| For 2008
Kidnapping of Journo
Najibullah Faces
Partially Sealed
Hearing amid CIPA
Unseal Win
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
April 10 – Haji Najibullah
was arraigned in November 2020
on charges of having kidnapped
and held hostage American
journalist David Rohde from
November 10, 2008 to July 2009
in Afghanistan, demanding the
release of Taliban prisoners
and money from Rohde's
family.
U.S.
District Court for the
Southern District of New York
Judge Katherine Polk Failla
held the arraignment. Inner
City Press covered it.
Najibullah had been captured
in Ukraine, and presented
before SDNY Magistrate Judge
Ona T. Wang on October 28,
2020. He was assigned a
Federal Defender, Mark
Gombiner; he was been informed
of his rights of the Due
Process Protections Act.
Jump cut nearly a
year later on October 15,
2021, when Najibullah and
Gombiner appeared again before
Judge Failla. Inner City Press
again covered it. Judge Failla
admonished Gombiner not to
give speeches for the media.
But he argued about the
absurdity of a country bombing
another, then calling the
fight-back a crime. He also
questioned how the US gave
only 200 documents under
discovery.
Judge
Failla said she envisioned a
defense motion to compel and a
CIPA motion from the US, and
urged that the parties confer.
Jump cut all the
way to April 10, 2024, when
Judge Failla held a conference
in advance of an April 18
hearing that, it seems, will
be partially sealed. In the
interim, Judge Jesse M. Furman
has granted
in large part Inner City
Press' motions to unseal CIPA
hearing transcripts. Why not
here? Thread:
Federal Defender:
We'll have an interpreter in
court Judge:
AUSA Robles, if
Mr. Najibullah testifies, can
he use his own interpreter?
AUSA: I don't object to that
Judge: An interpreter may also
testify. AUSA: We have clearer
our day for this Judge: You
and me both
Judge: Are
you still pursuing the
specialty arguments? Federal
Defender: Yes. We had moved
for evidentiary hearings on
that, and also the law of
armed conflict. Judge: Who
might I be hearing testimony
from on the combatant issue?
Federal Defender: Expert
witnesses
Judge: I
don't know if I want a hearing
on that. I take note that's
what you are offering.
Anything else? Federal
Defender 2: We also have
Miranda waiver issues
Judge: Yes, Agent
Wyka [apparently Joint
Terrorism TF Officer James
Wyka] will address that
Federal
Defender 1: Once the
litigation around our CIPA 5
motion is resolved, we'll put
in a schedule for Rule 15
motion practice. Also, there
will be the May 6 CIPA
hearing.
Judge: You are of
course mindful of other
classified cases you have
before me
AUSA:
Courtroom 24B, that's a
classified courtroom, is that
right? Judge: No. But there
are rooms adjacent to the
courtroom we could use.
AUSA: I don't expect Wyka
implicating classified
courtroom. But you've
seen the rest. Judge: We could
use the jury room
Judge: I'm
told that 24B is the Marshals'
preferred way to move Mr.
Najibullah in and out of the
holding cell. We are
adjourned.
It is US v.
Najibullah, 14-cr-401 (Failla)
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2024 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com
|
,
