifurcate the death penalty phase of trial is granted. ( Entered by Judge Leonard B. Sand ) (sg) [Entry date 05/09/01] 4/24/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial continued. El Hage motion for mistrial - denied. ( Held before Judge Sand ) (bw) [Entry date 05/01/01] 4/24/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Sand. Deft Odeh witness L'Houssaine Kherchtou testifies through Arabic interpreter Seham susan Larady. Deft El Hage oral motion for mistrial is denied. (sg) [Entry date 05/09/01] 4/25/01 523 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 04/25/01] 4/25/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. ( Before Judge Sand ) (bw) [Entry date 05/01/01] 4/25/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Deft Witness L'Houssaine Kherachtou testifies thru Arabic interpreter Toufic Magid. (sg) [Entry date 05/09/01] 4/25/01 555 Filed Memo-Endorsement on letter dated 4/23/01 to Judge Sand signed by Marion Seltzer as to Mohamed Suleiman Al Nalfi, opposing the govt letter dated 4/12/01 in which the govt seeks permission to censor Newsweek Magazine prior to it being given to Mr. Al Nalfi.... The Court rejects defts contention. Submit revised order including govt's right to review before furnishing to deft. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) [Entry date 06/05/01] Docket as of February 22, 2002 10:23 pm Page 289 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 4/26/01 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Conference held on the Somalia issue and resolution reached. "Testimony of agent Yaccue is stricken." ( Held before Judge Sand ) (bw) [Entry date 05/01/01] 4/26/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial continued and adjourned to 4/30/01. Conference held on special verdict form and concluded. ( Held before Judge Sand ) (bw) [Entry date 05/01/01] 4/26/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Judge with attorney's prior to jury entering ct reason the Somalia issue. Testimony of FBI agent James F. Yacone on 4/23 is stricken. Jury excused at 3:10 PM. Conference held with atty's on special verdict forem and concluded. Jury trial adjourned to 4/30/01. (sg) [Entry date 05/09/01] 4/27/01 556 ORDER as to Mohamed Suleiman Al Nalfi, Upon the application and with the consent of the deft a/k/a Mohamed Adam by his atorney Marion Seltzer, appointed under the Criminal Justice Act for the SDNY, the Court grants Ms. Seltzer authority to delegate substantive tasks in the legal representation of Mr. Al Nalfi to John H. Jacobs, Esq. and Elizabeth Macedonio, Esq, if they obtain security clearance, or to the extent matter delegated does not require clearance. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) [Entry date 06/05/01] 4/30/01 524 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (wv) [Entry date 04/30/01] 4/30/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. 9:15 am conference held on the Somalia issue and as to whetehr deft. El Hage will testify. Jury trial continued. Charging conference continued and concluded Trial adjourned to 5/1/01. (sg) [Entry date 05/09/01] Docket as of February 22, 2002 10:23 pm Page 290 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/1/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. All defendants present with attorneys. Govt. summation begins. (rg) [Entry date 05/11/01] 5/2/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. Govt. summation cont'd. (rg) [Entry date 05/11/01] 5/3/01 525 LETTER addressed to Judge Sand from Attorney David A. Ruhnke, dated 5/2/01, filed by deft Khalfan Khamis Mohamed Re: submitted to seek an order from this Court directing the U.S. to produce certain Brady material relevant to the anticipated penalty phase in this case. (bw) [Entry date 05/03/01] 5/3/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial continued. Govt. summation concludes. Deft. El Hage summation begins-Adj to May 7. (rg) [Entry date 05/11/01] 5/4/01 526 RESPONSE by Mohamed Rashed Daoud Al-'Owhali to government's motion to quash. (mr) [Entry date 05/04/01] 5/7/01 527 TRANSCRIPT of record of proceedings as to Usama Bin Laden for dates of 3/16/01. (tp) [Entry date 05/07/01] 5/7/01 531 SUPPLEMENTAL MEMORANDUM OF LAW by Mamdouh Mahmud Salim in support of his motion to suppress statements. (bw) [Entry date 05/09/01] [Edit date 05/09/01] 5/7/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. Deft. Odeh summation begun and concludes. Deft. Al'Owhali's motion for mistrial-denied. (rg) [Entry date 05/11/01] 5/7/01 503 TRANSCRIPT of record of proceedings before Judge Sand as to Mohamed Suleiman Al Nalfi for dates of March 27, 2001. (dcap) [Entry date 06/05/01] [Edit date 02/21/02] 5/8/01 528 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (wv) [Entry date 05/08/01] Docket as of February 22, 2002 10:23 pm Page 291 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/8/01 529 LETTER filed by U.S.A. as to Khalfan Khamis Mohamed From AUSA'S Michael J. Garcia/Patrick J. Fitzgerald, Dated 5/7/01, Addressed to: Judge Sand Re: The Government respectfully submits this letter in response to the defendant Khalfan Khamis Mohamed's May 2, 2001 letter seeking what defendant characterizes as "certain Brady material relevant to the anticipated penalty phase in this case". (rg) [Entry date 05/08/01] 5/8/01 530 LETTER filed by U.S.A. as to Mohamed Sadeek Odeh From AUSA'S Paul W. Butler, Patrick J. Fitzgerald, Kenneth M. Karas, Michael J. Garcia Dated 4/28/01, Addressed to: Judge Sand Re: The Government respectfully submits this letter in opposition to the motion of defendant Mohamed Sadeek Odeh to dismiss from Count One of the current redacted indictment the overt act in paragraph 12 (e) (herenafter "overt act 12(e)"). (rg) [Entry date 05/08/01] 5/8/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury trial cont'd. Deft. Al'Owhali and Khalfan Khamis. Mohamed summations begun and concluded. Govt't rebuttal summation begins and adjourned to 5/9/01. (rg) [Entry date 05/11/01] 5/9/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial continued. Govt. rebuttal summation concludes. Court charges jury at 11:40 a.m. Trial adjourned to May 10th. (rg) [Entry date 05/11/01] 5/10/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd. Jury charge cont'd and concluded. Deliberations begun at 4 p.m. Trial adjourned to May 11, 2001. The four (4) alternate jurors are temporarily excused. (rg) [Entry date 05/11/01] [Edit date 05/31/01] 5/11/01 532 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 05/11/01] Docket as of February 22, 2002 10:23 pm Page 292 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/11/01 533 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 05/11/01] 5/11/01 534 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 05/11/01] 5/11/01 535 MOTION In Limine by Mohamed Rashed Daoud Al-'Owhali for an order directing the U.S. not to introduce or make mention of any photographs depicting human remains until such as time as there has been a hearing, outside of the presence of the jury, to determine the admissibility of the same. Return date not specified. (bw) [Entry date 05/14/01] 5/11/01 536 LETTER addressed to Judge Sand from Attorney David A. Ruhnke, dated 5/10/01, filed by deft Khalfan Khamis Mohamed Re: submitted in reply to the govt's letter of May 7, over the signature of AUSA Michael J. Garcia, regarding a Brady demand for penalty-phase evidence. (bw) [Entry date 05/14/01] 5/11/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Trial continued. Deliberations cont'd. (sg) [Entry date 05/22/01] [Edit date 05/31/01] 5/14/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Jury deliberations continued. Many exhibits requested. (sg) [Entry date 05/22/01] [Edit date 05/31/01] Docket as of February 22, 2002 10:23 pm Page 293 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/15/01 537 MEMORANDUM by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou in support of motion to quash defendant's subpeona for Madeleine Albright. (mr) [Entry date 05/15/01] 5/15/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Jury deliberations continued oral arguments held on gov't motion to quash subpoea of deft Al Owhali- motion granted (sg) [Entry date 05/22/01] [Edit date 05/31/01] 5/16/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Jury deliberations contineud more exhibits requested. Jury seeks clarification of count 3 on the special verdict form. (sg) [Entry date 05/22/01] [Edit date 05/31/01] 5/17/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Deliberations continued more testimony read back. Conference held between Court accused as to victim impact presentations in the penalty phase. Motion by defts Al'Owhali and Khalfan Khamis Mohamed to preclude use of photographs is denied. (sg) [Entry date 05/22/01] [Edit date 05/31/01] 5/18/01 538 Requests to Charge on behalf of Khalfan Khamis Mohamed - Penalty Phase. (bw) [Entry date 05/18/01] 5/18/01 539 Proposed Mitigating Factors on behalf of Khalfan Khamis Mohamed. (bw) [Entry date 05/18/01] 5/18/01 540 Proposed Introductory Remarks To Penalty Phase on behalf of Khalfan Khamis Mohamed. (bw) [Entry date 05/18/01] 5/18/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Sand. Jury deliberations continued jury seeks clarification of court's charge on pages 77 & 79 dealing with aiding and abetting. Adjourned to 5/21/01. (sg) [Entry date 05/22/01] [Edit date 05/31/01] Docket as of February 22, 2002 10:23 pm Page 294 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/21/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury deliberations cont'd. Testimony of Mwaka Mulwa read to jury. (rg) [Entry date 05/31/01] 5/22/01 541 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou (rp) [Entry date 05/22/01] 5/22/01 542 LETTER filed by Khalfan Khamis Mohamed From David A. Ruhnke, Dated 5/18/01, Addressed to: Judge Sand Re: proposed special verdict form (sg) [Entry date 05/22/01] 5/22/01 543 Jury instructions as to Mohamed Rashed Daoud Al-'Owhali (sg) [Entry date 05/22/01] 5/22/01 544 Final Instructions (sg) [Entry date 05/22/01] 5/22/01 545 RESPONSE by U.S.A. as to Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed to the notices of mitigation factors filed by the capital defendants (sg) [Entry date 05/22/01] 5/22/01 546 Request to Charge by Mohamed Rashed Daoud Al-'Owhali (sg) [Entry date 05/22/01] 5/22/01 547 Mitigation factors for defendant Mohamed Rashed Daoud Al-'Owhali (sg) [Entry date 05/22/01] 5/22/01 548 Special findings and verdict forms Mohamed Rashed Daoud Al-'Owhali penalty phase. (sg) [Entry date 05/22/01] 5/22/01 549 REQUESTED preliminary penalty phase charge on behalf of Mohamed Rashed Daoud Al-'Owhali (sg) [Entry date 05/22/01] 5/22/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Deliberations cont'd. Legal argument held on penalty phase as to R-16 discovery production-discovery resolved. (rg) [Entry date 05/31/01] Docket as of February 22, 2002 10:23 pm Page 295 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/23/01 551 ORDER as to Wadih El Hage. Upon the application of deft Wadih El-Hage, by and through his atty, Sam A. Schmidt, Esq. and pursuant to the Criminal Justice Act: IT IS ORDERED that the expert document examiner, Paul A. Osborn, shall be entitled to an additional $600 compensation for his appearance and testimony on behalf of the deft, Wadih El-Hage. ( Signed on 5/22/01 by Judge Leonard B. Sand ); Copies mailed. (bw) [Entry date 05/24/01] 5/23/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Deliberations cont'd. Hearing held in Robing Room on CIPA issues in the penalty phase. AUSA Michael Garcia and Patrick Fitzgrald present. Also present Gwynn Kinsey from Dept. of Justice, Wash, D.C. Attys' David Ruhuke and David Stern present for deft. KK Mohamed and David Baugh and Frederick Cohn present for deft. Al'Owhali-and concluded. Conference also held in Robing Room dealing with penalty phase issues such as mitigating factors, special finding of intent and special findings of intent and special verdict form and concluded. (rg) [Entry date 05/31/01] 5/23/01 -- Status conference as to Mohamed Suleiman Al Nalfi held before Judge Sand. Deft present. AUSA Michael Garcia. Marion Seltzer and John Jacobs, Esqs' present for deft. Interpreter (Arabic) Andre codouni present. All classified discovery as to this deft will be available to deft's counsel within 2 wks afer counsel receives their security clearance. Gov't may join deft Mamdouh Mahmud Salim in the trial of this case. If deft Salim becomes a co-deft in this case, deft Al Nalfi's atty's may seek a severance. Further conf set for Oct. 9, 2001 at 10 a.m. and with likelihood of atty's for deft Salim present as well. Govt submits order excluding time thru 10/9/01. Deft cont'd remanded. (dcap) [Entry date 06/05/01] 5/23/01 -- Pretrial Conference as to Mohamed Suleiman Al Nalfi set at 10:00 10/9/01 for Mohamed Suleiman Al Nalfi. (dcap) [Entry date 06/05/01] 5/24/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Trial cont'd-deliberations cont'd and adjourned to 5/29/01. (rg) [Entry date 05/31/01] 5/25/01 563 ORDER as to Mohamed Suleiman Al Nalfi, to Continue in Interests of Justice time is excluded from May 23, 2001 to October 9, 2001. ( Signed by Judge Leonard B. Sand ); Copies mailed. (dcap) [Entry date 06/05/01] 5/29/01 557 Proposed Mitigation Factors by Mohamed Rashed Daoud Al-'Owhali. (bw) [Entry date 05/29/01] 5/29/01 559 Proposed Mitigating Factors by Khalfan Khamis Mohamed. (bw) Docket as of February 22, 2002 10:23 pm Page 296 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 05/29/01] 5/29/01 560 MEMORANDUM OPINION # 85658 as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, During the guilt phase of the case, the Court took two actions with respect to venue. First, in a ruling from the bench on 4/23/01, we dismissed for lack of venue Count 308 of the Indictment which alleges a violation of 18 U.S.C. Section 1001(a)(2). Second, in our charge to the jury delivered on 5/9-10/01, we submitted 18 U.S.C. Section 3238 as the sole basis upon which to determine venue for the four conspiracy counts. This opinion sets forth in detail the Court's reasons for those two decisions. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 05/30/01] Docket as of February 22, 2002 10:23 pm Page 297 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/29/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held. Jury deliberations cont'd at 9:15 a.m. 9:30 a.m. conference in Robing Room dealing with death peanlty phase. AUSA Michael Garcia and Patrick Fitzgerald present. Frederick Cohn, Esq. and David Baugh, Esq. present for deft. Al'Owhali. David Ruhnke and David Stern present for deft. Khalfan Khamis Mohamed. By 5/31/01 Govt. to respond to decision of the Constitutional Court of the Republic of South Africa. By 6/1/01 deft. KK Mohamed response -oral argument 6/7/01 at 4:30 p.m. 12:15 p.m. Jury reaches a verdict as to all defts. Jury finds defts' El Hage, Odeh, Al'Owhali and Khalfan Khamas Mohamed guilty on counts 1 and 3. Jury finds defts' Odeh, Al'Owhali and KK Mohamed guilty on count 4. Jury finds defts' El Hage, Odeh, Al'Owhali and KK Mohamed guilty on count 5. Jury finds defts' Odeh and Al'Owhail guilty on count 7. Jury finds deft. KK Mohamed guilty on count 8. Jury finds defts' Odeh and Al'Owhali guilty on count 9. Jury finds deft. KK Mohamed guilty on counts 10. Jury finds defts' Odeh and Al'Owhali guilty on counts 11 thru 223. Jury finds deft KK Mohamed guilty on coutns 224 thru 234. Jury finds defts' Odeh and Al' Owhali guilty on counts 235 thru 275. Jury finds defts' Odeh and Al'Owhali guilty on counts 276. Jury finds deft. KK Mohamed guilty on counts 277, 278 and 279. Jury finds defts' Odeh and Al'Owhali guilty on counts 280, 281 and 282. Jury finds deft. KK Mohamed guilty on count 283. Jury finds defts' Odeh, Al'Owhali and KK Mohamed guilty on count 284. Jury finds defts' Odeh and Al'Owhali guilty on count 285. Jury finds deft. KK Mohamed guilty on count 286. Jury finds deft. El Hage guilty on counts 287, 288, 289, 291 thru 305. PSI ordered for defts' Odeh and El Hage. Attorneys' for Odeh and El Hage request sixty (60) days to file R-29 and 63 motions-granted. A control date for sentencing is set for 8/30/01 as to El Hage and Odeh. All defts' cont'd detained. 2:30 p.m. Jury present-Court delivers its preliminary instruction to jury on the penalty phase of case. Jury exclusion for the day and adjourned to 5/30/01. (rg) [Entry date 06/05/01] 5/29/01 -- Jury trial as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed concluded (rg) [Entry date 06/05/01] 5/29/01 611 Filed Verdict From (Guilt Phase) as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed (rg) [Entry date 08/20/01] 5/29/01 -- JURY VERDICT as to Wadih El Hage Guilty: Wadih El Hage (1) count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss (rg) [Entry date 10/24/01] Docket as of February 22, 2002 10:23 pm Page 298 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/29/01 -- JURY VERDICT as to Khalfan Khamis Mohamed Guilty: Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss (rg) [Entry date 10/24/01] 5/29/01 -- JURY VERDICT as to Mohamed Sadeek Odeh Guilty: Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss (rg) [Entry date 10/25/01] 5/29/01 -- JURY VERDICT as to Mohamed Rashed Daoud Al-'Owhali Guilty: Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss (rg) [Entry date 10/25/01] 5/29/01 558 LETTER filed by U.S.A. as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi From AUSA Michael J. Garcia, Dated May 23, 2001, Addressed to: Hon. Leonard B. Sand, Re: The Government respectfully submits this letter outlining its revised aggravating factors: I. Statutory Aggravating Factors, II. Non-Statutory Aggravating Factors. (dcap) [Entry date 01/30/02] 5/30/01 561 LETTER filed by Khalfan Khamis Mohamed From David A. Ruhnke, Dated 5/29/01, Addressed to: Judge Sand Re: This memorandum is submitted to address some of the outstanding issues that must be resolved prior to the start of any penalty-phase in the case of Khalfan Khamis Mohamed. (rg) [Entry date 05/31/01] 5/30/01 562 LETTER filed by Khalfan Khamis Mohamed as to Khalfan Khamis Mohamed From David A. Ruhnke, Dated 5/28/01, Addressed to: Judge Sand Re: Khalfan Mohamed's removal from South Africa. (rg) [Entry date 05/31/01] 5/30/01 -- Special Hearing (Penalty Phase) begins as to deft. Al'Owhali. Opening statements by Gov't and atty for deft. Al'Owhali. AUSA'S Patrick Fitzgerald and Michael Garcia present. Arabic interpreter-Andre Codani. Atty's Frederick Cohn and David Baugh for deft. Al'Owhali. (rg) [Entry date 06/05/01] Docket as of February 22, 2002 10:23 pm Page 299 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 5/31/01 -- Special Hearing (Penalty Phase) as to Mohamed Rashed Daoud Al-'Owhali cont'd and adj. to 6/4/01. (rg) [Entry date 06/05/01] 6/4/01 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. 8:30 a.m. Conference held in open court-Deft. Al'Owhali allocuted as to whether he wishes to testify on his own behalf on the penalty phase of case. Deft. will not. Special hearing on Penalty phase cont'd as to Al'Owhali. Jury present. Govt. rests. Deft's case begins and adjourned. 4:30 p.m. Charging conference begun and concluded. (rg) [Entry date 06/13/01] 6/5/01 564 ORDER as to Mohamed Rashed Daoud Al-'Owhali, Set motion filing deadline for 8/27/01 for Mohamed Rashed Daoud Al-'Owhali. On the application made by the Defendant, Mohammed al-Owhali, made in open court on the 29th day of May 2001, said application being made in order that there be no chance of jurisdictional defect in making post trial motions including those under Rule 33 of the Federal Rules of Crimimal Procedure, and on consent of the U.S. of America, the defendant's time to make motions including motions in arrest of judgment is enlarged to and including August 27, 2001 and any such motions shall be filed on or before that date. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 06/11/01] 6/5/01 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Special Hearing on penalty phase as to deft. Al'Owhali cont'd. Jury present. Deft. Al'Owhali rests at 10:55 a.m. Gov't rebuttal case begins. Gov't rests at 11:15 a.m. Gov't summation. Deft. Al'Owhali summation begins and concludes at 1:15 p.m. Alt. juror #1277 is discharged. Court charges jury at 2:45 p.m. Jury deliberations begin 4:10 p.m. The (3) alternate jurors are temporarily excused unitl at least 6/18/01. (rg) [Entry date 06/13/01] 6/6/01 565 LETTER filed by Khalfan Khamis Mohamed From David A. Ruhnke, Dated 6/6/01, Addressed to: Judge Sand Re: That the present jury be discharged at the conclusion of its penalty-phase deliberations regarding Mohamed Rashed Daoud al-Owhali, and that a new jury be selected to hear the penalty proceedings regarding Khalfan Khamis Mohamed. (rg) [Entry date 06/11/01] 6/6/01 566 LETTER filed by U.S.A. as to Khalfan Khamis Mohamed From AUSA'S Patrick J. Fitzgerald and Michael J. Garcia, Dated 6/6/01, Addressed to: Judge Sand Re: To address the issues raised by the recent decision of the South African Constitutional Court. (rg) [Entry date 06/11/01] Docket as of February 22, 2002 10:23 pm Page 300 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/6/01 567 ORDER as to Khalfan Khamis Mohamed, Upon the application of David Stern, Esq. pursuant to 28 U.S.C. 1825 (a)(2), and being satisfied that, Amina Salum, is a potential witnesses for whom no other accommodations can be made; It is hereby ordered, that the U.S. Marshall's Service for the Southern District of New York shall pay the transportation, support, and fees for the individual listed above. ( Signed by Judge Leonard B. Sand ); Copies mailed. (rg) [Entry date 06/11/01] 6/6/01 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Jury deliberations cont'd on Special Hearing Penalty Phase. (rg) [Entry date 06/13/01] 6/7/01 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Jury deliberations cont'd on Special Hearing Penalty Phase. Adjourned to June 11, 2001. (rg) [Entry date 06/13/01] 6/11/01 568 LETTER filed by Khalfan Khamis Mohamed From David A. Ruhnke and David Stern Co-counsel to Khalfan Khamis Mohamed , Dated 6/11/01, Addressed to: Judge Sand Re: This memorandum discusses the impact on this case of the May 28, 2001 decision of the Constitutional Court of South Africa. (rg) [Entry date 06/13/01] 6/11/01 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Jury dleiberations cont'd on Special Hearing Penalty Phase as to deft. Al-Owhali. (rg) [Entry date 06/13/01] 6/12/01 -- Status conference as to Mohamed Rashed Daoud Al-'Owhali held. Jury deliberations cont'd and concluded. Jury reaches a verdict on the Special Verdict Form of the Penalty Phase as to defendant Al-'Owhali. "Jury does not unanimously find that the death sentence is appropriate. We (the jury) understand that the consequence of this is that Al-'Owhali will be sentenced to life imprisonment without the possibility of release. Deft. cont'd detained. Court sets sentencing for September 12, 2001 at 10:30 a.m. Pre-sentence report is ordered. (rg) [Entry date 06/13/01] 6/12/01 -- Status conference as to Khalfan Khamis Mohamed held. Gov't attys' Patrick Fitzgerald and Michael Garcia present. David Ruhnke and David Stern, Esqs present for deft. Khalfan Khamis Mohamed. Deft. not present. Oral argument also held re: South African Constitutional Court decision. Deft's attorney may refer to that court's decision in his preliminary (opening) statement. Further conference set for 6/18/01 at 10 a.m. dealing with all issues preliminary to the Khalfan Khamis penalty hearing which commences on 6/19/01 at 9:30 a.m. with the jury present. (rg) [Entry date 06/13/01] Docket as of February 22, 2002 10:23 pm Page 301 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/12/01 574 Filed Special Verdict Form of the Penalty Phase as to defendant Al-'Owhali (Court Exhibit A). (rg) [Entry date 06/19/01] 6/13/01 569 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) [Entry date 06/13/01] 6/14/01 570 ORDER as to Khalfan Khamis Mohamed, the US Marshall's Service for the Southern District of NY shall reimburse David Stern, Esq.for the expenses of room and board accrued by the above individuals upon presentation of receipts. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ac) [Entry date 06/14/01] 6/18/01 571 Proposed Mitigating Factors by defendant's attorneys, David Stern and David Ruhnke. (Revision of 6/17/01). (ph) [Entry date 06/18/01] [Edit date 06/18/01] 6/18/01 572 Proposed Mitigating Factors by defendant's attorneys, David Stern and David Ruhnke. (Revision of 6/18/01). (ph) [Entry date 06/18/01] 6/18/01 573 ORDER as to Mohamed Sadeek Odeh, That William Mann, is appointed as a Para-Legal in the above captioned case at a rate set at Twenty Five ($25.00) dollars per hour nunc pro tunc to 6/5/00. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 06/19/01] 6/18/01 -- Status conference as to Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Sealed proceeding in robing room w/all attys' and concluded. Conference held dealing with proposed preliminary instruction to jury and the question of whether Richard Lind, Esq., attorney for deft. Salim will grant permission to have psychiatric report of Salim be turned over to David Ruhnke, Esq., atty for Khalfan Khamis Mohamed. Conference concluded. (rg) [Entry date 08/21/01] Docket as of February 22, 2002 10:23 pm Page 302 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/19/01 -- Status conference as to Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Special Hearing on Penalty Phase begins as to deft. Khalfan Khamis Mohamed. AUSA Patrick Fitzgerald and Michael Garcia present. David Ruhuke and David Stern present for deft. Khalfan Khamis Mohamed. Deft. present. Court's preliminary instruction to jury and gov't and deft. opening statements begun and concluded. Swahili interpreters' Laura Black and Charles Mironko present. Gov't case begins. Swahili interpreter Beston Mwakaling present for Gov't witnesses Valentyne Katunda, Asha Kambenga, Mohamed Jelwni Mohamed, Judith Mwila. (rg) [Entry date 08/21/01] 6/20/01 575 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Joseph F. Bianco, dated 6/18/01 as to Mamdouh Mahmud Salim, request that the Court allow the following disclosures to the prosecution team in the embassy bombing case and the assault case, as well as the psychiatrist hired by the Government to examine defendant: the transcript of the proceeding before Magistrate Judge Eaton on 10/26/00 and the letters written by defendant to Your Honor...Permission Granted ( Signed by Judge Leonard B. Sand ); Copies mailed. (jb) [Entry date 06/21/01] 6/20/01 -- Status conference as to Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Special Hearing on Penalty Phase cont'd-Jury present-Swahili interpreter Beston Mwakaling present for witness Kulwa Rahadhani. (rg) [Entry date 08/21/01] 6/21/01 576 Filed Memo-Endorsement on letter addressed to Judge Sand from defense attorney Jashua L. Dratel, dated 6/17/01 as to Wadih El Hage, requesting the Court to order the dry cleaning bills as necessary for an adequate defense for defendant at trial....Application Granted ( Signed by Judge Leonard B. Sand ); Copies mailed. (jb) [Entry date 06/21/01] 6/21/01 577 ORDER as to Khalfan Khamis Mohamed, IT IS HEREBY ORDERED that the US Marshal's Service for the Southern District of NY shall pay the transportation, support, and fees for Shaima Dalvie. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ac) [Entry date 06/21/01] 6/21/01 -- Status conference as to Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Special Hearing on penalty Phase cont'd and adjourned to 6/25/01 at 9:30 a.m. Deft. cont'd detained. (rg) [Entry date 08/21/01] Docket as of February 22, 2002 10:23 pm Page 303 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/22/01 578 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) [Entry date 06/22/01] 6/22/01 579 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) [Entry date 06/22/01] 6/22/01 580 SEALED DOCUMENT as to Usama Bin Laden (rp) [Entry date 06/22/01] 6/25/01 -- Special Penalty Phase Hearing continued as to Khalfan Khamis Mohamed held. Jury present. Defendant present with attorney David Ruhuke and David Stein, AUSA Patrick Fitzgerald and Michael Garcia. Swahili interpreter Charles Mironko and Laura Black present. (ph) [Entry date 07/06/01] 6/26/01 581 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, IT IS HEREBY ORDERED, that the United States Marshall's service for the Southern District of New York shall pay the transportation, support, and fees for Abin Dalvie. SO ORDERED. (Signed by Judge Leonard B. Sand); Copies mailed. (ja) [Entry date 06/26/01] 6/26/01 -- Special Penalty Phase Hearing continued as to Khalfan Khamis Mohamed held. Jury present. Government rests. (ph) [Entry date 07/06/01] 6/27/01 -- Penalty Phase Hearing continued as to Khalfan Khamis Mohamed held. Jury present.  (ph) [Entry date 07/06/01] Docket as of February 22, 2002 10:23 pm Page 304 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 6/28/01 -- Penalty Phase Hearing continued and adjourned to 7/2/01 as to Khalfan Khamis Mohamed held. 2:30 conference call held in chambers - all attorneys present and attorney Richard Lind on the telephone. Sealed proceeding on issue of Dr. Kleinman's report as to defendant Salim's mental competency and concluded. (ph) [Entry date 07/06/01] 7/2/01 -- Special Penalty Phase Hearing continued as to Khalfan Khamis Mohamed held. Jury present. Defendant's attorney reads (25) stipulations into the record as well as numerous records. Defendant Khalfan Khamis Mohamed rests. Government rebuttal case begins. No witnesses are called but stipulations are read to jury and numerour exhibits recorded. Government rests at 10:55 a.m. Government summation begins at 11:05 a.m. Defendant's summations begins at 2:25 p.m. Government rebuttal to 3:50 pm. and adjourned to 7/3/01. (ph) [Entry date 07/06/01] 7/3/01 582 Filed Memo-Endorsement on letter dated 6/21/01, as to Usama Bin Laden, from: Frederick H. Cohn, dft's atty, to: Judge Sand, re: request that the firm continues at the rates heretofore set by the Court, $125 per hour for atty time and $50 per hour for paralegal time. Authorization for continued payment at those rates is contained in Chapt VI of Volume VII of the Guide to the Judiciary, Section 6.02B.(2). Endorsement Granted as to writer's firm only. SO ORDERED. (Signed by Judge Leonard B. Sand); Copies mailed. (ja) [Entry date 07/05/01] [Edit date 07/05/01] 7/3/01 -- Penalty Phase Hearing as to Khalfan Khamis Mohamed held. Court charges jury 9:45 a.m. Jury excused at 11:00 a.m. Deliberations begin 7/5/01. (ph) [Entry date 07/06/01] 7/5/01 583 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) [Entry date 07/05/01] 7/5/01 -- Jury trial as to Khalfan Khamis Mohamed held. Jury deliberations begin as to deft Khalfan Khamis Mohamed on the Special Penalty Hearing. Deft present w/atty David Ruhnke and David Stern. AUSAs Fitzgerald and Garcia present - adjourn to 7/9/01. Deft continued remanded. ( Held before Judge Sand ) (bw) [Entry date 07/12/01] 7/6/01 584 TRANSCRIPT of record of proceedings as to Mohamed Suleiman Al Nalfi for dates of 5/23/01 before Judge Leonard B. Sand . (ph) [Entry date 07/06/01] Docket as of February 22, 2002 10:23 pm Page 305 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 7/9/01 -- Jury trial as to Khalfan Khamis Mohamed held. Jury deliberations continued and adjourned to 7/10. ( Held before Judge Sand ) (bw) [Entry date 07/12/01] 7/10/01 -- Jury trial as to Khalfan Khamis Mohamed concluded. Jury deliberations continued. Jury deliberations continued and concluded. Jury reaches a verdict on the Special Verdict Form of the Penalty Phase as to deft Khalfan Khamis Mohamed. "We, the jury, are unable to reach a unanimous verdict either in favor of a life sentence or in favor of a death sentence, for any of the capital counts. We understand that the consequence of this is that Khalfan Khamis Mohamed will be sentenced to life imprisonment without the possibility of release." (See attached Special Verdict Form). Deft remanded. ( Held before Judge Sand ) .... cont'd. PreSentence Investigation ordered as to deft Khalfan Khamis Mohamed. Sentence set for Sept. 19, 2001 at 10:30 a.m. (bw) [Entry date 07/12/01] [Edit date 07/13/01] 7/10/01 585 PENALTY PHASE, SPECIAL VERDICT FORM by U.S.A. as to Khalfan Khamis Mohamed. (bw) [Entry date 07/12/01] 7/10/01 -- Court Orders pre-sentence investigation as to Khalfan Khamis Mohamed. (bw) [Entry date 07/13/01] 7/10/01 -- ORAL ORDER as to Khalfan Khamis Mohamed. SET Sentencing for 10:30 a.m. 9/19/01 for Khalfan Khamis Mohamed. ( Entered Judge Leonard B. Sand ) (bw) [Entry date 07/13/01] 7/17/01 586 Filed Memo-Endorsement on letter dated 6/28/01, as to Mohamed Rashed Daoud, Al-'Owhali, from: Frederick H. Cohn, counsel for defendant, to: Judge Sand, re: a request for authorization to retain the services of a psychiatrist for evaluative purposes in assisting the Probation Department in preparing a Presentence Investigation Report. Approved without Government objection. (Signed by Judge B. Sand); Copies mailed. (ja) [Entry date 07/17/01] 7/17/01 587 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) [Entry date 07/18/01] Docket as of February 22, 2002 10:23 pm Page 306 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 7/23/01 588 MEMORANDUM OPINION # 85862 as to Khalfan Khamis Mohamed, For the foregoing reasons, Khalfan Khamis Mohamed's request that the Court direct the Government to discontinue its capital case against him is denied and his request that he be permitted to present the decision of the Constitutional Court of South Africa as a mitigating factor is granted to the extent set forth above. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 07/23/01] 7/26/01 589 LETTER filed by U.S.A. as to Mamdouh Mahmud Salim From AUSA Kenneth M. Karas, Dated June 29, 2001, Addressed to: Judge Sand Re: the Government's opposition, in response to the defendant's motion to suppress all statements made after his arrest in September 1998. (jb) [Entry date 07/26/01] 7/26/01 590 LETTER filed by Mamdouh Mahmud Salim as to Mamdouh Mahmud Salim From defense attorney Allan P. Haber, Dated July 20, 2001, Addressed to: Judge Sand Re: defendant's reply to the Government's June 29, 2001 opposition to the motion to suppress statements the defendant made to American and German officials following his arrest in 1998. (jb) [Entry date 07/26/01] 8/2/01 591 Filed Memo-Endorsement on letter dated 7/24/01, as to Usama Bin Laden, from: Joshua L. Dratel, dft's atty, to: Judge Sand, re: request to extend time for submission of motions until 8/13/01 and set scheduling order deadlines: Motion Filing to 8/13/01 for Usama Bin Laden. GRANTED. (Signed by Judge Leonard B. Sand); Copies mailed. (ja) [Entry date 08/02/01] 8/8/01 592 ORDER as to Mohamed Suleiman Al Nalfi, that John H. Jacobs, Esq., be appointed pursuant to the Criminal Justice Act to represent Mr. al Nalfi in the above-referenced case nunc pro tunc to 2/1/01, and that Mr. Jacobs submit his requests for payment on a separate CJA voucher from that of co-counsel Marion Seltzer. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 08/09/01] 8/9/01 593 Filed Memo-Endorsement on letter addressed to Judge Sand from defense counsel Marion Seltzer, dated August 1, 2001 as to Mohamed Suleiman Al Nalfi, requesting an Order signed to reimburse the attorney for money spent for the delivery of a Arabic magazine and newspaper to the defendant....GRANTED (Signed by Judge Leonard B. Sand); Copies mailed. (jb) [Entry date 08/09/01] Docket as of February 22, 2002 10:23 pm Page 307 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/13/01 594 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of February 20,21,22,26,27, 2001 before Judge Leonard B. Sand. (ph) [Entry date 08/13/01] 8/13/01 595 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of February 28, 2001 and March 1, 7, 8, 12, 2001 before Judge Leonard B. Sand. (ph) [Entry date 08/13/01] 8/13/01 596 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of May 3,7,8,9,10,11, 2001 before Judge Leonard B. Sand. (ph) [Entry date 08/13/01] 8/13/01 597 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of June 25, 26, 27, 28, 29, 2001 and July 2, 3, 5, 2001 before Judge Leonard B. Sand. (ph) [Entry date 08/13/01] Docket as of February 22, 2002 10:23 pm Page 308 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/13/01 598 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi. Date of: January 31, 2001. (jb) [Entry date 08/13/01] [Edit date 08/13/01] 8/13/01 599 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of June 5,6,7,8,11,12,18,19,20,21, 2001. (jb) [Entry date 08/13/01] 8/13/01 600 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of April 25,26,30 2001 and May 1,2,3 2001. (jb) [Entry date 08/13/01] 8/13/01 601 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of December 12,14 2000. (jb) [Entry date 08/13/01] Docket as of February 22, 2002 10:23 pm Page 309 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/13/01 602 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of February 5,6,7,13,14,15,16 2001. (jb) [Entry date 08/13/01] 8/13/01 603 TRANSCRIPT of record of proceedings (Hearing) as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of January 19, 2001. (jb) [Entry date 08/13/01] [Edit date 08/13/01] 8/13/01 604 TRANSCRIPT of record of proceedings (Voir Dire) as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of January 3,4,5,8,9,10,11,12,16 2001. (jb) [Entry date 08/13/01] [Edit date 08/13/01] 8/13/01 605 TRANSCRIPT of record of proceedings as to Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, Wadih El Hage for dates of March 13,14,19,20,21, 22, 2001 before Hon. Leonard Sand. (ac) [Entry date 08/13/01] [Edit date 08/13/01] 8/13/01 606 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of March 26,27,29, April 2,3,4,12, 2001 before Hon. Leonard Sand. (ac) [Entry date 08/13/01] [Edit date 08/13/01] 8/13/01 607 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of April 16,17,18,23,24, 2001 before Hon. Leonard Sand. (ac) [Entry date 08/13/01] Docket as of February 22, 2002 10:23 pm Page 310 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/13/01 608 TRANSCRIPT of record of proceedings for dates of May 14,15,16,17,18,21,22,23,24,29,30,31 and June 4, 2001 as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed before Hon. Leonard Sand. (ac) [Entry date 08/13/01] 8/16/01 610 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, in light of the Government's position in their letter dated July 26, 2001, the Court's approval of the letter dated July 20, 2001, from Allen Haber, Esq., requesting document translation into Arabic, is hereby withdrawn pending further approval by the Court. (Signed by Judge Leonard B. Sand) Copies mailed. (jb) [Entry date 08/17/01] 8/24/01 612 Filed Memo-Endorsement on Notice of Motion, dated 8/24/01, as to Mamdouh Mahmud Salim denying [212-1] motion A) An Order pursuant to Rule of the FRCP, 18 USC Section 3501, and the Fifth and Sixth Amendments to the U.S. Constitution suppressing evidence of alleged post-arrest statements of the accused, and a pre-trial hearing upon the motion, mooting [212-2] motion B) An Order pursuant to Rule 14 of the FRCP granting deft Salim a severance of his trial from those of his codefendants. Although Mr. Salim would prefer an early trial, if severance depends upon his willingness to consent to a delay, he would agree to do so, denying [111-3] motion to suppress physical evidence and derivative fruits, [111-4] motion to suppress alleged statement of accused, denying [111-5] motion to suppress evidence consisting of both in court and out of court identification. Endorsement Motion for suppressing denied per opinion this date. Motion for severance deemed as moot. SO ORDERED. (Signed by Judge Leonard B. Sand); Copies mailed. (ja) [Entry date 08/24/01] 8/24/01 613 MEMORANDUM OPINION # 86021 as to Mamdouh Mahmud Salim, for all of the foregoing reasons, Defendant Salim's motion to suppress is denied in its entirety. SO ORDERED. (Signed by Judge Leonard B. Sand ); Copies mailed. (ja) [Entry date 08/27/01] 8/24/01 614 POST-TRIAL MEMORANDUM OF LAW by Mohamed Rashed Daoud Al-'Owhali in support of the judgment of conviction should be vacated, the indictment dismissed, and all other relief deemed just and appropriate by this Court. (ja) [Entry date 08/28/01] Docket as of February 22, 2002 10:23 pm Page 311 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/24/01 615 NOTICE OF MOTION IN SUPPORT OF DEFENDANT Mohamed Rashed Daoud Al-'Owhali Post-Trial Motions Pursuant to Rules 29(c) & 33, FED.R.CRIM.P., AND FOR SUPPRESSION OF EVIDENCE. PLEASE TAKE NOTICE, that the Defendant Mohamed al-'Owhali will move before the Honorable Leonard B. Sand, United States District Judge for the Southern District of New York, at the United States Crthse located at 500 Pearl Street, New York on or about 9/19/00, at 9:30 a.m., or as soon thereafter as counsel may be heard, for the following relief: a judgment of acquital pursuant to Rule 29(c), Fed.R.Crim.P.; a new trial pursuant to Rule 33, Fed.R.Crim.P.; suppression of statements made Nairobi, Kenya, and/or an evidentiary hearing on the issue; and leave to join his co-defendants' motion to the extent they benefit him; as well as for any such other and further relief as to the Court seems just and proper. join. Return date 9/19/00. (ja) [Entry date 08/28/01] 8/30/01 616 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of 12/11/00. (yv) [Entry date 08/30/01] [Edit date 02/22/02] 8/30/01 617 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of 1/2/01. (yv) [Entry date 08/30/01] [Edit date 02/22/02] 8/30/01 618 TRANSCRIPT of record of proceedings as to Mohamed Rashed Daoud Al-'Owhali for dates of 12/12/00. (yv) [Entry date 08/30/01] [Edit date 02/22/02] 8/30/01 619 TRANSCRIPT of record of proceedings as to Wadih El Hage for dates of 12/15/00. (yv) [Entry date 08/30/01] [Edit date 02/22/02] 8/30/01 620 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim, Mohamed Rashed Daoud Al-'Owhali for dates of 12/20/00. (yv) [Entry date 08/30/01] [Edit date 02/22/02] 8/30/01 621 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of 12/15/00. (yv) [Entry date 08/30/01] [Edit date 02/22/02] 8/30/01 622 TRANSCRIPT of record of proceedings as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed for dates of 12/6/00. (yv) [Entry date 08/30/01] [Edit date 02/22/02] 8/30/01 623 TRANSCRIPT of record of proceedings as to Mohamed Rashed Daoud Al-'Owhali for dates of 11/13/00. (yv) [Entry date 08/30/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 312 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 8/30/01 624 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim, Mohamed Rashed Daoud Al-'Owhali for dates of 12/20/00. (yv) [Entry date 08/30/01] [Edit date 02/22/02] 9/4/01 625 Filed Memo-Endorsement on letter addressed to Judge Sand from AUSA Kenneth M. Karas, dated September 3, 2001 as to Wadih El Hage, Mohamed Rashed Daoud Al-'Owhali, requesting the Court for permission to respond to the post-trial motions of defendant Hage and al-'Owhali by Friday, September 14, 2001...GRANTED (Signed by Judge Leonard B. Sand); Copies mailed. (jb) [Entry date 09/04/01] [Edit date 02/22/02] 9/5/01 626 Filed Memo-Endorsement on letter addressed to Judge Sand from defense counsel Allan P. Haber, dated August 14, 2001 as to Mamdouh Mahmud Salim, submitted in response to the Government's July 26, 2001 opposition letter, requesting immediate discovery and early translations into Arabic, so that the defendant can participate in his defense....Application DENIED without prejudice to renewal when a trial scheduling conference is held. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) [Entry date 09/05/01] [Edit date 02/22/02] 9/24/01 -- ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Mamdouh Mahmud Salim, Mohamed Suleiman Al Nalfi ...that request for a 30-day exclusion from today, September 17, 2001, purs. to Title 18 U.S.C. Sec. 3161(h) (8) (A) is hereby granted for all criminal cases in which an indictment or information has been filed and is pending,..., Continuing due to extraordinary circumstances, time is excluded from 9/17/01 to 10/17/01 ( Signed by Chief Judge Michael B. Mukasey ); [Original filed in M10-468 Document No. 22] (wdc1) [Entry date 10/02/01] 9/25/01 627 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) [Entry date 09/25/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 313 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/2/01 628 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) [Entry date 10/02/01] [Edit date 02/22/02] 10/2/01 629 MEMORANDUM AND ORDER as to Wadih El Hage, Mohamed Rashed Daoud Al-'Owhali denying [615-2] motion a new trial pursuant to Rule 33, Fed.R.Crim.P. as to Mohamed Rashed Daoud Al-'Owhali (4), denying [615-3] motion suppression of statements made Nairobi, Kenya, and/or an evidentiary hearing on the issue as to Mohamed Rashed Daoud Al-'Owhali (4). El-Hage's request for a hearing is also denied. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 10/02/01] [Edit date 02/22/02] 10/2/01 630 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (rp) [Entry date 10/02/01] [Edit date 02/22/02] 10/4/01 631 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) [Entry date 10/04/01] [Edit date 02/22/02] 10/9/01 -- Pretrial Conference as to Mohamed Suleiman Al Nalfi held before Judge Leonard B. Sand. Deft Al Nalfi present w/ Atty's Marcia Seltzer and John Jacobs. AUSA's Ken Karas and Joseph Bianco. Arabic interpreter Andre Codouni present. Conference concluded. Further status conference 11/13/01 at 10:00am. Govt submits order excluding time from 10/9/01 to 11/13/01. Deft continued detained. (ac) [Entry date 10/10/01] 10/9/01 -- Status conference as to Mohamed Suleiman Al Nalfi set at 10:00 11/13/01 for Mohamed Suleiman Al Nalfi (ac) Docket as of February 22, 2002 10:23 pm Page 314 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Entry date 10/10/01] 10/10/01 632 ORDER as to Mohamed Suleiman Al Nalfi, pursuant to the Speedy Trial Act, 18 U.S.C. section 3161(h)(8)(A), all time running from 10/9/01 until 11/13/01 shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendants in a speedy trial, particularly in light of: (i) the voluminous discovery in this matter; (ii) the complexity of the case which involved an alleged international terrorism conspiracy spanning a number of years; (iii) the need to review classified material; and (iv) the need for defendant to consider and prepare future pre-trial motions, and the need to conduct any hearings on the same motions. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 10/10/01] [Edit date 02/22/02] 10/11/01 633 SEALED DOCUMENT as to Usama Bin Laden (rp) [Entry date 10/11/01] [Edit date 02/22/02] 10/17/01 -- Pre-Sentencing Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Deft. El Hage present with attorney's Sam Schmidt and Joshua Dratel. Deft. Al-'Owhali present with attorney's Frederick Cohn and Laura Gasiovowski. Deft. Odeh present with attorney's Anthony Ricco and Edward Wilford. Arabic Interpreters: Andrew Codouni, Aziz Ismail, Taufic Maged present. Conference held has to 1) contents of PreSentence Report. 2) issues related to Restitution 3) 3 point enhancements for role in offense and victim related adjustments, etc. All issues dealing with downward departures will be held on 10/18/01. All (3) deft's cont'd detained. (jb) [Entry date 10/19/01] 10/18/01 -- Sentencing held: Wadih El Hage (1) count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss. (bw) [Entry date 10/24/01] Docket as of February 22, 2002 10:23 pm Page 315 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/18/01 -- DISMISSAL of Count(s) on Government Motion as to Wadih El Hage. Counts Dismissed: Wadih El Hage (1) count(s) 1ssssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1-8, 2ssssssss, 2sssssss, 2ssssss, 3ssssssss, 3ssssss, 4ssssssss, 4ssssss, 5ssssssss, 5ssssss, 6ssssssss, 6sssssss, 6ssssss, 7ssssssss, 8ssssssss, 9ssssssss, 9-11, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 228sssss-235sssss, 228ssss-235ssss, 228sss-235sss, 228ss-235ss, 228s-235s, 235ssssssss-275ssssssss, 236sssss, 236ssss-238ssss, 236sss-238sss, 236ss-238ss, 236s-238s, 237sssss, 238sssss, 245ssssss-264ssssss, 265ssssss-267ssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 290sssssss, 306ssssssss-308ssssssss, 306sssssss-308sssssss. (bw) [Entry date 10/24/01] 10/18/01 -- Sentencing held Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss (jb) [Entry date 10/25/01] 10/18/01 -- Sentencing held Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss (ac) [Entry date 10/25/01] 10/18/01 -- Sentencing held Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss. (ja) [Entry date 10/26/01] Docket as of February 22, 2002 10:23 pm Page 316 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/19/01 634 ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, Order of Restitution. The Court hereby, finds that although the above-named defendants are presently assumed to be without assets and will be subject to long terms of imprisonment, there is a reasonable possibility that they or some of them may generate income in the future from the sale to the media of accounts of their crimes, and there is a reasonable possibility that they or some of them may be found to own or have control of assets as yet undisclosed. As to the victims listed on the attached schedule and the U.S., it is hereby (i) ORDERED, ADJUDGED, AND DECREED that the above-named defendants jointly and severally pay restitutuion, in the amount set forth as the present value of lost income in the attached Schedule of Loss of Income, to the respective members of the victim's estate, or family member, as set forth in that schedule, and it is further (ii) ORDERED, ADJUDGED, AND DECREED that the above-named defendant's jointly and severally pay restitution to the U.S. in partial restitution for the August 1998 destruction of the embassies of the United States in Nairobi and Dar-es-Salaam in the amount of $26,300,000, and as provided in Section 3664(h)(i) all other victims shall receive restitution before the United States receives any restitution. Furthermore, it is hereby ORDERED, ADJUDGED AND DECREED that this Order of Restitution shall be without prejudice to the recovery of any other damages that any victim of the crimes committed by the above named defendants may seek in any other proceeding, which recoveries shall be credited against the amounts awarded hereunder; and it is further ORDERED ADJUDGED and DECREED that each defendant shall notify the Court and the Attorney General of any material change in his economic circumstances that might affect the defendant's ability to pay restitution. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 10/19/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 317 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/19/01 635 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Pursuant to prior Orders of this Court, there were purchased with government funds, sixteen (16) laptop computers, fourteen (14) of which were loaned to the individuals listed on Exhibit "A" attached hereto. These computers are now to be turned over to Frederick H. Cohn, Esq. who turn to deliver them to Leonard Joy, the Public Defender, except that Allan Haber and Irving Cohen may continue to hold said computers during their representation of Defendant Salim. These computers are, amd at all relevant times have been, and will remain the property of the United States Government. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) [Entry date 10/19/01] [Edit date 02/22/02] 10/19/01 636 NOTICE OF APPEAL by Mohamed Rashed Daoud Al-'Owhali ; from ; the Judgment entered in this action on 10/18/01. Copies mailed to the attorneys of record: A.U.S.A. *(CJA)*. (rmo) [Entry date 10/19/01] [Edit date 02/22/02] 10/19/01 -- Notice of Appeal with copy of order/judgment and two copies of docket entries as to Mohamed Rashed Daoud Al-'Owhali transmitted to USCA re: [636-1] appeal on 10/19/01. (rmo) [Entry date 10/19/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 318 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/22/01 637 FILED JUDGMENT in a Criminal Case (S7-98-Cr-1023-01). Defendant present with attorney Sam A. Schmidt and Joshua L. Dratel. Defendant Wadih El Hage (1) was found guilty on count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss after a plea of not guilty. All Open Counts of Indictments' are dismissed on the motion of the United States. The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total of LIFE IMPRISONMENT on counts 1 and 3; TWENTY(20) YEARS on count 5, to run concurrently with counts 1 and 3; FIVE(5) YEARS on counts 287,288,289 and 291 thru 305 to run concurrently with each other and concurrently to counts 1,3 and 5. Defendant notified of right to appeal conviction and sentence. The defendant is remanded to the custody of the United States Marshal. Upon release from imprisonment, the defendant shall be on supervised release for a term of FIVE(5) YEARS on counts 1 and 3, and THREE(3) YEARS on counts 5,287,288,289 and counts 291 thru 305. All terms to run concurrently with each other. The above drug testing condition (p.3 of judgment) is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921. The defendant shall pay an assessment of $2,100.00 in full immediately. The defendant shall pay a restitution in the amount of $33,816,561.75. Special instructions regarding the payment of criminal monetary penalties: Defendant to make restitution as directed by Order of this Court dated 10/18/01.; Judgment and Commitment issued to U.S. Marshal. ( Signed by Judge Leonard B. Sand ). [ copy of Order of Restitution, dated 10/18/01, attached ]. Docketed as a Judgment, #01,1901, on 10/24/01. (bw) [Entry date 10/24/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 319 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/22/01 -- DISMISSAL of Count(s) on Government Motion as to Khalfan Khamis Mohamed Counts Dismissed: Khalfan Khamis Mohamed (8) count(s) 1ssssss, 1sssss, 1sss, 1ss, 1s, 1, 2ssssss, 3ssssss, 3sssss, 3sss, 3ss, 3s, 3, 4ssssss, 4sssss, 4sss, 5ssssss, 5sssss, 5sss, 6ssssss, 6sssss, 6ssss, 6sss, 7ssssss, 7sss-8sss, 8ssssss, 8sssss, 9ssssss, 9sss-10sss, 10ssssss, 10sssss, 11ssssss-223ssssss, 11sss-233sss, 217ss-227ss, 217s-227s, 217-227, 224ssssss-234ssssss, 224sssss-234sssss, 234sss-235sss, 235ssssss-275ssssss, 236sss-237sss, 238sss-239sss, 240sss-241sss, 242sss, 243sss-244sss, 276ssssss, 277ssssss-278ssssss, 277sssss-279sssss, 279ssssss, 280ssssss-281ssssss, 282ssssss, 283ssssss, 283sssss, 284ssssss, 284sssss, 285ssssss, 286ssssss, 286sssss, 287ssssss-305ssssss, 306ssssss-308ssssss (jb) [Entry date 10/25/01] 10/22/01 638 FILED JUDGMENT in a CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). Defendant Khalfan Khamis Mohamed (8) was found GUILTY on count(s) 1ssss, 3ssss, 4ssss, 5ssss, 8ssss, 10ssss, 224ssss thru 234ssss, 277ssss, 278ssss, 279ssss, 283ssss, 284ssss and 286ssss. Special Assessment: $2,300.00, due immediately. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,8,10,224 thru 234,277,278, 279 and 283; followed by a mandatory TEN (10) Years imprisonment on count 284 and a mandatory THIRTY (30) Years on count 286, to be served CONSECUTIVELY to the above-referened counts. Supervised Release: FIVE (5) Years on counts 1,3,4,5,8,10,224 thru 234,277,278,279,283 and 286 to run CONCURRENTLY with each other and THREE (3) Years on count 284 to run CONCURRENTLY with all other counts. On the remaining indictments, Deft. Khalfan Khamis Mohamed (8); open count(s) 1ssssss, 1sssss, 1sss 1ss, 1s, 1, 2ssssss, 3sss, on all (S) Indictments are dismissed on the motion of the United States. The defendant is remanded to the custody of the United States Marshal. The drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm. The defendant shall comply with the directives of the Immigration and Naturalization Service and the Immigration Laws. The defendant is to make restitution as directed by ORDER of this Court dated October 18, 2001. The defendant is to pay restitution jointly and severally to the United States Government in partial restitution for destruction of U.S. embassies in South Africa; and to the victims' family members, in the total amount of $33,816,561.75. Defendant is notified of his right to appeal conviction and sentence. Judgment and Commitment issued to U.S. Marshal. Docketed as a judgment #01,1921 on 10/26/01. (Signed by Judge Leonard B. Sand). (jb) [Entry date 10/25/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 320 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/23/01 639 Filed Memo-Endorsement on letter to Judge Sand dated 10/19/01 from Sam A. Schmidt as to Wadih El Hage, requesting permission to continue to retain the laptop computers provided to assist in the defense in the above case...Permission granted to retain laptop computers for use on appeal. Permission deferred on request to continue representation. Must submit a proposed order. So ordered. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 10/24/01] [Edit date 02/22/02] 10/23/01 -- DISMISSAL of Count(s) on Government Motion as to Mohamed Rashed Daoud Al-'Owhali, Counts Dismissed: Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssssss, 1sssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 2ssssssss, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3ssssssss, 3sssssss, 3sssss, 3ssss, 3sss, 4ssssssss, 4sssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s-227s, 4-227, 5ssssssss, 5sssssss, 5sssss, 6ssssssss, 6sssssss, 6ssssss, 6sssss, 7ssssssss, 7sssssss, 7sssss-8sssss, 8ssssssss, 8sssssss, 8ssssss, 9ssssssss, 9sssssss, 9sssss-10sssss, 10ssssssss, 10sssssss, 10ssssss, 11ssssssss-223ssssssss, 11sssssss-223sssssss, 11sssss-233sssss, 217ssss-227ssss, 217sss-227sss, 217ss-227ss, 224ssssssss-234ssssssss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235ssssssss-275ssssssss, 235sssssss-275sssssss, 236sssss-237sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, 276sssssss, 277ssssssss-278ssssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssssss, 279ssssss, 280ssssssss-281ssssssss, 280sssssss-282sssssss, 283ssssssss, 283sssssss, 283ssssss, 284ssssssss, 285ssssssss, 285sssssss, 286ssssssss, 286sssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss. (ja) [Entry date 10/26/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 321 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/23/01 640 FILED JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). The defendant Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1ssssssss, 1sssssss, 1sssss, 1ssss, 1sss, 1ss, 1, 2ssssssss, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3ssssssss, 3sssssss, 3sssss, 3ssss, 3ss, 4ssssssss, 4sssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s-227s, 4-227, 5ssssssss, 5sssssss, 5sssss, 6ssssssss, 6sssssss, 6sssssss, 6sssss, 7ssssssss, 7sssssss, 7sssss-8sssss, 8ssssssss, 8sssssss, 8ssssss, 9ssssssss, 9sssssss, 9sssss-10sssss, 10ssssssss, 10sssssss, 10ssssss, 11ssssssss-223ssssssss, 11sssssss-223sssssss, 11sssss-233sssss, 21ssss-227ssss, 217sss-227sss, 217ss-227ss, 224ssssssss-234ssssssss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235ssssssss-275ssssssss, 235sssssss-275sssssss, 236sssss-237sssss, 240sssss-241sssss, 242sssss, 243sssss-24sssss, 276sssssss, 277ssssssss-278ssssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssssss, 279ssssss, 280ssssssss-281ssssssss, 280sssssss-282sssssss, 283ssssssss, 283sssssss, 283ssssss, 284ssssssss, 285ssssssss, 285sssssss, 286ssssssss, 286sssssss, 287ssssssss-305ssssssss 306ssssssss-308ssssssss. All Open Counts on All (s) Indictments are dismissed on the motion of the United States. The defendant Mohamed Rashed Daoud Al-'Owhali (4) was found guilty on count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss thru 223ssssss, 235ssssss thru 275ssssss, 276ssssss, 280ssssss, 281ssssss, 282ssssss, 284ssssss, 285ssssss after a plea of not guilty. The defendant is sentenced as provided in pages 2 through 6 of this judgment. This sentence is imposed pursuant to the Sentencing Reform Act of 1984. Imprisonment: LIFE IMPRISONMENT on counts 1,3,4,5,7,9,11 thru 223, 235, thru 275, 276, 280, 281, 282 to be followed by a mandatory TEN (10) Years imprisonment on count 284 to be served CONSECUTIVELY to the above referenced counts, followed by a mandatory minimum of THIRTY (30) Years imprisonment on count 285 to be served CONSECUTIVELY to the above-referenced counts. Defendant notified of right to appeal conviction and sentence. The defendant is remanded to the custody of the United States Marshal. Supervised Release: 5 Years on counts 1,3,4,5,9,11 thru 223, 235 thru 275,276,280,281,282 and 285 and three (3) years on count 284. All counts to run consecutively with each other. SPECIAL CONDITION OF SUPERVISED RELEASE: 1) defendant shall comply with directives of the Immigration and Naturalization Service and the immigration laws. The above drug testing condition is suspended based on the courts determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm as defined in 18 U.S.C. Sec. 921. Assessment: $26,600.00 which shall be due in full immediately. Restitution: $33,816,561.75. Judgment and Commitment issued to U.S. Marshal. (Signed by Judge Leonard B. Sand). Docketed as a Judgment, #01,1968, on 10/30/01. (ja) [Entry date 10/26/01] Docket as of February 22, 2002 10:23 pm Page 322 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Edit date 02/22/02] 10/24/01 -- DISMISSAL of Count(s) on Government Motion as to Mohamed Sadeek Odeh Terminated motions: Counts Dismissed: Mohamed Sadeek Odeh (3) count(s) 1ssssssss, 1sssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1, 2ssssssss, 2ssss, 2sss, 2ss-3ss, 2s-3s, 2-3, 3ssssssss, 3sssssss, 3sssss, 3ssss, 3sss, 4ssssssss, 4sssssss, 4sssss, 4ssss-216ssss, 4sss-216sss, 4ss-216ss, 4s-227s, 4-227, 5ssssssss, 5sssssss, 5sssss, 6ssssssss, 6sssssss, 6ssssss, 6sssss, 7ssssssss, 7sssssss, 7sssss-8sssss, 8ssssssss, 8sssssss, 8ssssss, 9ssssssss, 9sssssss, 9sssss-10sssss, 10ssssssss, 10sssssss, 10ssssss, 11ssssssss-223ssssssss, 11sssssss-223sssssss, 11sssss-233sssss, 217ssss-227ssss, 217sss-227sss, 217ss-227ss, 224ssssssss-234ssssssss, 224sssssss-234sssssss, 224ssssss-234ssssss, 234sssss-235sssss, 235ssssssss-275ssssssss, 235sssssss-275sssssss, 236sssss-237sssss, 238sssss-239sssss, 240sssss-241sssss, 242sssss, 243sssss-244sssss, 276ssssssss, 276sssssss, 277ssssssss-278ssssssss, 277sssssss-279sssssss, 277ssssss-278ssssss, 279ssssssss, 279ssssss, 280ssssssss-281ssssssss, 280sssssss-282sssssss, 282ssssssss, 283ssssssss, 283sssssss, 283ssssss, 284ssssssss, 284sssssss, 285ssssssss, 285sssssss, 286ssssssss, 286sssssss, 286ssssss, 287ssssssss-305ssssssss, 306ssssssss-308ssssssss (ac) [Entry date 10/25/01] Docket as of February 22, 2002 10:23 pm Page 323 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/24/01 641 FILED JUDGMENT IN A CRIMINAL CASE (For offenses committed on or after Nov 1, 1987). Deft Mohamed Sadeek Odeh (3) was found guilty on count(s) 1,3,4,5,7,9, 11 thru 223, 235 thru 275, 276, 280, 281, 282, 284, 285. All open counts on all (S) Indictments are dismissed on the motion the United States. Special Assessment: $26,600.00 due immediately. Imprisonment: Life imprisonment on counts 1,3,4,5,7,9,11 thru 223,235 thru 275,276,280,281,282, to be followed by a mandatory 10 years imprisonment on count 284 to be served consecutively to the above referenced counts, followed by a mandatory 30 years imprisonment on count 285 to be served consecutively to the above referenced counts; Supervised Release: 60 months on counts 1,3,4,5,7,911 thru 223, 235 thru 275,276,280,281,282 and 285 and 36 months on count 284. All counts to run concurrently with each other. The Deft is remanded to the custody of the US Marshal. The above drug testing conditions are suspended based on the Court's determination that the Deft poses a low risk of future substance abuse. The Deft shall not possess a firearm. The Deft shall make restitution in the amount of $33,816,561.75. The Deft shall make restitution to the following payees in the amounts listed below: Victims family members-$7,516,561.00; United States Government-$26,300,000.00. Deft to make restitution as directed by order of this Court dated 10/18/01. Judgment and Commitment issued to U.S. Marshal. Docketed as a Judgment #01,1967 on 10/30/01. ( Signed by Judge Leonard B. Sand ) (ac) [Entry date 10/25/01] [Edit date 02/22/02] 10/24/01 642 NOTICE OF APPEAL by Mohamed Sadeek Odeh Mohamed Sadeek Odeh (3) count(s) 1ssssss, 3ssssss, 4ssssss, 5ssssss, 7ssssss, 9ssssss, 11ssssss-223ssssss, 235ssssss-275ssssss, 276ssssss, 280ssssss-281ssssss, 282ssssss, 284ssssss, 285ssssss; from; the judgment entered in this action on 10/18/01. Copies mailed to attorney(s) of record: A.U.S.A. *(Filed by CJA)*. (sb) [Entry date 10/29/01] [Edit date 02/22/02] 10/25/01 643 Filed Memo-Endorsement on letter dated 10/23/01 from Frederick Cohen to Judge Sand as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, requesting that there be no charge for a copy of the docket of the above captioned case....No charge shall be imposed for copying of the docket as above requested...So Ordered. Signed by Judge Leonard B. Sand ); Copies mailed. (ac) [Entry date 10/29/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 324 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/25/01 644 NOTICE OF APPEAL by Wadih El Hage Wadih El Hage (1) count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss; from; the judgment entered in this action on 10/18/01. Copies mailed to attorney(s) of record: A.U.S.A. *(CJA)*. (sb) [Entry date 10/29/01] [Edit date 02/22/02] 10/25/01 -- Notice of Appeal with copy of order/judgment and two copies of docket entries as to Wadih El Hage transmitted to USCA re: [644-1] appeal on 10/29/01. (sb) [Entry date 10/29/01] [Edit date 02/22/02] 10/26/01 645 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) [Entry date 10/26/01] [Edit date 02/22/02] 10/29/01 -- Notice of Appeal with copy of order/judgment and two copies of docket entries as to Mohamed Sadeek Odeh transmitted to USCA re: [642-1] appeal on 10/24/01. (sb) [Entry date 10/29/01] [Edit date 02/22/02] 11/1/01 646 NOTICE OF APPEAL by Khalfan Khamis Mohamed Khalfan Khamis Mohamed (8) count(s) 1ssss, 3ssss, 4ssss, 5ssss, 8ssss, 10ssss, 224ssss-234ssss, 277ssss-278ssss, 279ssss, 283ssss, 284ssss, 286ssss; from; the judgment entered in this action on 10/22/01. Copies mailed to attorney(s) of record: Kenneth M. Karis, A.U.S.A. *(CJA)*. (sb) [Entry date 11/05/01] [Edit date 02/22/02] 11/5/01 -- Notice of Appeal with copy of order/judgment and two copies of docket entries as to Khalfan Khamis Mohamed transmitted to USCA re: [646-1] appeal on 11/5/01. (sb) [Entry date 11/05/01] [Edit date 02/22/02] 11/13/01 647 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi (wv) [Entry date 11/13/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 325 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 11/13/01 648 ORDER as to Mohamed Suleiman Al Nalfi, to Continue in Interests of Justice time is excluded from 11/13/01 to 11/20/01, pursuant to the Speedy Trial Act, 18 U.S.C., Sec. 3161(h)(8)(A). (Signed by Judge Leonard B. Sand); Copies mailed. (ja) [Entry date 11/14/01] [Edit date 02/22/02] 11/19/01 -- USCA Case Number as to Wadih El Hage Re: [644-1] appeal USCA NUMBER: 01-1535 L, 01-1550 con, 01-1553 con, 01-1571 con. (sb) [Entry date 11/19/01] [Edit date 02/22/02] 11/20/01 -- Status conference as to Mohamed Suleiman Al Nalfi held before Judge Leonard B. Sand. Deft. Al Nalfi present with attorney Marion Seltzer. AUSA Joseph Bianco present. Arabic Interpreter Andre Codouni present. Status conference held and concluded. Further conference 1/3/02 at 10am. Gov't submit order excluding time through 1/3/02. Deft. cont'd remanded. (jb) [Entry date 11/26/01] 11/21/01 649 ORDER as to Mohamed Suleiman Al Nalfi, ORDERED that pursuant to the Speedy Trial Act, 18 U.S.C. section 3161(h)(8)(A), all time running from 11/20/01 to 1/3/02, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interest of the public and the defendant in a speedy trial, particularly in light of: (i) the voluminous discovery in this matter; (ii) the complexity of the case which involves an alleged international terrorism conspiracy spanning a number of years; (iii) the need to review classified material; and (iv) the need for defendant to consider and prepare further pre-trial motions, and the need to conduct any hearings on the same motions. . ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 11/26/01] [Edit date 02/22/02] 12/4/01 650 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi for dates of 10/17/01, before Judge Leonard B. Sand . (moc) [Entry date 12/04/01] [Edit date 02/22/02] 12/4/01 651 TRANSCRIPT of record of proceedings as to Mohamed Suleiman Al Nalfi for dates of 10/3/01 at 10:15 a.m., before Judge Leonard B. Sand. (jco) [Entry date 12/04/01] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 326 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 12/12/01 652 Filed Memo-Endorsement on letter dated 12/12/01 from Frederick Cohen to Judge Sand as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Requesting authorization to review the sealed records for purposes of appeal....Authorization granted as requested. So Ordered. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ac) [Entry date 12/12/01] [Edit date 02/22/02] 1/8/02 653 ORDER as to Mohamed Suleiman Al Nalfi, to Continue in Interests of Justice time is excluded from 1/3/02 to 1/15/02 ( Signed by Judge Leonard B. Sand ); Copies mailed. (ac) [Entry date 01/09/02] [Edit date 02/22/02] 1/9/02 654 Filed Memo-Endorsement on letter addressed to Judge Sand from defense counsels John H. Jacobs and Marion Seltzer, dated January 6, 2002 as to Mohamed Suleiman Al Nalfi, requesting that CJA attorney Joshua Dratel be assisgned to assist, in regard to legal motions and not as trial counsel...Application to assign Joshua Dratel is DENIED in light of Mr. Daniel's representation of Mr. El Hage, conference presently scheduled for 1/15/02 is cancelled pending reassignment of case. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) [Entry date 01/10/02] [Edit date 02/22/02] 1/14/02 655 SECOND ORDER OF RESTITUTION as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, ORDERS, ADJUDGES AND DECREES that the above-named defendants jointly and severally pay restitution to each individual victim set forth in the attached Partial Schedule of Restitution-Surviving Victims, in the amount set forth in that Schedule, and further ORDERS, ADJUDGES AND DECREES that the above-named defendants jointly and severally pay restitution to the United States of America in the total amount of $29,905,526.49 for expenditures made by the agencies specified in the accompanying Partial Schedule of Restitution-U.S. agencies on behalf of surviving victims, and as provided in section 3664(i) all other victims shall receive restitution before the United States receives any restitution; and further INCORPORATES the provisions of paragraphs I.C and II of its 10/18/01, Order of Restitution regarding the procedures by which restitution is to be made. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 01/15/02] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 327 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 1/14/02 656 Filed Memo-Endorsement on REPORT AND RECOMMENDATION TO THE HONORABLE LEONARD B. SAND, by Magistrate Judge Gorenstein, dated January 3, 2002 as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Mohamed, The Court should adopt in full the annexed proposed Second Order of Restitution. Because the statutory deadline for issuing an order of restitution is January 16, 2002, the defendants are instructed that any objections to this Report and Recommendation should be presented to Judge Sand (with copies to the undersigned) as soon as possible and in any event no later than January 10, 2002....Adopted and approved without objection. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) [Entry date 01/15/02] [Edit date 02/22/02] 1/14/02 657 APPLICATION FOR SECOND ORDER OF RESTITUTION by U.S.A., as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed. By this Applicaiton the Government seeks entry of a Second Order of Restitution pursuant to 18 U.S.C., Sec. 3663A(b) for the benefit of: (a) persons it has identified as victims who survived the bombings of the United States Embassies in Kenya and Tanzania in August 1988 for...; and (b) United States Government agencies that provide financial and other assistance to surviving victims of the bombings, and which also are entitled to restitution under Secs. 3663A and 3664. WHEREFORE the Government respectfully requests that an order of restitution in the form proposed herewith be entered by the Court. (ja) [Entry date 01/15/02] [Edit date 02/22/02] 1/22/02 658 ORDER as to Mohamed Suleiman Al Nalfi, that pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(8)(A), all time running from January 17, 2002, until February 15, 2002, shall be excluded from the time within which trial must commence in the above-captioned case, the Court having found that the ends of justice served by this exclusion outweigh the best interests of the public and the defendant in a speedy trial, particularly in light of: (1) the voluminous discovery in this matter; (ii) the complexity of the case which involves an alleged international terrorism conspiracy spanning a number of years; (iii) the need to review classified material; and (iv) the need for defendant to consider and prepare further pre-trial motions, and the need to conduct any hearings on the same motions. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) [Entry date 01/22/02] [Edit date 02/22/02] 1/23/02 -- CASE Reassignment to Judge Kevin T. Duffy (jol) [Entry date 01/29/02] 1/25/02 659 SEALED DOCUMENT as to Wadih El Hage ,khalfan khamis mohamed,daoud al-owhali, mohamed odeh. (js) [Entry date 01/25/02] [Edit date 02/22/02] Docket as of February 22, 2002 10:23 pm Page 328 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 2/5/02 660 TRANSCRIPT of record of proceedings as to Mamdouh Mahmud Salim for dates of 11/21/01, before Judge Leonard B. Sand . (yv) [Entry date 02/05/02] [Edit date 02/22/02] 2/19/02 661 ORDER as to Mohamed Suleiman Al Nalfi. It is hereby ORDERED, that pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(8)(A), all time running from 2/15/02, until 2/25/02, shall be excluded from the time within which trial must commence in the above-captioned case. ( Signed on 2/15/02 by Judge Kevin T. Duffy ); Copies mailed. (bw) [Entry date 02/20/02] [Edit date 02/22/02] 2/19/02 662 Judgment Returned Executed as to Mohamed Rashed Daoud Al-'Owhali ; on 12/14/01 (ac) [Entry date 02/20/02] [Edit date 02/22/02] 2/19/02 663 Judgment Returned Executed as to Mohamed Sadeek Odeh ; on 12/14/01 (jb) [Entry date 02/20/02] [Edit date 02/22/02] 2/19/02 664 Judgment Returned Executed as to Wadih El Hage; on 12/14/01. (ja) [Entry date 02/21/02] [Edit date 02/22/02] [END OF DOCKET: 1:98cr1023-0]