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By Matthew Russell Lee, Thread, Patreon Song

SDNY COURTHOUSE, September 21 – Iranian banker Ali Sadr Hashemi Nejad had been on trial, charged with money laundering and violating US sanctions including through a Venezuelan infrastructure project. It has devolved into a show of discovery violations by the US Attorney's Office, echoed in another case, US v. Delowar Hossain, 19 Cr. 606 (SHS)

   It's been set down for trial: "ORDER as to Delowar Mohammed Hossain: The Court has been advised that the Ad Hoc Committee on the Resumption of Jury Trials has scheduled the trial of this matter to commence on Wednesday, September 29, 2021. Accordingly, IT IS HEREBY ORDERED that: 1. The final pretrial conference is adjourned from August 2 to September 24, 2021, at 12:00 p.m. in Courtroom 23A; and 2. The trial of this action is scheduled for Wednesday, September 29, 2021, at 9:30 a.m. (Signed by Judge Sidney H. Stein on 6/4/2021)."

  But during the pendency, there have been changes including the return to power in Afghanistan of the Taliban. On September 19, the US Attorney's Office wrote to Judge Stein that it had now been unable to reach a stipulation with the defendse about the Taliban's status as a Specially Designated Global Terrorist. Is it any surprise?

Now on September 21, DOJ's motion for protective measures under CIPA has been granted in full: "OPINION & ORDER as to Delowar Mohammed Hossain. In this action, the government alleges that defendant Delowar Hossain attempted to provide material support or resources for terrorism and attempted to make a contribution of funds, goods, and services to the Taliban in violation of 18 U.S.C. § 2339(A), 50 U.S.C. § 1705(a), and 31 C.F.R. §§ 594.201, 594.204, 594.205, and 594.310. (Superseding Indictment Paragraphs 1-2, ECF No. 55.) After determining that this action involved classified information, the government sought a protective order from this Court pursuant to section 4 of the Classified Information Procedures Act ("CIPA" ). (Letter from the Gov't dated June 5, 2020, ECF No. 25.) CIPA section 4 permits the Court to "authorize the United States to delete specified items of classified information from documents to be made available to the defendant through discovery under the Federal Rules of Criminal Procedure" upon submission of a "written statement to be inspected by the court alone." 18 U.S.C. app. 3 § 4. On June 19, 2020, after considering the government's submission in camera and ex parte, the Court granted a protective order. (Order, ECF No. 26.) In February 2021, the government sought additional protective measures for the classified information involved in this case pursuant to a different provision of CIPA-CIPA section 6. (See Gov't's Mot., ECF No. 81.) CIPA section 6 provides that "the United States may request the court to conduct a hearing to make all determinations concerning the use, relevance, or admissibility of classified information that would otherwise be made during the trial or pretrial proceeding." 18 U.S.C. app. 3 § 6(a). Any such hearing "shall be held in camera if the Attorney General certifies to the court in such petition that a public proceeding may result in the disclosure of classified information." Id. Pursuant to the Attorney General's certification that a public proceeding might result in the disclosure of classified information, the Court held a CIPA section 6 hearing in camera, with both the government and defense counsel in attendance, on September 13, 2021. For the foregoing reasons, the government's requested protective measures are granted in full... CONCLUSION. For the reasons set forth above, the Court grants the government's motion for protective measures pursuant to CIP A section 6 in full. SO ORDERED: (Signed by Judge Sidney H. Stein on 9/21/2021)."

Watch this site.

On September 15, this: "ORDER as to Delowar Mohammed Hossain: At the conclusion of that ex parte conference, the Court held a separate ex parte CIPA section 2 conference, this time with the government. As a result of these conferences, the Court, while granting the defense's request for a CIPA section 2 conference, denies defendant's renewed motion to compel the government to disclose additional information. The reasons underlying that determination shall be filed in a classified version of this Order. SO ORDERED. (Signed by Judge Sidney H. Stein on 9/15/2021)."

  Back on July 20, Judge Stein respecting the practice of religion granted Hossain a modification of bail conditions, to leave his home at 4 am to attend a religious ritual at a butcher shop "to celebrate Eid al-Adha, an Islamic holiday that commemorates Abraham's near sacrifice of one of his sons at God's behest." Photo here.

But now on September 2, Hossain through Federal Defenders has asked for Labor Day weekend sleep-over at the home of Mohamed Chowdhury (and Mariam Khandakar) and they note, "The Government has objected to this modification."

But Judge Stein granted it: "ENDORSEMENT... SO ORDERED (Signed by Judge Sidney H. Stein on 9/2/21). And he ordered the US to answer on CIPA by September 7: "The government has filed an in camera sealed motion for certain protective measures to be implemented in the trial of this action pursuant to section 6 of the Classified Information Procedures Act ("CIPA"). 18 U.S.C. app. 3 § 6. (ECF No. 81.) CIPA section 6 provides that "the United States may request the court to conduct a hearing to make all determinations concerning the use, relevance, or admissibility of classified information that would otherwise be made during the trial or pretrial proceeding." 18 U.S.C. app. § 6(a). The Court intends to schedule a CIP A section 6 hearing to discuss the issues raised in the government's motion. CIP A section 6, however, provides that "the United States shall provide the defendant with notice of the classified information that is at issue... whenever that information previously has been made available to the defendant by the United States." 18 U.S.C. app. § 6(b ). When the government "has not previously made the information available to the defendant," the government may describe the classified information "by generic category, in such form as the court may approve, rather than by identification of the specific information of concern to the United States." 18 U.S.C. app. § 6(b). The government is hereby directed to inform the Court, in writing, how it has complied with CIPA section 6's notice requirement. That letter is due on or before Tuesday, September 7, 2021. (Signed by Judge Sidney H. Stein on 9/2/2021)."

  The case is US v. Hossain, 19-cr-606 (Stein)

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