Trial
of Man Charged
with al
Shabaab Attack
Plan Nears
Quick End As
Pro Se Non
Defense
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Oct 31 – Cholo Abdi Abdullah
is charged with planning with
al Shabaab to attack the US
with a commercial jet.
On
September 5, 2023 he appeared
in court saying he has lost
faith in lawyers, and intially
saying he now wants to
represent himself. Inner City
Press was there, the only
media in the courtroom.
U.S.
District Court for the
Southern District of New York
Judge Analisa Torres advised
him that without a lawyer he
would be at a major
disadvantage.
On November 21,
2023 Inner City Press went at
9 am to Abdullah's Faretta
hearing. But it was asked to
leave the courtroom, from 9:22
am to 9:50 am. It filed a
letter to get the transcript
of the closed proceeding, here.
On August 5,
2024Judge Torres set a
schedule for an October 28
start of trial.
On October 18,
the US Attorney's Office wrote
in with issues for the final
pre-trial conference on
October 21, and trial set to
start October 28: he "wants to
merely sit passively during
the trial... because he does
not believe that this is a
legitimate system."
He has not
requested assistance in filing
a proposed clothing order. So
will he sit on trial in MDC
tan?
On October 21, he
appeared in MDC tan for the
final pre-trial conference.
Inner City Press was there. Thread:
All rise! [Inner
City Press is the only media -
the only civilian - in the
courtroom] Judge: Mr Abdullah,
the trial begins next
week. Abdullah: I wish
to remain passive
Judge: If
your stand-by counsel becomes
active, I will assume it is
with your consent. Abdullah: I
am deliberating if I might
question some witnesses. It is
up to me. They are not going
to participate in this case.
Judge: If
you engage in misconduct you
may lose your right to
represent yourself. You are at
an extreme disadvantage if you
represent yourself. You are
putting yourself in extreme
danger. Abdullah: I have my
reasons. I keep them to myself
Abdullah: I
would prefer to not even have
stand-by counsel. But you do
not allow that. Judge: Did you
receive the US motions in
limine? Abdullah: I have
objections, but no stamps to
mail them. Judge: You may make
them now.
Abdullah: The US
is going to use Al Shabaab
propaganda videos. Fine. But
they should not show video of
suicide bombers to the jury.
It is going to play with
verdict. I want them to cut
the part with the
shooting,start with the
reporter
Abdullah:
There is CCTV provided by the
Kenyan government. I do not
want the suicide bomber video
in AUSA: We want it in. He
searched for the video almost
contemporaneously. It is
probative. [White noise is
turned on]
Abdullah: I
don't object to the jury being
shown the anti American and
anti Zionist statements... But
using the other Al Shabaab
statements of CC-1 and CC-2,
it is hearsay.
Judge:
Having received no objections,
I issued an order on October
16. I assume you got it-
Abdullah: I did not. Judge:
You should read it. We will
take a break.
On October 24
stand-by counsel wrote in that
Abdullah has only been given
access to legal research six
days before trial. He had
wanted jurors to asked about
"bias about Israel and
Palestine" but withdrew his
request.
On October 28,
Inner City Press attended the
first day of jury selection,
from the thread:
defendant who is
representing himself (with 3
stand-by counsel) did not ask
to appear in a suit, so he is
here in tan MDC jail uniform
Judge: Does
anyone have religious or
philosopical beliefs that
would impact their fairness in
this case? No one says yes.
Break taken.
Now judge
questioning prospective
jurors. Judge: Number 21?
Woman: New Rochelle, Master in
finance. I could be fair 2d
woman: Rockland, hospice
social worker. Man
(playwright) I am
concerned about the defendant
representing himself, that
I'll perceive propaganda
Woman, Lower East
Side, Islamic Studies, Meddle
Eastern studies. Spouse is a
lawyer in estates and a Animal
law... Woman, lawyer in larges
civil rights & civil
liberties firm. Concerned
colleagues would talk about
case. Would not ask them not
to.
Judge: We'll
break here.
On October 29, Inner City
Press covered the end of jury
selection, the shut-down of
defense opening, then the US
opening - they say (not
surprisingly) the pace is
"brisk." From the thread:
final jury
selection AUSA: We challenge
Number 37. Judge: Does the
defense challenge 38 or 48?
Cholo (pro se) No. [Jury
picked]
Judge: Openings?
AUSA: 50 minutes. Cholo: I
will explain why I will not
participate. Judge: That is
not a proper subject for
opening. Cholo: Then no
openingDefendant said he
wanted to open by
telling jurors why he
will NOT be defending himself,
but was told that is not a
proper subject for an opening.
So, no opening by him (!)
AUSA: The
defendant traveled to meet al
Shabaab. He learned to use
explosives. He learned what's
called operational security.
After many months, he was told
he was chose for a special
important mission: to hijack a
plane and attack. He agreed
AUSA: He
enrolled in flight school. He
stayed in it for more than a
year. He tried to get a job
with a US airline. [Defendant
Cholo Abdullah is sitting
slumped in his chair at
defense table, in a tan
MDC-Brooklyn prison jacket. 2
of his 3 stand-by lawyers
there
AUSA: After an
attack, the defendant Googled
it. He searched online. He
maintained contact with his Al
Shabaab handlers. In June 2019
he reached the final stages of
his pilot training. But he was
arrested [and has been in jail
since, next cell to Joshua
Schulte
AUSA: At the end
of this trial [Nov 15?!?]
we'll have a change to talk to
you again. Between now &
then, pay attention, follow
Judge Torres' instructions,
and use your common sense. If
so, you'll reach the only
verdict, that defendant Cholo
Abdullah, is guilty
Judge:
Witnesses, after lunch. We'll
break.Update: as US puts on
the stand an American
University professor about
global jihad, Cholo Abdullah
is not cross examining anyone,
and once told that explaining
why was not a proper opening
argument, didn't make one...
As US v. Cholo
Abdi Abdullah trial ends for
the day, without defendant
doing any cross, AUSA says "We
are moving briskly."
On October 30,
even more brisk, Your Honor -
from the thread:
AUSA:
Professor, what are we about
to see? Prof Tricia Bacon:
People fleeing Al Shabaab's
mall attack [Defendant Cholo
Abdi Abdullah in final pre
trial conference raised issues
about these videos - but so
far only objected once,
overruled]
AUSA: Doctor
Bacon, has Al Shabaab
participated in airplane
attacks? Bacon: Twice. In
2016, an operative with a
laptop blew himself out of a
plane. Also in 2016, they
tried it in print cartridges.
They didn't make it on the
plane but they did injure
several people
Bacon: The
one in 2018, they said they
had intended to get on Turkish
Airlines. AUSA: No further
questions. Judge: Cross
examination? Cholo Abdi
Abdullah: No. [He is "going
passive"] Judge: The
government may call its next
witness
[Next
witness] AUSA: What is your
name? Witness: Joseph Kalum,
of the Kenya anti-terrorism
police unit for 21 years.
AUSA: What sort of cases do
you focus on? Kalum: All
terrorism cases, digital
forensics.
AUSA: Did
you investigate this attack?
Kalum: Yes, Your Honor. Judge:
Please don't call the
prosecutor "Your Honor." You
may call me that. Kalum: Yes,
your Honor. AUSA: Did you
collect digital evidence?
Kalum: Yes, your Honor.
AUSA: What kind
of evidence? Kalum: From
laptops, Your Honor. Judge:
You should just not use that
term Your Honor to
anyone. AUSA: Is this a
portion of the CCTV footage?
Kalum: Correct. AUSA: We offer
GX 802. Judge: Any objection?
[Silence] Judge: Admitted.
On October 31,
the US put in audio and more -
and then rested its case. Thread:
Assistant US
Attorney: Agent, did you
review messages form the
Elusive Router account on
Facebook? Agent: I did. Here's
the IP address it used. AUSA:
What is shown in GX 296?
Agent: More log ins to
Facebook. AUSA: Move to admit.
Judge: Any objection? Cholo:
No
AUSA: Special
Agent, what website was he
going to? Agent: The complete
audio of the Sheikh Anwar
al-Awlaki lecture series - he
is a deceased member of Al
Qaeda in the Arabian
Peninsula. There's a photo of
him with others. I worked all
of these cases
AUSA: Play the
audio. Jury hears Anwar
al-Awlaki talking about
getting on planes with no ID
check. "But America thought it
could occupy and plunder
without consequence." Chola
Abdi Abdulla is slumped in his
chair at defense table,
stroking his beard.
Update: Now
Judge Torres has asked the
prosecutors how they would
argue against a Rule 29 motion
(for acquittal) by Cholo Abdi
Abdullah, if he were to make
one - since he is NOT making
one, or doing anything else.
AUSA: We have proved our case
Judge: Does
the defendant wish to present
evidence? Cholo Abdi Abdullah:
No, I do not trust these
public defenders, they work
with the US. I was asking for
discovery since January. I got
it last week. Judge: I believe
BOP- Cholo: I am an honorable
person.
Judge: I've
watched you talk to your
stand-by counsel, then talk to
me. So you accept his advice-
Cholo: Only when it conforms
with my views. Judge: Have you
had enough time to discuss
testifying or not? Cholo: He
mentioned it to me. We did not
discuss
Cholo: I
told him, I will remain
passive. Judge: Have he
mentioned your right to you,
did he remain there in a
listening posture? Cholo: I
have no problem with- Judge: I
need you to answer my
question. Did he remain?
Cholo: Yes.
Judge:
You've made a decision not to
testify? Cholo Abdi Abdullah:
That is correct. Judge: Be
seated. The charge and jury
sheet have been delivered. We
are adjourned.
Watch this site.
More on Substack
here
The case
is US v. Abdullah, 20-cr-677
(Torres)
***
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