23 October 2000
Source: Electronic records of the Southern District of New York, via PACER.
See related files: http://jya.com/alqfiles.htm
This is a combined docket for the 17 persons who have been indicted for bombing of the US Embassies in Kenya and Sudan:
1 WADIH EL HAGE aka "Abdus Sabbur"2 FAZUL ABDULLAH MOHAMMED aka Harun Fazhl aka Fazhl Abdullah aka Fazhl Khan
3 MOHAMED SADEEK ODEH aka Moath aka Noureldine aka "Marwan" aka Hydar
4 MOHAMED RASHED DAOUD AL-'OWHALI aka Khalid Salim Saleh Bin Rashed aka "Moath" aka Abdul Jabbar Ali Abel-Latif
5 USAMA BIN LADEN aka Usamah Bin-Muhammad Bin-Ladin aka Shaykh Usamah Bin-Ladin aka Mujahid Shaykh aka Hajj aka al Qaqa aka the Director
6 MUHAMMAD ATEF aka Abu Hafs aka Abu Hafs el Masry aka Abu Abu Hafs el Masry el Khabir aka Taysir aka Aheikh Taysir Abdullah
7 MUSTAFA MOHAMED FADHIL aka Mustafa Ali Elbishy aka "Hussein" aka Hassan Ali
8 KHALFAN KHAMIS MOHAMED aka Khalfan Khamis
9 AHMED KHALFAN GHAILANI aka Fupi aka Abubakary Khalfan Ahmed Ghailiani
10 FAHID MOHAMMED MSALAM aka Fahad M. Ally
11 SHEIKH AHMED SALIM SWEDAN aka Sheikh Bahamadi aka Ahmed Ally
12 MAMDOUH MAHMUD SALIM aka "Abu Hajer al Iraqi," aka "Abu Hajer"
13 ALI MOHAMED aka Ali Abdelseoud Mohamed aka Abu Omar aka Omar aka Haydara aka Taymour Ali Nasser aka Ahmed Bahaa Adam
14 AYMAN AL ZAWAHIRI aka Abdel Muaz aka Ayman Al Zawahiri, Dr. aka the Doctor
15 KHALED AL FAWWAZ aka Khaled Abdul Khaled Abdul Rahman Hamad al Fawwaz aka Abu Omar aka Hamad
16 IBRAHIM EIDAROUS aka Ibrahim H.A. Eidarous aka Daoud aka Abu Abdullah aka Ibrahim
17 ADEL ABDEL BARY aka Adel M.A.A.A. Bary aka Abbas aka Abu Dia aka Adel
The first part of the docket lists charges for each defendant, and docket entries commence thereafter. Several of Judge Sand's opinions (1) (2) (3)and orders are provided within the docket.
The last entry is for the guilty plea by Ali Mohamed, which was reported in recent news as alleging crimes by several of the defendants.
A transcript Mohamed's plea will be offered here in a day or so when it arrives from the Court Reporters' Office.
PACER session date: Monday October 23, 2000 11:17:28 AM EDT Case docket was last updated on: 10/20/00. Docket as of October 20, 2000 10:32 pm Page 1 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 Leonard B. Sand WADIH EL HAGE (1) Bruce McIntyre aka [term 03/15/99] "Abdus Sabbur," [COR LD NTC cja] defendant 361 Broadway Suite 510 New York, NY 10013 (212) 219-3100 Sam A Schmidt [COR LD NTC cja] Barocas & Schmidt 111 Broadway New York, NY 10006 (212) 346-4666 Sam A. Schmidt [COR LD NTC cja] Barocas & Schmidt, P.C. 111 Broadway 13th Fl. New York, NY 10006 (212) 346-4666 Joshua L. Dratel [COR LD NTC cja] Joshua L. Dratel, P.C. 14 Wall Street 28th Floor New York, NY 10005 (212) 732-0707 Pending Counts: Disposition 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (PERJURY) (1 - 8) 18:2332(b),(d) CONSPIRACY TO Docket as of October 20, 2000 10:32 pm Page 2 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR MURDER U.S. NATIONALS (1s) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1ss) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (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 (1sssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - 18 USC 956(a)(1) & (a)(2)(A) (2ssssss) 18:956.F CONSPIRACY TO INJURE PROPERTY OF FOREIGN GOVERNMENT - Title 18 USC 956(a)(1) and (a)(2)(A). (2sssssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3ssssss) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3sssssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4ssssss) Docket as of October 20, 2000 10:32 pm Page 3 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5ssssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5sssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6ssssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6sssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (FALSE STATEMENTS) (9 - 11) 18:1623 PERJURY BEFORE FEDERAL GRAND JURIES (228s - 235s) 18:1623 PERJURY (228ss - 235ss) 18:1623 PERJURY (228sss - 235sss) 18:1623.F PERJURY (228ssss - 235ssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (228sssss - 235sssss) 18:1001 FALSE STATEMENTS (236s - 238s) 18:1001 FALSE STATEMENTS (236ss - 238ss) 18:1001 FALSE STATEMENTS (236sss - 238sss) 18:1001.F FALSE STATEMENTS Docket as of October 20, 2000 10:32 pm Page 4 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR (236ssss - 238ssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (236sssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (237sssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (238sssss) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (245ssssss - 264ssssss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (265ssssss - 267ssssss) 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 Disposition 18 U.S.C. 1001: FALSE STATEMENTS. [ 1:98-m -2166 ] ======================== Docket as of October 20, 2000 10:32 pm Page 5 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand 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) 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. Docket as of October 20, 2000 10:32 pm Page 6 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR PROPERTY (2ss - 3ss) 18:844F.F MURDER DURINGBOMBING OF U.S. PROPERTY (2sss) 18:844F.F PENALTIES - IF DEATH RESULTS (2ssss) 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 - Title 18 USC 114, 116 and 117. (3ssssss) 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). Docket as of October 20, 2000 10:32 pm Page 7 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR (4ssssss) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5sssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssssss) 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) 18:844F.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 - Title 18 USC 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) (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. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssssss) Docket as of October 20, 2000 10:32 pm Page 8 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 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(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) 18:1111.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) 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) Docket as of October 20, 2000 10:32 pm Page 9 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1114 and 2. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 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. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Docket as of October 20, 2000 10:32 pm Page 10 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Title 18 USC 924(c) and 2. (286ssssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Leonard B. Sand MOHAMED SADEEK ODEH (3) Anthony L. Ricco aka [COR LD NTC] Abu Moath 20 Vesey Street aka Suite 400 Noureldine New York, NY 10007 aka (212) 791-3919 "Marwan" aka Michael R. Young Hydar [term 06/02/00] defendant [COR LD NTC cja] 165 Christopher Street New York, NY 10014 (212) 242-4336 Carl J. Herman [COR LD NTC cja] 570 West Mt Pleasant Avenue Suite 101 Livingston, NJ 07039 Anthony L. Ricco [COR LD NTC cja] 475 Park Avenue South NY, NY 10016 212-779-3275 Edward D. Wilford [COR LD NTC cja] 20 Vesey Street New York, NY 10007 (212) 528-2741 Docket as of October 20, 2000 10:32 pm Page 11 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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) 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) Docket as of October 20, 2000 10:32 pm Page 12 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 114, 116 and 117. (3ssssss) 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) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5sssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssssss) Docket as of October 20, 2000 10:32 pm Page 13 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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) 18:844F.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 - Title 18 USC 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) (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. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11sssss - 233sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - Title 18 USC 930(c), 1111 and 2. (11ssssss - 223ssssss) Docket as of October 20, 2000 10:32 pm Page 14 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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) 18:1111.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) 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) Docket as of October 20, 2000 10:32 pm Page 15 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 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. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssssss) Offense Level (opening): 4 Terminated Counts: NONE Docket as of October 20, 2000 10:32 pm Page 16 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Complaints: NONE ======================== Case Assigned to: Judge Leonard B. Sand MOHAMED RASHED DAOUD AL- Frederick H. Cohen 'OWHALI (4) [COR LD NTC cja] aka Frederick H. Cohn Khalid Salim Saleh Bin Rashed [COR LD NTC] aka 500 Fifth Avenue "Moath" 33rd Floor aka New York, NY 10110 Abdul Jabbar Ali Abel-Latif (212) 768-1110 defendant David Baugh [COR LD NTC] 223 South Cherry St. P.O. Box 12137 Richmond, VA 23241 (804)643-8111 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) Docket as of October 20, 2000 10:32 pm Page 17 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (1ssssss) 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) 18:844F.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 - Title 18 USC 114, 116 and 117. (3ssssss) 18:930(c),2 MURDER (4 - 227) 18:930(c),2 MURDER (4s - 227s) 18:930(c),1111,2 MURDER (4ss - 216ss) Docket as of October 20, 2000 10:32 pm Page 18 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5sssss) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5ssssss) 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) 18:844F.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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssssss) Docket as of October 20, 2000 10:32 pm Page 19 Proceedings include all events. 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) (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. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 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(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) 18:1111.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 October 20, 2000 10:32 pm Page 20 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1114 and 2. (277ssssss - 278ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssssss - 281ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 Docket as of October 20, 2000 10:32 pm Page 21 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR and 2. (283ssssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of October 20, 2000 10:32 pm Page 22 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand 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) 18:844(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) Docket as of October 20, 2000 10:32 pm Page 23 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844F.F MURDER DURINGBOMBING OF U.S. PROPERTY (2ss) 18:844F.F PENALTIES - IF DEATH RESULTS (2sss) 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) 18:930(c) MURDER (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) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1)(f)(3), & 844(n) (5ssss) Docket as of October 20, 2000 10:32 pm Page 24 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5sssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6sssss) 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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8sssss) 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. - Title 18 USC 2332a(a)(1) and (a)(3). (10sssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11ssss - 233ssss) Docket as of October 20, 2000 10:32 pm Page 25 Proceedings include all events. 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. (11sssss - 223sssss) 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) 18:1111.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 - 18 USC Section 1111, 1114 & 2 (236ssss - 237ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 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) Docket as of October 20, 2000 10:32 pm Page 26 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1114 and 2. (277sssss - 278sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280sssss - 281sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285sssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286sssss) Offense Level (opening): 4 Docket as of October 20, 2000 10:32 pm Page 27 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Leonard B. Sand 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 Docket as of October 20, 2000 10:32 pm Page 28 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR A U.S. CITIZEN (1sssss) 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) 18:844F.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) 18:930(c) MURDER (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) Docket as of October 20, 2000 10:32 pm Page 29 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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) 18:844F.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) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6ssss) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6sssss) 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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8sssss) 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). Docket as of October 20, 2000 10:32 pm Page 30 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR (9sssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10sssss) 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(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) 18:1111.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 - 18 USC Section 1111, 1114 & 2 (236ssss - 237ssss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238ssss - 239ssss) Docket as of October 20, 2000 10:32 pm Page 31 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1114 and 2. (277sssss - 278sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280sssss - 281sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282sssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283sssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284sssss) Docket as of October 20, 2000 10:32 pm Page 32 Proceedings include all events. 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 - Title 18 USC 924(c) and 2. (286sssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of October 20, 2000 10:32 pm Page 33 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand 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) 18:844(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 Docket as of October 20, 2000 10:32 pm Page 34 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3ssss) 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) 18:844F.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) 18:2155A.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) 18:844F.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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss - 10sss) Docket as of October 20, 2000 10:32 pm Page 35 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 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(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) 18:1111.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 - 18 USC Section 1111, 1114 & 2 (236sss - 237sss) Docket as of October 20, 2000 10:32 pm Page 36 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1114 and 2. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss - 281ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title Docket as of October 20, 2000 10:32 pm Page 37 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of October 20, 2000 10:32 pm Page 38 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand KHALFAN KHAMIS MOHAMED (8) Jeremy Schneider aka [COR LD NTC cja] Khalfan Khamis Rothman, Schneider, Soloway, & defendant Stern 70 Lafayette St. 7th Floor New York, NY 10013 (212) 571-5500 David Stern [COR LD NTC cja] Rothman, Schneider, Soloway & Stern, P.C. 70 Lafayette Street 7th Floor New York, NY 10013 (212) 571-5500 David Ruhnke [COR LD NTC cja] Ruhnke & Barett 47 Park Street Montclair, NJ 07042 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) 18:844(f)(1),(f)(3),2 MURDER DURING BOMBING OF U.S. PROPERTY (3) 18:844F.F MURDER DURING Docket as of October 20, 2000 10:32 pm Page 39 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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) 18:2332A.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) 18:844F.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) 18:2155A.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) 18:844F.F PENALTIES - IF DEATH RESULTS - 18 USC Section 844(f)(1), (f)(3) & 2 (7sss - 8sss) Docket as of October 20, 2000 10:32 pm Page 40 Proceedings include all events. 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) 18:2332A.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). (10ssss) 18:930.F POSSESS W/INTENT/USE IN CRIME (FEDERAL FACILITY) - 18 USC Section 930(c), 1111 & 2 (11sss - 233sss) 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) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 7(3), 1111 & 2 (234sss - 235sss) 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 Docket as of October 20, 2000 10:32 pm Page 41 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE Docket as of October 20, 2000 10:32 pm Page 42 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR ======================== Case Assigned to: Judge Leonard B. Sand 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) 18:844(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) Docket as of October 20, 2000 10:32 pm Page 43 Proceedings include all events. 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. (3ssss) 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) 18:844F.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) 18:2155A.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) 18:844F.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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) Docket as of October 20, 2000 10:32 pm Page 44 Proceedings include all events. 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) (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. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 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(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) 18:1111.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 October 20, 2000 10:32 pm Page 45 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1114 and 2. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss - 281ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 Docket as of October 20, 2000 10:32 pm Page 46 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR and 2. (283ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of October 20, 2000 10:32 pm Page 47 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand 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) 18:844(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) Docket as of October 20, 2000 10:32 pm Page 48 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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) 18:844F.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) 18:2155A.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) 18:844F.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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 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). Docket as of October 20, 2000 10:32 pm Page 49 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR (9ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 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(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) 18:1111.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 - 18 USC Section 1111, 1114 & 2 (236sss - 237sss) 18:1111.F MURDER, FIRST DEGREE - 18 USC Section 1111, 1116 & 2 (238sss - 239sss) Docket as of October 20, 2000 10:32 pm Page 50 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1114 and 2. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss - 281ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) Docket as of October 20, 2000 10:32 pm Page 51 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of October 20, 2000 10:32 pm Page 52 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand 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) 18:844(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 Docket as of October 20, 2000 10:32 pm Page 53 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 117. (3ssss) 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) 18:844F.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) 18:2155A.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) 18:844F.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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8ssss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (9sss - 10sss) Docket as of October 20, 2000 10:32 pm Page 54 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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. - Title 18 USC 2332a(a)(1) and (a)(3). (10ssss) 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(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) 18:1111.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 - 18 USC Section 1111, 1114 & 2 (236sss - 237sss) Docket as of October 20, 2000 10:32 pm Page 55 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1114 and 2. (277ssss - 278ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (279ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (280ssss - 281ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (282ssss) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283ssss) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title Docket as of October 20, 2000 10:32 pm Page 56 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18 USC 844(h)(1), 844(h)(2) and 2. (284ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285ssss) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286ssss) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of October 20, 2000 10:32 pm Page 57 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand MAMDOUH MAHMUD SALIM (12) Charles Adler aka [COR LD NTC cja] "Abu Hajer al Iraqi," Goltzer & Adler aka 110 E. 59th St. "Abu Hajer," New York, NY 10022 defendant 212-421-7600 George R. Goltzer [COR LD NTC cja] Goltzer & Adler 598 Madison Avenue New York, NY 10022 (212) 421-3220 Paul J. McAllister [COR LD NTC cja] Law offices of Paul J Mc Allister 401 Broadway 25th Floor New York, NY 10013 (212) 274-0920 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) 18:1111.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 October 20, 2000 10:32 pm Page 58 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4ss) 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) 18:2155A.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) Offense Level (opening): 4 Terminated Counts: NONE 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. Docket as of October 20, 2000 10:32 pm Page 59 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR [ 1:98-m -2140 ] ======================== Case Assigned to: Judge Leonard B. Sand 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 (1ss) 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) 18:1111.F MURDER, FIRST DEGREE - 18 USC Sections 1111, 1114, 1116 & 1117 (3s) Docket as of October 20, 2000 10:32 pm Page 60 Proceedings include all events. 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. (3ss) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Sections 2332(a)(1) & (a)(3) (4s) 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) 18:2155A.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) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of October 20, 2000 10:32 pm Page 61 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand 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) 18:1111.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) 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) 18:844F.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) Docket as of October 20, 2000 10:32 pm Page 62 Proceedings include all events. 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) 18:844F.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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8s) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332a(a)(1) & (a)(3) (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. - Title 18 USC 2332a(a)(1) and (a)(3). (10s) 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) Docket as of October 20, 2000 10:32 pm Page 63 Proceedings include all events. 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) 18:1111.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 - 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) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277s - 278s) Docket as of October 20, 2000 10:32 pm Page 64 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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 - Title 18 USC 1111, 1116 and 2. (282s) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283s) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285s) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286s) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Docket as of October 20, 2000 10:32 pm Page 65 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR Case Assigned to: Judge Leonard B. Sand 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) 18:1111.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) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - 18 USC Section 2332(a)(1) & (a)(3) (4) 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) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - 18 USC Section 2155(a) & (b) (6) Docket as of October 20, 2000 10:32 pm Page 66 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6s) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE ======================== Case Assigned to: Judge Leonard B. Sand 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) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4) Docket as of October 20, 2000 10:32 pm Page 67 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6) 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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8) 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. - Title 18 USC 2332a(a)(1) and (a)(3). (10) 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) - Title 18 USC 930(c), 1111 and 2. (224 - 234) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235 - 275) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 Docket as of October 20, 2000 10:32 pm Page 68 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR and 2. (277 - 278) 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 - Title 18 USC 1111, 1116 and 2. (282) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 and 2. (283) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE Docket as of October 20, 2000 10:32 pm Page 69 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR ======================== Case Assigned to: Judge Leonard B. Sand 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) 18:114.F MAIMING WITHIN SPECIAL MARITIME OR TERRITORIAL JURISDICTION - Title 18 USC 114, 116 and 117. (3) 18:2332A.F KILLING A CITIZEN OUTSIDE THE U.S. - Title 18 USC 2332a(a)(1) and (a)(3). (4) 18:844G.F POSSESS EXPLOSIVES ON FEDERAL PROPERTY - Title 18 USC 844(n). (5) 18:2155A.F DESTRUCTION OF NATIONAL DEFENSE MATERIALS - Title 18 USC 2155(a) and (b). (6) 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 - Title 18 USC 844(f)(1), (f)(3) and 2. (8) Docket as of October 20, 2000 10:32 pm Page 70 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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. - Title 18 USC 2332a(a)(1) and (a)(3). (10) 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) - Title 18 USC 930(c), 1111 and 2. (224 - 234) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (235 - 275) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (276) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1114 and 2. (277 - 278) 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 - Title 18 USC 1111, 1116 and 2. (282) 18:1111.F MURDER, FIRST DEGREE - Title 18 USC 1111, 1116 Docket as of October 20, 2000 10:32 pm Page 71 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR and 2. (283) 18:844H.F EXPLOSIVES USED IN COMMISSION OF FELONY - Title 18 USC 844(h)(1), 844(h)(2) and 2. (284) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (285) 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Title 18 USC 924(c) and 2. (286) Offense Level (opening): 4 Terminated Counts: NONE Complaints: NONE U. S. Attorneys: Patrick J. Fitzgerald [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 October 20, 2000 10:32 pm Page 72 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 73 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 74 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 75 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 76 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 77 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 78 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 79 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 80 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 81 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 82 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 83 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 84 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 85 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 86 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 87 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 88 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 89 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 90 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 91 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 92 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 93 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 94 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 95 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 96 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 97 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 98 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 99 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 100 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 101 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 102 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 103 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 104 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 105 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 106 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 107 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 108 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 109 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 110 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 111 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 112 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 113 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 114 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 115 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 116 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 117 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 118 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 119 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 120 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 121 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 122 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 123 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 124 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 125 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 126 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 127 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 128 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 129 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 130 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 131 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 132 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 133 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 134 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 135 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 136 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 137 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 138 Proceedings include all events. 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 October 20, 2000 10:32 pm Page 139 Proceedings include all events. 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] 10/3/00 260 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] Docket as of October 20, 2000 10:32 pm Page 140 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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] 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] Docket as of October 20, 2000 10:32 pm Page 141 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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] 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] 10/20/00 274 Defendant's acknowledgment of rights regarding guilty plea by Ali Mohamed (rg) [Entry date 10/20/00] Docket as of October 20, 2000 10:32 pm Page 142 Proceedings include all events. 1:98cr1023-ALL USA v. Hage, et al PRIOR 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] 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] [END OF DOCKET: 1:98cr1023-0]