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Tag: Najibullah Zazi (page 2)

Zazi's Father Indicted in Colorado

A preliminary hearing was scheduled tomorrow for Mohammed Zazi, father of Najibullah Zazi. The Grand Jury returned an Indictment against him today, which means there won't be a prelim. Fed. R. Crim. P. 5.1(a)(2) provides that a defendant=s right to a preliminary hearing does not apply in a case where the defendant is charged by indictment.

The Indictment charges Zazi with one count of making a false statement to the FBI on September 16, 2009:

...defendant ZAZI denied that he spoke with anyone by telephone regarding whether Najibullah Zazi was in any trouble, when, in fact, on or about September 11, 2009, defendant ZAZI did speak by telephone with a person regarding whether Najibullah Zazi was in any trouble.

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Zazi Lawyers Apply for Federal Funding of Defense Expenses

According to reporter Cara DeGette, Michael Dowling, co-counsel for terror suspect Najibullah Zazi, has applied to the Court to have the federal government pick up the cost of expenses related with the case.

The legal team has applied for federal funding to defray what will likely be a costly defense he said.

I'm not surprised. As I wrote here,

Aside from legal fees, ....who will help Folsom pay the cost of experts needed to assist the defense? Handwriting computer, fingerprint, explosive and terrorism experts will be required, at a minimum. Most lawyers would also use a jury selection expert. Zazi's father has the public defender, so his family isn't footing the bill.

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Mohammed Zazi Requests Disclosure of FISA Evidence Used Against Him

Mohammed Zazi, father of Najibullah Zazi, remains on bond in Colorado where he is charged with lying to federal agents about conversations he had with Iman Ahmad Wais Afzali of Queens, NY. (Complaint here.)

The grand jury in Colorado hasn't met yet, and until they do, Zazi is entitled to a preliminary hearing. It was set for October 9, but on September 21, the Government filed a notice that it intends to use information against Zazi that was obtained by FISA wiretaps and electronic and physical searches.

Zazi's federal public defender, Ed Harris, filed a motion Friday seeking disclosure of major categories of information. If the matters are sensitive to national security, he is requesting the Judge review them. He's also asking that the preliminary hearing set for Oct. 9 be transferred from the Magistrate Judge to the District Court Judge. [More...]

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Najibullah Zazi Pleads Not Guilty, Detained Pending Trial

Najibullah Zazi pleaded not guilty today to a charge of conspiring to use weapons of mass destruction. He will be detained pending trial. The Court declared the case complex, taking it outside of speedy trial limits. The next hearing is December 3, 2009.

Zazi's lawyer, Michael Dowling of Denver, who is licensed to practice in New York state and federal courts, told the media after the hearing (video here)that he hasn't seen any evidence that Zazi conspired with anyone else to commit an unlawful act. He said that traveling to Pakistan and buying products which contain chemicals that allegedly could be used to make explosives do not establish a conspiracy. He said while he hasn't seen all of the Government's evidence, he hasn't seen anything identifying any individuals with whom Zazi allegedly conspired. [More...]

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No Attack, No Problem: Just Make One Up

President Obama called NYPD Commissioner Ray Kelly today to thank him for "thwarting the terror plot that targeted the city's subway system, police said."

Obama expressed his "appreciation and admiration" for the NYPD's effort in stopping the attack, sources said.

Except, there was no known plot to target the city's subway system. The Feds have consistently said they have no evidence Nabijullah Zazi was planning an imminent attack, and if he was, where it was to take place, what he was targeting or when.

"Nothing in the bulletins references the current investigation," a Federal Bureau of Investigation issued spokesman said Tuesday. Investigators still don't have specific evidence indicating an imminent threat to particular targets in the alleged plot, federal officials said.

They are speculating Zazi was planning something for Sept. 11, but don't know that. Big difference. No one has a clue what Zazi was up to with his chemicals. September 11 came and went with Zazi in New York and there was no attack. And, as to thanking the NYPD, had they not blown it by alerting the Iman who notified Zazi's father he was being watched, the feds might have a lot more information than they do now. [More....]

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Najibullah Zazi Arrives At MDC Brooklyn; Colo. Lawyer To Represent Him in NY Case

Najibullah Zazi, who was ordered detained pending trial in NY and flown to NY today, will be housed in solitary confinement in a maximum security wing at the Metropolitan Detention Center in Brooklyn.

His lawyer, Arthur Folsom, who has never defended a client in federal court and who allowed him to be questioned for 23 hours by the FBI last week, told the Court in Denver today that he and another Colorado lawyer (who practiced in New York more than 20 years ago) will continue to represent Zazi in the NY case -- the case in which he is charged with a terrorism offense carrying a potential life penalty. The Magistrate Judge in Colorado confirmed this with Zazi, asking him whether he wanted a public defender to be appointed in NY. Zazi declined, stating he intended to keep his present counsel.

So Arthur Folsom and his new co-counsel will be traveling back and forth to NY to represent Zazi. (Only the co-counsel will appear Tuesday, presumably because it will take longer than that for Folsom to submit all the paperwork to get admitted to practice in federal court in NY or even admitted pro hac vice.) [More...]

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Najibullah Zazi: Colorado Charge Dropped, Bond Denied, Will Be Transferred to NY

Magistrate Judge Craig Shaffer today denied bond for Najibullah Zazi on the New York Indictment charging him with conspiracy to use weapons of mass destruction. He granted the request filed by the Government yesterday to dismiss the Colorado false statements charge. Arguing against bond, AUSA Tim Neff told the Court:

"(The evidence) suggested the defendant was intent on making a bomb and being in New York on 9/11 for the purpose of using such an item."

His lawyer, Arthur Folsom, argued the opposite:

"He was there on September 11. The entire time on September 11 and nothing happened," Folsom said.

Having denied bond, the Court ordered Zazi transferred to New York to face trial on its Indictment. The Colorado case is over as to him. The false statement charge against his father, Mohammed Zazi, is still pending. The next hearing in that case is October 9. The elder Zazi was released on bail yesterday.

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Najibullah Zazi Indicted in New York, Transfer is Imminent

Bump and Update: The New York Defendant, Iman Ahmad Afzali, has been ordered released on 1.5 million bail. His friends and relatives will be posting real property.

Najibullah Zazi has been indicted for conspiracy to use weapons of mass destruction in New York. He will be transferred imminently. CBS' Rick Sallinger called this the other day.

The new charge carries a possible life sentence, and the sentencing guidelines provide for a life sentence. The one-count Indictment is here and the Memorandum Suppporting Detention is here.

It contains new details alleging Zazi purchased large amounts of chemicals in Aurora, CO, rented a hotel suite on two occasions where they believe he tested them and made phone calls inquiring about instructions. [More...]

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Eviction Notice Posted At Zazi Family Apartment

The Denver Post reports the apartment complex where Najiboullah Zazi and his family live have started eviction proceedings against the family.

An apartment worker driving a golf cart, who identified himself only as Jim, said he posted the notice Tuesday afternoon due, in part, to concerns that people whose names were not on the lease have been living in the Zazi apartment.

Mohammed Zazi, was ordered released on Monday subject to electronic home monitoring. The U.S. Marshal's Service today said Mohammed Zazi is unlikely to be released before tomorrow's hearing. It's unknown if the eviction order will affect the release order. Arthur Folsom, Najibullah's attorney and PR spokesperson were unaware of the eviction notice when contacted.

Rutabaga Ridgepole at TPM Muckraker today writes "Did Zazi's Lawyer Sell Him Out To The FBI?", in part quoting my earlier post, Najibullah Zazi's Legal Representation (many thanks to Rutabaga for the compliments.) Other lawyers (including three of our best) have been weighing in with similar thoughts. [More...]

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Najibullah Zazi's Terror Case May Be Moved to New York

Denver CBS reporter Rick Sallinger, who usually has good information and sources, just reported on TV that Najibullah Zazi's terror case may be moved to New York, while his father's false statements case would remain here.

If that's true, I'd expect new charges to be filed against Zazi since venue isn't proper in New York on the false statements charges. (He made the statements in Colorado.)

Zazi undoubtedly will not be happy to trade the FDC in Englewood, CO for MCC Manhattan or MDC Brooklyn. But it makes sense for the Government to prosecute this "plot" as a single case in a single jurisdiction. And it makes even more sense for the Government to do it now. [More...]

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Najibullah Zazi's Legal Representation

Mohammed Zazi, father of Najibullah Zazi, is now represented by the Federal Defender's office in Colorado. Colorado has excellent federal defenders and he will get quality representation.

What about Najibullah? He told the court today he wanted to stay with Arthur Folsom, the lawyer he met for the first time on Tuesday of last week, who took him to the FBI office on Wednesday, had him waive his right to remain silent, provide fingerprint, DNA and handwriting samples and for the next three days released personal details about his client's life and activities to the media. Folsom and the PR rep he (presumably) hired didn't stop talking until Saturday, when things went south. As a result of the chain of events Folsom set in motion, Zazi, his father and a third man in New York are now charged with making false statements to federal officials, an offense that carries up to 8 years in prison. And the feds have a wealth of information about Zazi, his family and a lot of other people it would have taken them months or years, if ever, to gather. [More...]

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Government to Use FISA Surveillance Evidence in Zazi Terror Plot Case

Update: 2:00 pm: Mohammed Zazi is ordered released on bond, he will be on home detention and can go home as soon as it's installed in the house (could take a few days.) The Government did not seek to detain him. A detention hearing is set for Thursday at 9:00 a.m. for Najibullah Zazi. He will remain in custody until then. His lawyer Arthur Folsom will continue to represent him.

Bump and Update 1:30 pm MT: The Government has filed notices in both the cases of Najibullah Zazi his father Mohammed Zazi that it will be introducing and/or using evidence obtained from FISA electronic surveillance and searches. The notices read:

.... the United States intends to offer into evidence, or otherwise use or disclose in any proceedings in the above-captioned matter, information obtained and derived from electronic surveillance and physical search conducted pursuant to the Foreign Intelligence Surveillance Act of 1978 (“FISA”), as amended, 50 U.S.C. §§ 1801-1812 and 1821-1829.

Their initial appearances in court were at 1:30 p.m. Zazi's lawyer, Arthur Folsom, arrived at 9:45 a.m. (I ran into him in the clerk's office, he was getting a "green card" that allows lawyers to bring phones with cameras into the building.)

Mohammed Zazi has asked to have the public defender appointed for him. [More...]

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DOJ Releases Najibullah Zazi Complaints and Warrants

The U.S. Attorney's Office for the District of Colorado has released the arrest warrants and complaints for Najibullah Zazi, his father Mohammed Zazi and a third individual, Ahmad Wais Afzali, charged in the Eastern District of New York, along with a press release. They are charged with making false statements related to international or domestic terrorism, which carries a maximum penalty of 8 years. (See 18 USC 1001 (a)(2). Here are the documents:

Interestingly, the Afzali complaint has more details about Najibullah than the Najibullah complaint. The Afzali complaint says that Najibullah had a proffer agreement with the feds for his interviews. And, it says Najibullah told the feds he took courses at an al-Qaida training facility in Pakistan and received instruction from al-Qaida operatives in weapons and explosives. [More...]

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FBI Descends on Najibullah Zazi's Apartment, Arrest Zazi and His Father

Update 9:45 pm: The FBI has descended on Najibullah Zazi's apartment.
At 9:30 p.m. 15-20 law enforcement cars swarmed into the parking lot of Zazi's Aurora apartment near E. Smokey hill road and E-470.

Both Zazi and his father have been arrested and taken away in handcuffs. The third individual is not Naiz Khan, as I thought, but Ahmad Wais Afzali of Flushing. The charges, as the New York Times and NBC reported earlier, are making false statements to investigators. If only they had exercised their right to remain silent.

The Zazis should get a bond hearing set Monday. No word yet on who will represent Mohamed Zazi. Will the Government move to detain them without bond? I assume so, but there's no presumption of detention for the crime of making false statements to federal officials. The Government will have to show a serious risk they would flee, attempt to obstruct justice, or threaten, intimidate or injure a prospective witness or juror.

Given how they volunteered for interviews and stayed at home tonight even knowing they would be arrested, I don't think they are a risk of flight. I hope they get bond. (Update: The warrants says the Government will seek to detain Zazi but not his father. '[More...]

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Zazi Ends Talks With FBI, Blasts False Media Reports

Najibullah Zazi and his attorney "abruptly broke off talks with FBI agents this morning."

"Mr. Zazi and Mr. Folsom will not be meeting with the FBI today," Folsom's spokeswoman Wendy Aiello told The Denver Post Saturday morning. She said they've decided that it is in his best interest given the progress of negotiations so far, Aiello said.

Zazi did give a phone interview to the Denver Post this morning in which he denied the media accounts which say he confessed to anything: [More...]

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